Title 4 — Public Officers and Employees

The purpose of the Fund is to provide retirement annuities and other benefits for the employees of the government of Guam who become aged or otherwise incapacitated, and widows’ annuities and other benefits to the dependents of such employees, thereby enabling the employees to ac…

(a) The actuarial valuation of the Government of Guam Retirement Fund issued October 9, 1992 by, Deloitte & Touche expressed concern that “the Fund benefit levels are excessive in comparison to most other government retirement systems. Benefit levels and retirement policy should …

(a) The Fund shall maintain its status as a tax-qualified governmental pension plan under Section 401(a) of the Code. As used in this Article, “Code” means the United States Internal Revenue Code of 1986, as amended, applicable to Guam under the mirror provisions of the Guam Inco…

The Fund hereby created shall be known as the Government of Guam Retirement Fund. In such name or for the account thereof, all of its business shall be transacted, all of its money invested and all of its cash, securities and other property shall be held. SOURCE: GC § 4201.

The Fund shall become operative as of May 1, 1951. SOURCE: GC § 4202.

Words and phrases, wherever used in this Chapter, unless a different meaning is clearly indicated by the context, shall have the following meanings: COL 2026-05-05 (a) “Fund” shall mean the Government of Guam Retirement Fund. (b) “Board” shall mean the Board of Trustees provided …

The following employees shall be members of the Fund and subject to the provisions hereof: (a) All employees, regardless of age or length of service, in the service of the Government on the operative date, shall become members of the Fund by virtue of their employment. Any person…

The following employees shall not be eligible for membership: (a) Persons whose services are compensated on a fee basis. (b) Independent contractors. (c) Persons whose employment is for a specific project. (d) Persons who are employed in the Senior Citizens Community Employment P…

(a) Each person becoming a member on the operative date shall be entitled to prior service credit for service rendered the Government. In the case of any employee who shall have been a member of the Civil Service Retirement Fund of the United States Government and shall have rece…

(a) Prior Service. Prior Service credit shall be granted any employee who served in the Armed Forces of the United States prior to his employment with the government of Guam as though such service was rendered for the government of Guam, provided the employee shall not be receivi…

Any person who has been required or is hereafter required to become a member as a condition of employment and who has performed service for which he rejected membership in accordance with § 8105(c) or for which he was ineligible for membership under the provisions of § 8106 may c…

Any employee who shall have been employed by the government of Guam for a period of ten (10) years or more and who is a member of the Fund, who is appointed for a position within the United States Government which requires his continued residence within Guam and who has not termi…

Any current member of the Fund who is active or retired and who has been appointed to a federal position and detailed to serve with the Government of Guam in the I Maga’håga/Maga’låhi’s Office, after the effective date of the Organic Act until the inauguration date of the first e…

(a) Any employee who shall have been employed by the government of Guam for a period of ten (10) years or more and who is a member of the Fund, who is appointed for a position within an international or regional organization of governments under the United Nations system and who …

Any person who was employed by the government of Guam prior to June 1, 1989, who takes leave of absence without pay or terminates from such employment in order to further his education may, when returning to employment with the government of Guam, claim retirement credit for such…

Any person who was a member of the Civil Service of the United States of America after May 1, 1951 and who prior to June 1, 1989 was employed by the government of Guam, shall be entitled to credit for services rendered the United States Government after May 1, 1951, not to exceed…

Any person who is a current member of the Fund may apply for and receive up to five (5) years of retirement credit provided that: (a) the person apply for such credit within six (6) months of the effective date of this Act; (b) the person pay into the Retirement Fund an amount eq…

A qualified applicant, meeting the time requirements set forth in § 8113 of this Title who fails to pay in full the amounts described in a promissory note to the Retirement Fund within three (3) years of the date of the note shall lose eligibility to purchase retirement credit un…

Employees eligible to retire who opt to do so prior to payment of the full cost of the employee’s share of the early retirement credit pursuant to the terms of the promissory note under § 8113(b) of this Chapter shall receive credit on a year by year basis as each full year of cr…

The government of Guam shall pay to the Retirement Fund in full all employer’s share of retirement contributions due for each applying employee within two (2) years of the date upon which the employee applied. The amount due from the government for each employee shall be equal to…

In the computation of credit for service for the purpose of the Fund, twelve (12) days or more of service during any month shall constitute a month of service, and service between six (6) and twelve (12) days during any month shall constitute one-half (½) month of service. Servic…

Operative Date. Credit shall also be granted to any employee for services rendered after the operative date for which contributions shall have been made this Fund. SOURCE: GC § 4209. COL 2026-05-05

Any person employed by the government of Guam and a member of the Fund who has unused accumulated sick or annual leave upon the day of his retirement or disability may claim credit for every day of such leave to which he was entitled which he did not utilize, provided, that in th…

Each person becoming a member of the Fund by virtue of that provision of Subparagraph (c) of § 8104 of this Chapter which defines “employee” to include certain casual or temporary employees, shall be entitled to excluded service credit for casual or temporary service rendered to …

Should a member, for a specific period of time, be entitled to more than one of the types of credit authorized by this Chapter, he shall be allowed to obtain for said period of time only one type of credit, according to his election. SOURCE: GC § 4209.3, as added by P.L. 12-180:7…

With respect to any member who joined the Fund prior to October 1, 1981: (a) He or she may retire on a service retirement annuity, upon written application to and approval by the Board; provided that such member shall have attained at least sixty (60) years of age or fifty- five …

With respect to any member who joined the Fund on or after October 1, 1981: (a) He or she may retire on a service retirement annuity, upon written application to and approval by the Board; provided that such member shall have attained at least sixty (60) years of age or fifty- fi…

With the exception of members of the Fund prior to the effective date of this Section, any member of the Fund may retire: (a) On a service retirement annuity, upon written application to and approval of the Board; provided that such member shall have attained at least sixty-five …

(a) [No text] (1) A retired member who subsequently becomes an employee eligible for membership under § 8106 of this Title prior to January 1, 1999, shall, upon becoming so employed, have that member’s COL 2026-05-05 right to receive payment of that member’s annuity suspended for…

(a) Formula. The basic retirement annuity payable to any member shall be the following: (1) an amount equal to two percent (2.0%) of average annual salary for each of the first ten (10) years of credited service, and two and one half percent (2.5%) of average annual salary for ea…

(a) When an error is made in the records maintained by the Fund or by the government, or in the contributions made on behalf of a member, or in computing a benefit, and, as a result, a member or beneficiary is entitled to receive from the Fund more or less than the member or bene…

(a) Upon appeal to the Board by an affected member or beneficiary under (b) of this section, the Board may waive an adjustment or any portion of an adjustment made under § 8122.1 if, in the opinion of the Board: (1) the adjustment or portion of the adjustment will cause undue har…

(a) [No text] (1) A member less than sixty-five (65) years of age, who shall become totally and permanently disabled for service, either mentally or physically, regardless of how or where the disability shall have occurred after joining the retirement fund, (A) shall be entitled …

A member shall be required to undergo two (2) medical examinations to be performed and submitted by at least two (2) licensed and practicing physicians selected by the Board certifying that the member is totally and likely to be permanently disabled for the future performance of …

(a) The amount of basic disability retirement annuity shall be sixty-six and two-thirds percent (66 2/3%) based on the average of the three (3) highest annual salaries received by a member during that member’s years of credited service. (b) The annuity in Subsection (a) shall be …

Any member, who is not satisfied with the decision of the physician or physicians engaged by the Board, may appeal said decision to the Board of Trustees within sixty (60) days after receiving notification of said decision of the medical examiner. The Board upon appeal by a membe…

(a) [No text] (1) Following the allowance of a disability annuity to any member, the Board of Trustees shall require any disability annuitant to undergo two (2) medical examinations during the first seven (7) years under disability retirement and may require additional medical ex…

Should any disability annuitant refuse to submit to a medical examination as herein provided, payments by the fund shall be discontinued until his withdrawal of such refusal, and should his refusal continue for one year, all rights of the member in any disability annuity may be r…

The recomputed disability retirement annuity set forth in § 8125 of this Chapter shall be subject to any of the following applicable non-cumulative additions: (a) Any member receiving a disability retirement annuity shall receive each year on the anniversary date of that person’s…

(a) [No text] (1) Upon complete separation from service before a member shall have completed at least twenty- five (25) years of total service, the member shall be entitled to receive a refund of his or her total contributions, including regular interest, but no payment of intere…

(a) Upon death of a member occurring before his retirement on a service retirement annuity or disability retirement annuity, leaving no persons eligible for survivor annuities as provided in § 8134 of this Chapter the following shall be payable: (1) A refund of the total amount o…

(a) Upon death of a member while in receipt of a service retirement annuity or disability retirement annuity, leaving no person entitled to survivor annuities as provided in § 8134 of this Chapter, the following shall be payable: (1) The total amount of contributions made by the …

Notwithstanding any other provision of this Chapter, upon the death of a member, not in service, who had completed at least twenty (20) years of total service prior to his separation, if a surviving spouse or children survive the member, said surviving spouse or guardian of survi…

Upon the death of a member who has completed at least three (3) years of total service, or upon the death of a member in the line of duty, survivor annuities and death benefits shall be payable to eligible survivors described in Subsection (a) for the applicable term set forth in…

(a) The annual survivor annuity payable under § 8134 shall be determined as follows: (1) Spouse. The annual survivor annuity shall be equal to sixty percent (60%) of the basic retirement annuity or the basic disability retirement annuity earned by the member and accruing to that …

(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, …

The Government shall make contributions to the Fund each year on an actuarial funded basis, toward the annuities and benefits herein provided. These contributions shall be equal to the sum of the following: (a) Government Normal Cost. An annual amount resulting from the applicati…

[Repealed.] SOURCE: Added by P.L. 19-019:57 (Aug. 22, 1988). Repealed by P.L. 23-045:IV:7 (Oct. 18, 1995).

The government shall pay the employer’s and employee’s shares for Retirement Fund contributions, group health insurance premiums, and group life insurance premiums for all officers and other employees of the government of Guam who are on leave without pay and on active duty with …

Notwithstanding any other provision of law enacted prior to or subsequent to this Section, cost of living adjustments for members who retire after September 30, 1995 shall be computed by the Government of Guam Retirement Fund and retirement benefit supplements which may be given …