Guam Administrative Code

§ 3308. Death or Legal Incapacity of a Recipient. (a) A financial institution shall be liable to the Retirement Fund for the total amount of all benefit payments received after the death or legal incapacity of a recipient. However, a financial institution may limit its liability …

§ 3309. Child Support and Domestic Relations Orders. (a) Pursuant to 4 GCA § 8166, the assignment or alienation of the right to a retirement, disability annuity, survivor’s annuity or benefit, death benefit or any other benefit, or refund, by whatever name called, shall not answe…

§ 3310. Procedures Prior to Receipt of Child Support or Domestic Relation Orders. (a) If the Retirement Fund receives notice that a court order is being sought with respect to amounts payable to a recipient, the Retirement Fund may suspend the payment of any amount(hereinafter in…

§ 3311. Processing Court Orders or Instruments Purporting to Be Qualified Domestic Relations Orders. Upon receipt of an order or instrument purporting to be a qualified domestic relations order within the scope of 4 GCA § 8166, the following procedures shall be taken by the Retir…

§ 3312. Determining Whether an Order is a Qualified Domestic Relations Order. The Retirement Fund shall determine, based on the following requirements, whether an order is a Qualified Domestic Relations Order: (a) The order must be a domestic relations order, that is, a judgment.…

§3313. Special Rules for Former Spouses. (a) The order may provide that a former spouse shall be treated as the current spouse of a Participant for certain purposes such as qualifying for surviving spouse’s benefits as provided in 4 GCA § 8134. (b) To the extent that a former spo…

§ 3314. Procedures for Period During Which QDRO Determination is Being Made. During any period in which the issue of whether a domestic relations order is a Qualified Domestic Relations Order is being determined (by the Retirement Fund or by a court of competent jurisdiction. or …

§ 3315. Notification of QDRO Determination. (a) Upon determining that the order (as modified, if applicable) is a Qualified Domestic Relations Order, the Retirement Fund shall furnish a copy of such determination to Board of Trustees, the concerned Participant, and each Alternate…

§ 3316. Processing Child Support Orders. The Retirement Fund shall effect prospective payments of child support under court orders issued and in compliance with 5 GCA § 34132, as amended. --------- ARTICLE 4 REGULATIONS CONCERNING THE ELECTION OF TRUSTEES…

§ 3401. General Provisions (a) Authority. The Board of Trustees is authorized to establish rules and regulations to implement the provisions of 4 GCA § § 8138 through 8138.4, pursuant to 4 GCA § 8138.5. (b) Purpose. To implement the provisions of 4 GCA § § 8138 through 8138.4, as…

§ 3402. Definitions. Words and phrases, wherever used in this Article, unless a different meaning is clearly indicated by the context, shall have the following meanings: (a) Fund means the Government of Guam Retirement Fund Defined Benefit Plan as defined in 4 GCA § 8104(a). (b) …

§ 3403. Initial Election. An initial election shall be conducted by the Guam Election Commission in accordance with 4 GCA § 8138.1, no later than February 1, 2004.

§ 3404. Subsequent Elections. Subsequent elections shall be held in accordance with 4 GCA

§ 3405. Term of Office. Each Board member elected or duly appointed shall serve a five (5) year term of office in accordance with 4 GCA § 8138.2, except that a member who fills a vacancy may serve only the remainder of their predecessor’s five (5) year term and may serve a shorte…

§ 3406. Vacancy on Board. Vacancies shall be filled in accordance with 4 GCA § 8138.4.

§ 3407. Notice of Election. (a) Requirement of Notice. Except in the case of a runoff election, at least sixty (60) days prior to an election, the Fund shall give notice of an election. Such notice shall be given by publication in a local newspaper of daily general circulation an…

§ 3408. Qualifications of Candidates and Trustees. (a) Submission of Candidate Statements and Nominating Petitions. Upon Notice being provided pursuant to § 3407, a prospective Candidate seeking election shall submit a Candidate Statement and a Nomination Petition in the form pro…

§ 3409. Ballots. (a) Form of Ballot. As soon as practicable after certification, the Guam Election Commission shall cause ballots to be prepared. The ballots may be separate for the election of Active Members and Retirees, respectively. Each ballot shall have printed thereon the …

§ 3410. Conduct of Election. The Guam Election Commission shall be responsible for conducting the elections under 4 GCA § 8138.1, including the disbursement, collection, and counting or recounting of absentee ballots, but may engage an independent firm or company to assist in the…

§ 3411. Declaration of Result of Elections. Upon receipt of the results certified by the Guam Election Commission, or in an election in which a recount shall have been requested, the recount results certified by the Guam Election Commission, the Board shall declare elected the Ca…

§ 3412. Runoff Election. (a) Declaration of Runoff Election. Upon the Board determining that a runoff election is required, the Board shall order a runoff election to be held as soon as practicable, but no later than sixty (60) days following the announcement of the results of th…

§ 3413. Interim Member Election. (a) Declaration of Interim Member Election. Upon the Board determining that an Interim Member Election is required, the Board shall order an Interim Member Election to be held as soon as practicable, but at least ninety (90) days and no greater th…

§ 3414. Recount of Ballots. Any Candidate dissatisfied with the result of the count as to his election, may, within three (3) days of the official certification of the person or persons elected to the Board, request a recount of the ballots pertaining to his election by filing su…

§ 3415. Recall of Elected Members. (a) Recall of Elected Retiree Members. The Guam Election Commission shall hold a recall election of an elected Retiree Member within ninety (90) days of certification of a petition signed by not less than a number of Retirees equal to or greater…

§ 3416. Adoption of Rules and Regulations Governing Elections. These rules and regulations shall be amended in accordance with the Rule-Making Procedures of the Administrative Adjudication Law, Title 5, Chapter 9, Article 3 of the Guam Code Annotated. ---------…

§5030 (g) of the Guam Procurement Act, between $500 and $50,000 the procedures and records required in Section 3111(c) (Small Purchases of Supplies or Services Between $500 and $15,000) shall apply. For procurement of construction less than $500, §3111(e) (Small Purchases of $500…

§5103 for Bonds Requirement in Procurement of Construction. (D) Bonds as may be required in this Section shall be surety licensed to do business in this territory. Bonds shall be on Government standard form or standby irrevocable Letter of Credit or Certified Check or Cashier's C…

§5215 (Emergency Procurements), 5 GCA §5216(e), CH. 3 - SOURCE SELECTION & CONTRACT FORMATION - 1997 - P. 94 (Competitive Selection Procedures for Services Specified in 5 GCA §5217, Award), 5 GCA §5230(a), (Responsibility of Bidders and Offerors, Determination of Non-Responsibili…

§ 8138.1 through § 8138.4.

§3111 (Small Purchases), it shall be used except as otherwise provided by the Chief Procurement Officer, the Director of Public Works, or the head of a Purchasing Agency. If no such specification exists, purchasing and using agencies are hereby granted the authority to prepare sp…

§ 4101. [Plan Amendment.] The Plan is amended, effective as of January 1, 2018, by inserting the following new Article IA immediately following Article I: ARTICLE IA COORDINATION WITH PARTICIPATION IN GOVERNMENT OF GUAM DEFINED BENEFIT 1.75 RETIREMENT SYSTEM 1 2020 NOTE: The plan…

§4101. Definition of Terms Used in this Chapter.

§4102. Regulation. This Chapter sets forth regulations governing the preparation, maintenance, and content of specifications for suppliers, services, and construction required by the territory, pursuant to 5 GCA §5261 of the Guam Procurement Act. (a) General Purposes and Policies…

§ 4102 Election to Participate in Alternative Plan. Public Law No. 33-186, approved on September 14, 2016, establishes the “Defined Benefit 1.75 Retirement System” or “DB 1.75 Plan” as codified in Article 5, Chapter 8, Title 4 of the Guam Code Annotated (“GCA”) and the “Guam Reti…

§4103. Preparation of Specifications.

§ 4103. [Contribution Rates.] The Plan is amended effective as of January 1, 2018, by inserting the attached new Appendix A, “Current Employee and Employer Contribution Rates”, immediately following the end of the Plan document. GOVERNMENT OF GUAM DEFINED CONTRIBUTION RETIREMENT …

§4104. Excepted Items. Specifications for supplies, services, or construction items procured under 5 GCA §5121 (Authority to Contract for Certain Services), or exempted pursuant to 5 GCA §5124 (Exemptions) of the Guam Procurement Act, may be prepared by a Purchasing Agency in acc…

§4105. Relationship with Using Agencies. The Chief Procurement Officer and the Director of Public Works shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate in writing to a using agency the authority to p…

§4106. Maximum Practicable Competition. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the territory's needs, and shall not be unduly restrictive (5 GCA §5265 of the Guam Procurement Act). (a) Nonrestrict…

§4107. Specifications Prepared by Architects and Engineers. The requirement of this Chapter regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers, and dr…

§4108. Publication of Specification Sources. The specifications contained in any invitation for bids or request for proposals, and any amendment thereto, for the procurement of supplies shall identify the person responsible for drafting the specifications and any persons, technic…

§4109. Salient Features. « §4101. Definition of Terms Used in this Chapter. (a) Definitions. (1) Brand Name Specification means a specification limited to one or more items by manufacturers' names or catalogue numbers. (2) Brand Name or Equal Specification means a specification w…

§ 4A101. Participation. (a) Election by Certain New Employees in 2017. (1) An Employee whose employment commences with the Government of Guam between April 1 , 2017, and 2 December 31, 2017, inclusive, and who satisfies the eligibility requirements for membership in the Existing …

§ 4A102. Active Members in Defined Contribution. (a) Election by Active Members. (1) An Employee who is an active member in the Defined Contribution System on March 31, 2017, may during the “Active Member Election Window” commencing April 1, 2017, and ending on September 30, 2017…

§ 4A103. Reemployment of Defined Contribution System Member. (a) Reinstated Membership in Defined Contribution System. In accordance with 4 GCA § 8502(4), any Employee who is a member in the Defined Contribution System, who terminates employment from the Government of Guam and wh…

§ 4A104. Reemployment of Existing Retirement System Member. (a) In accordance with 4 GCA § 8502(b)(3), any Employee who is a member in the Existing Retirement System, who terminates employment from the Government of Guam and who is later reemployed after December 31, 2017, by the…

§ 4A105. Reemployment of Retiree Any Employee who retired under the Existing Retirement System, the Defined Contribution System, or the Defined Benefit 1.75 Retirement System shall participate in the Defined Contribution System upon reemployment in accordance with Article 2, Chap…

§ 4A106. No Other Eligibility to Retirement Fund. The New Employee Election, Active Member Election, Reemployed Member Election, Later Reemployed Member Election, and Reemployed Disability Member Election as described in the above in Article 1 constitute the means for an Employee…

§ 4A107. Membership in Deferred Compensation Program. Any member in the DB 1.75 Plan shall participate in the Guam Deferred Compensation Program under Article 3, Chapter 8 of Title 4 of the GCA, effective as of the date on which the member commences participation in the DB 1.75 P…

§ 4A108. Membership in Welfare Benefit Plans. (a) Any member in the DB 1.75 Plan shall not be eligible to participate in the welfare benefit plans established and maintained under Article 4, Chapter 8 of Title 4 of the GCA. (b) Thus, a member of the Defined Contribution System wh…