(a) Base Pay. Each member of the Fund shall contribute the following: (1) Six percent (6%) of salary earned and accruing to such member from the operative date to July 1, 1973; (2) Six and one-half percent (6.5%) of salary earned and accruing to such member subsequent to July 1, 1973; (3) Seven and one-half percent (7.5%) of the base pay earned and accruing to such member subsequent to October 1, 1981; (4) Eight and one-half percent (8.5%) of the base pay earned and accruing to such member to be effective on the first full pay period after the date of enactment of this Section, which enactment date is subsequent to October 1, 1992; (5) Nine and one-half percent (9.5%) of the base pay earned and accruing to such member subsequent to October 1, 1993. (b) These contributions shall be made as a deduction from salary, notwithstanding that the salary paid in cash to such member may be reduced thereby below the established statutory rate. Every employee who is a member of the Fund shall be deemed to consent and agree to the deduction from salary as herein provided, and shall receipt for his full salary, and payment to such employee of salary less such deductions shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such employee during the period covered by such payment, except as to the benefits herein provided. (c) The annual salary of a member shall include: (1) the base pay of the member for which he/she contributed to the Fund as required in § 8136(a) of this Chapter; and (2) the non-base pay of the member for which he/she contributed to the Fund pursuant to his/her election made prior to March 29, 1993, in accordance with P.L. No. 19-010:XI:10, P.L. No. 20-4:3, and P.L. No. 22-006:7. SOURCE: GC § 4218; repealed and reenacted by P.L. 11-171:7 (Sept. 11, 1972); subsections (a)(3) and (a)(4) added by P.L. 16-009:3 (May 4, 1981). Amended by P.L. 19-001:7 (Jan. 29, 1987), resulting in implicit repeal of (b). Amended by P.L. 19-003:10 (Apr. 24, 1987). Subsection (a)(4) repealed and reenacted by P.L. 19-010:XI:13(a) (Nov. 14, 1987), P.L. 19-019:23 (Aug. 22, 1988), P.L. 20-004:3 (Apr. 10, 1989). Subsection (a) amended by P.L. 22-006:6 (Mar. 29, 1993). Subsection (c) repealed and reenacted by P.L. 24-315:6 (Dec. 23, 1998). 2025 NOTE: The Compiler has corrected a manifest error in past publications of the GCA, regarding an incorrect date. 2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “Lowercase Roman numerals” to “Numbers” in subsection (c). NOTE: P.L. 19-003:10 (Apr. 24, 1987) contained the following uncodified language: The amendment made to Item (4) of Subsection (a) of 4 GCA § 8136 in Public Law 19-1 shall be effective October 1, 1986 provided that the government of Guam or the employer involved shall pay its regular proportionate contribution on such amount at the same rate as may be in effect for regular wages. The amendment made in this Section adding Subsections (b) and (c) to 4 GCA § 8136, which were inadvertently repealed in Section 7 of Public Law 19-1, is effective January 28, 1987. P.L. 19-010:XI:13(b) (Nov. 14, 1987) contained the following uncodified language: (b) All current employees of the government of Guam shall have one hundred eighty (180) days to decide whether to exercise such option, and shall thereafter be deemed to waive the option. In order to exercise such
COL 2026-05-05
option, all current members shall pay into the fund payment for all such sums received during the course of their employment with the government of Guam.” P.L. 20-004:4 (Apr. 10, 1989) contained the following uncodified language: Notwithstanding any other law or regulation, members and prior members who paid or executed promissory notes for repayment of withdrawn contributions or for educational or military credit or for non-base pay contributions shall have the interest on their repayment recalculated anew at regular interest and shall have payments reduced or the repayment period shortened accordingly. P.L. 22-006:7 (Mar. 28, 1983) contained the following language: Section 6 of this Act denies the right of any new member of the Retirement Fund to make contributions on account of their non-base pay. All members of the Fund who have previously elected to make such contributions may continue to do so except that the contribution rate shall be eight and one-half percent (8½%) for the period following enactment of this Act to the first full pay period, nine and one half percent (9½%) for the period from the beginning of such first full pay period through September 30, 1993, and ten and one half percent (10½%) thereafter.