Title 5, Title 5

If the membership of the employees of a participating local district ceases under section 18255, the funds that have been established under the Participating Local District Retirement Program for that district must be used to provide benefits for members or beneficiaries at the d…

All benefits payable under this chapter must be paid from the Retirement Allowance Fund, except those payable from the Members' Contribution Fund or as specifically provided in this chapter.

If any error in any record of the retirement system results in a member or beneficiary receiving more or less from the system than the member or beneficiary would have been entitled to receive had the record been correct, payments must, as far as practicable, be adjusted so that …

For purposes of determining benefits under this chapter, the earnable compensation of a member retired with a disability retirement allowance under article 3 is assumed to be continued after the member's date of termination of service: [RR 2023, c. 2, Pt. B, §144 (COR).] 1. Rate.…

Benefits are limited as follows: [PL 1987, c. 256, §34 (NEW).] 1. One benefit only. A beneficiary may select only one benefit, regardless of how many benefits the beneficiary qualifies for; and 2. Election final. Except as provided in section 18403, subsection 4, and section 1855…

Any retiree or member who is retired or will retire may elect to reduce or discontinue receiving any benefit upon written request, duly certified and acknowledged, to the chief executive officer.

Qualification for service retirement benefits for a member not covered under chapter 427 is governed by subsection 1, 2 or 3, unless the requirements of section 18453 are satisfied, in which case one or more of the subsections of section 18453 governs. [PL 2013, c. 391, §9 (AMD).…

Qualification for service retirement benefits for a member covered under chapter 427 is governed by subsection 1 or 2, unless the requirements of a special plan, as established by the board by rule, have been met. [PL 2013, c. 391, §10 (NEW).] 1. Members prior to July 1, 2014. Qu…

1. Member in service. The total amount of the service retirement benefit for members qualified under section 18451, subsection 1 equals: A. One-fiftieth of the member's average final compensation multiplied by the number of years of membership service; and [RR 2023, c. 2, Pt. B, …

A participating local district may, by filing with the board a duly certified copy of its action, provide, in lieu of any other retirement benefit in this Part, special retirement benefit plans in this section. If a member retires after becoming qualified to retire under section …

A participating local district may, by filing with the board a duly certified copy of its action, provide for all of its employees, in lieu of the benefit provided by section 18404, subsection 1, a benefit in accordance with the following terms and conditions. [PL 1989, c. 78, §7…

1. Termination on or after January 1, 1976. If a member's final termination of service occurred on or after January 1, 1976, the retirement system law in effect on the date of termination shall govern the member's service retirement benefit. 2. Termination before January 1, 1976.…

A member who has 10 or more years of creditable service at retirement is entitled to a minimum service retirement benefit of $100 a month. A former participating local district employee who had 10 or more years of creditable service and who is receiving a retirement allowance, in…

The plan provisions adopted by rule pursuant to section 18801 govern the return of a retiree to employment by an employer participating in the Participating Local District Consolidated Retirement Plan.

When a participating local district adopts the benefits provided by the Public Laws of 1973, chapter 542, benefits for former employees receiving a retirement benefit shall be recomputed as follows. [PL 1985, c. 801, §§ 5, 7 (NEW).] 1. 1/50 basis. Each person receiving a service …

Any service retirement benefits earned by a law enforcement officer under this article which are substantially similar or equal are interchangeable.

A participating local district electing retirement programs under section 18453, subsections 1 to 9, may, by filing with the board a duly certified copy of its action: [PL 1985, c. 801, §§ 5, 7 (NEW).] 1. Discontinue benefits. Discontinue any benefit under any of those subsection…

Nothing in section 18453, subsections 1 to 9, may be construed to affect in any way the rights of public employees to engage in collective bargaining for terms and conditions of employment.

A participating local district may provide, by filing with the board a duly certified copy of its action, an additional benefit for employees under special plans who transfer to positions not under special plans. The benefits under subsection 2, paragraph A are not applicable to …

As used in this article, unless the context otherwise indicates, "disabled" means mentally or physically incapacitated: [PL 1985, c. 801, §§5, 7 (NEW).] 1. Permanent. To the extent that it is impossible for a person to perform the duties of the person's employment position and th…

This article applies to all disabilities for which written applications are received by the chief executive officer before October 1, 1989. All disabilities for which written applications are received by the chief executive officer after September 30, 1989, are subject to article…

1. Written application. In order to receive a benefit under this article, the person must apply in writing to the chief executive officer in the format specified by the chief executive officer. A. [PL 2021, c. 277, §31 (RP); PL 2021, c. 277, §45 (AFF).] 2. Approval. The written a…

The examination or tests to determine whether a member is disabled under section 18501 are governed as follows. [PL 1985, c. 801, §§5, 7 (NEW).] 1. Agreed upon health care provider. The examination or tests must be conducted by a health care provider mutually agreed upon by the c…

1. Qualification. Except as provided in subsection 2, a member qualifies for a disability retirement benefit if the member becomes disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, …

When a member qualified under section 18504 retires, the member is entitled to receive a disability retirement benefit equal to 59% of the member's average final compensation. The 59% level must be reviewed for cost-neutral comparability as a part of the actuarial investigation p…

1. Excess compensation. If the compensation received from engaging in any gainful occupation by a beneficiary of a disability retirement benefit exceeds $20,000 in calendar year 2000 or in any subsequent calendar year exceeds that amount cumulatively increased by the same percent…

1. Beginning. If the chief executive officer receives the written application for disability retirement benefits within 6 months after the date of termination of active service of the member, payment of benefits shall begin on the first day of the month following the date of term…

1. Requirement. The chief executive officer shall require each beneficiary of a disability retirement benefit to submit, each calendar year, a statement of the beneficiary's compensation received from engaging in any gainful occupation during that year. 2. Failure to submit state…

1. Election. A beneficiary entitled to a disability retirement benefit under section 1122 of the former retirement system law, as in effect immediately before July 1, 1977, may elect to be governed by this article instead of the law applicable to the disability retirement benefit…

1. Definition. For purposes of this section, a person is considered to be an active member of a municipal fire department or of a volunteer fire department or volunteer firefighters' association if the person aids in the extinguishment of fires, whether or not the person has admi…

Upon agreement of the chief executive officer and the person, rehabilitation services may be provided to any person who is the recipient of a disability retirement benefit under this article as a means to the person being able to return to substantially gainful activity. As a con…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 409, §§11, 12 (NEW).] 1. Disabled. "Disabled" means that the member is mentally or physically incapacitated under the following conditions: A. The incapa…

This article applies to all disabilities for which written applications are received by the chief executive officer after September 30, 1989.

1. Qualification. Except as provided in subsection 2, a member qualifies for a disability retirement benefit if disabled while in service and, for a member who by election remains covered under this section as written prior to its amendment by Public Law 1991, chapter 887, sectio…

1. Written application. In order to receive a benefit under this article, the person must apply in writing to the chief executive officer in the format specified by the chief executive officer. A. [PL 2021, c. 277, §35 (RP); PL 2021, c. 277, §45 (AFF).] B. [PL 1997, c. 393, Pt. A…

Any examinations or tests conducted under section 17106‑B or required by the chief executive officer under section 18521, subsection 1, paragraph D; section 18524; section 18529, subsection 2, paragraph B; or section 18533, subsection 3, paragraph A are governed as follows. [PL 2…

Upon agreement of the chief executive officer and the person, rehabilitation services may be provided to any person who is the recipient of a disability retirement benefit under this article as a means to the person being able to return to substantially gainful activity. As a con…

When a member qualified under section 18524 retires, after approval for disability retirement by the chief executive officer in accordance with section 18525, the member is entitled to receive a disability retirement benefit equal to 59% of that member's average final compensatio…

1. Beginning. Payment of disability retirement benefits shall begin on the first day of the month following the date of termination of active service of the member, but not more than 6 months before the date of receipt by the chief executive officer of the written application, by…

1. Definition. As used in this section, unless the context otherwise indicates, "adjusted final compensation" means the rate of pay of the person immediately before termination and becoming the recipient of a disability retirement benefit adjusted by the same percentage adjustmen…

1. Requirement. The chief executive officer shall require each person who is the recipient of a disability retirement benefit to submit, each calendar year, a statement of compensation received from any gainful occupation during that year. 2. Failure to submit statement. Failure …

1. Right to reinstatement. If a person who is the recipient of a disability retirement benefit decides that the person is no longer incapacitated and is able to perform the duties of that person's employment position, the employer for whom the person last worked before becoming d…

1. Average final compensation. The service retirement benefit of a person who returns to employment with that person's former employer or any other employer whose employees are covered by this article or chapter 423, subchapter V, article 3‑A, after having been the recipient of a…

Any person entitled to receive a disability retirement benefit under article 3, as in effect immediately before October 1, 1989, or under section 1122 of the former retirement system law, as in effect immediately before July 1, 1977, may elect to be governed by this article inste…

In the case of a participating local district having a Participating Local District Retirement Program disability plan other than that provided by article 3 or 3‑A, which plan is in force on October 15, 1992, the following provisions apply on and after October 16, 1992: [PL 2007,…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 801, §§ 5, 7 (NEW).] 1. Designated beneficiary. "Designated beneficiary" means the beneficiary designated under section 18552. 2. Qualifying member. "Qua…