Title 4 — Public Officers and Employees

[Repealed.] SOURCE: Original § 8219 dealing with “Deferred Compensation” repealed by P.L. 24-268:2 (Aug. 17, 1998). Current section added by P.L. 25-157:12 (July 10, 2000). Repealed by P.L. 26-086:2 (May 17, 2002) and replaced by 4 GCA § 4108(h). ARTICLE 3 DEFERRED COMPENSATION P…

As used in this Article, unless the context otherwise requires: COL 2026-05-05 (a) “Deferred Compensation Program” or “Program” means the government of Guam Deferred Compensation Program created and established by this Article. (b) “Board of Trustees” or “Board” means the Board o…

Participation in Government of Guam Deferred Compensation Program; Limiting Participation in Existing § 457 Plans. (a) There shall be established the Government of Guam Deferred Compensation Program, hereinafter referred to as “Program,” to which member contributions, in the form…

The provisions of this Article shall be liberally construed so as to provide a Deferred Compensation Program for any member which is funded on a current basis from elective member contributions.

The Board of Trustees created pursuant to Article 1 of Chapter 8 of this Title shall administer the Government of Guam Deferred Compensation Program. The Board may sue and be sued, contract and be contracted with, and conduct all the business of the Deferred Compensation Program …

Retirement System in the Administration of the Deferred Compensation Program. (a) Adoption of Formal Written Plan and Trust Arrangement. The Board of Trustees shall be responsible for the adoption of a formal written plan setting forth all the terms and conditions of the Program,…

(a) Deductions from Salary. Member contributions in the form of deductions from salary shall not exceed the limits prescribed by Code § 457, as amended. The employer shall contribute or pay these member deducted contributions from the same source of funds which is used in paying …

(a) Subject to the approval of the Board of Trustees, the Director shall develop and establish a procedure by which common administrative expenses shared among the Government of Guam Retirement Fund, the Government of Guam Defined Contribution System and the Program, taking into …

(a) The amount of benefit payments that a retired member shall receive shall be based solely upon the balance in the member’s deferred compensation plan account at the date of retirement, the retirement option selected, the actuarial life expectancy of the member, if applicable, …

The Board of Trustees shall prepare or cause to be prepared, on a quarterly basis, an account statement for each member’s account. The statement shall include, but shall not be limited to, a statement of the current market value of the member’s account. The Board of Trustees shal…

As used in this Article, unless the context otherwise requires: (a) “Base Pay” means an employee’s stated rate of pay; (b) “Board” means the Board of Trustees of the Government of Guam Retirement Fund, which also is responsible for the direction and operation of the affairs and b…

The Welfare Benefit Plans for Defined Contribution Retirement System members as described herein shall be created and established to provide employee welfare benefits as reasonable and necessary to fulfill the purposes of this Article. The business of each welfare benefit plan cr…

The provisions of this Article shall be liberally construed so as to provide, to the extent practicable, similar, although not necessarily equal, pre-retirement disability and survivor death benefits as those provided to members of the Defined Benefit Plan, and to provide other e…

The Board of Trustees created pursuant to Article 1 of Chapter 8 of this Title, and authorized under Article 2 of Chapter 8 of this Title, shall administer the welfare benefit plans for members of the Government of Guam Defined Contribution Retirement System. The board may sue an…

The Board has all powers necessary to effectuate the purposes of this Article. (a) The Board is authorized and empowered to take any and all required action, including, but not limited to, (1) making decisions concerning plan design and adoption of the plan, (2) entering into con…

Members of the Defined Contribution Retirement System are eligible to participate in the welfare benefit plans established hereunder.

(a) Each participating employer shall make a contribution to the applicable welfare benefit account for the sole purpose of financing insurance premiums and administrative expenses related to the welfare benefit plans established under this Article, including pre-retirement disab…

As used in this Article, unless the context otherwise requires: (a) “Actuarial Cost of Credited Service” means a percentage of historical base salary corresponding to the service for which a member’s account is credited with employer contributions under the Defined Contribution R…

Membership in DB 1.75 Retirement System. (a) Defined Benefit 1.75 Retirement System. (1) Beginning January 1, 2018, the government of Guam Defined Benefit 1.75 Retirement System shall be established hereunder and System shall be comprised of membership under the government of Gua…

(a) Amount of Basic Retirement Annuity. Notwithstanding the otherwise applicable formula under § 8122 or other successor provision, the basic retirement annuity payable to a Defined Benefit 1.75 Plan member under the Retirement Fund shall be the following: (1) an amount equal to …

Account Balance, If Any. (a) In connection with credited service transferred from the Defined Contribution Retirement System to the Retirement Fund under § 8503(d)(1), a member’s Member Account balances in the Defined COL 2026-05-05 Contribution System shall be transferred to the…

(a) Amount of Disability Retirement Annuity. Notwithstanding the otherwise applicable formula under § 8125 or other successor provision, the amount of basic disability retirement annuity for a Defined Benefit 1.75 Plan member under the Retirement Fund shall be fifty percent (50%)…

The death benefit and survivor annuity provisions in connection with a member’s death under §§ 8131 through 8135 or other successor provisions shall be applicable to Defined Benefit 1.75 Plan members in a manner no different than the application to members who are not Defined Ben…

The member contribution provisions under § 8136 or other successor provision shall be applicable to Defined Benefit 1.75 Plan members in a manner no different than the application to members who are not Defined Benefit 1.75 Plan members. However, notwithstanding that the contribu…

In accordance with § 8308, the employer shall automatically enroll members and deduct and credit Defined Benefit 1.75 Plan member contributions under the Deferred Compensation Program in an amount equal to one percent (1%) of the member’s base salary. However, notwithstanding tha…

As used in this Chapter, unless otherwise indicated by the context: Government means the government of Guam, its political subdivisions and any officer, board, commission or other agency of the government of Guam or a political subdivision thereof, whether performing or engaged i…

It shall be unlawful: (a) For any government employee to participate in any strike against the Government. (b) For any person, by picketing or otherwise, to instigate, induce, procure, order, direct, coerce or incite any violation of this Chapter or to undertake to concert with a…

Any individual employed by the Government who violates any provision of this Chapter may be dismissed, suspended or reduced in rank or compensation. SOURCE: GC § 4377.

The provisions of this Chapter shall be enforceable by injunction proceedings as provided in this Section. The Attorney General, at his own instance or at the request of the Governor or any other officer, board, commission or other agency of the Government, in the event any perso…

Nothing in this Chapter shall be construed to require an individual employee to perform work or services without his consent, nor shall anything in this Chapter be construed to make the quitting of government employment by an individual employee an illegal act. SOURCE: GC § 4379.

If part of this Chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applica…

This Chapter may be cited as the Public Employee- Management Relations Act of Guam. SOURCE: GC § 4400. NOTE: This Chapter is a virtual copy of the first federal Executive Order authorizing federal unions, signed by President Kennedy. Obvious references to various federal agencies…

The Legislature of Guam declares that it is the policy and purpose of this Chapter, in the public interest, to promote orderly COL1172018 and constructive relationships between Government and its public employees by providing an opportunity for effective participation by employee…

[Repealed.] SOURCE: GC § 4402. Repealed by P.L. 34-123:3 (Sept. 9, 2018).

As used in this Chapter: (a) Government means the Executive Branch of the government of Guam, including any political or organiza- tional subdivision thereof, and any corporation, association or authority wholly owned by the government of Guam. COL1172018 (b) Department means the…

Public employees shall have the right to form, join, assist and participate in the management of employee organizations or their own choice and to act as organization representative or to refrain from any such activity, without interference, restraint, coercion or discrimination …

(a) Public employees shall have the right to be represented by employee organizations when exclusive recognition has been granted to such organizations for purposes of consultations and negotiations with government management officials concerning terms and conditions of their emp…

As a prerequisite for securing and retaining exclusive recognition under the provisions of this Chapter, an employee organization must subscribe to the following standards either by adoption by the organization itself or by the national, inter- national or federation of organizat…

For purposes of exclusive recognition requested by qualified employees or organizations, appropriate units of employees shall be established by government management officials on any reasonable basis, such as departmental, functional, craft, or other basis, which will assure a cl…

Government management officials shall recognize a qualified employee organization as the exclusive representative of public employees in an appropriate employee unit when determination is made that the organization has a membership of not less than ten percent (10%) of the total …

Procedures for the settlement of disputes between management officials and employee organizations or among employee organizations, concerning the appropriateness of employee units for exclusive recognition purposes or concerning the right of an employee organization to receive ex…

The provisions of this Section apply to all government of Guam management officials and to all employee organizations accorded exclusive recognition to represent public employees under this Chapter. (a) Management officials are prohibited from: (1) restraining, coercing or interf…

Government management officials shall retain the right and responsibility, in accordance with applicable law and regulations to: (a) maintain efficient government operations and direct public employees; (b) hire, promote, transfer and assign employees to government positions; (c)…

An employee organization which has been recognized as exclusive representative of an appropriate public employee unit, under provisions of this Chapter, shall be responsible for representing the interests of all employees in the unit without discrimination and without regard to o…

Agreements negotiated under the terms of this Chapter between management officials and employee organizations which have been granted exclusive recognition in appropriate public employee units may contain procedures for consideration, and final settlement of grievances, including…

A comprehensive employee-management relations program, consistent with the policies in this Chapter, shall be under the direction and control of the Governor of Guam in accordance with the powers and duties vested in him by the Organic Act of Guam and the Guam Code Annotated and …

(a) Effective no later than six (6) months following approval of this Chapter, the Director, Department of Administration, shall issue appropriate policies, rules and regulations, with the approval of the Governor of Guam, for the implementation of this Chapter, including: (1) pr…

Solicitation of memberships, collection of membership dues or other internal organization business may be conducted only during nonduty hours of the employees involved. This does not COL1172018 preclude reasonable government services to employee organi- zations, such as provision…

Notwithstanding § 10108 of this Chapter, a new bargaining unit to be known as “Special Bargaining Unit” is established within the Guam Community College created by Division 4 of 17 GCA. The bargaining unit shall include those positions transferred to the Community College as a re…

Except as provided for in § 10120, every position within the Special Bargaining Unit shall continue to be subject to such collective bargaining agreement as it was subject to prior to the transfer date mentioned in § 10118. Such collective bargaining agreements shall be applicabl…