Title 5, Title 5

The board may establish by rule the conditions under which a local district that has withdrawn from participation in the Participating Local District Retirement Program may again contract for participation of its employees in that program under this chapter or under chapter 427.

The chief fiscal officer of a participating local district shall, in order to assist in the administration of the Participating Local District Retirement Program: [PL 2007, c. 491, §187 (AMD).] 1. Information. Submit to the board whatever information about the employees of the pa…

The Participating Local District Retirement Program established in this chapter is subject to the following requirements. [PL 2009, c. 474, §27 (NEW).] 1. Vesting. In compliance with the Code, Section 401(a)(7), a member is 100% vested in the member's contribution account at all …

1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 1991, c. 619, §18) Compulsory membership. Membership is compulsory for all persons entering the service of a participating local district after the date of establishment for the participating local district, except as otherwise provide…

A person who is or would be covered by the United States Social Security Act as a result of employment by a participating local district with Social Security coverage may elect to be a member in the Participating Local District Retirement Program. Except as provided by section 18…

1. Membership. An employee of a participating local district that does not have Social Security coverage and that has a plan provided by the employer under section 18252‑B may elect to be a member under the Participating Local District Retirement Program or to be covered under th…

The plan provided by the participating local district employer for employees to whom section 18252‑A applies must meet the following requirements. [PL 1997, c. 709, §4 (NEW).] 1. Internal Revenue Code. The plan must meet the requirements of United States Internal Revenue Code, Se…

Employees who were eligible to participate in the Participating Local District Retirement Program under section 18251, subsection 3, section 18252 and section 18252‑A, subsection 1 at the beginning of employment but did not join may do so as governed by this section. [PL 2021, c.…

1. Reemployment with new employer. Membership of a member who is reemployed with a new employer is governed as follows. A. Any member of the State Employee and Teacher Retirement Program or the Participating Local District Retirement Program whose service is terminated as a state…

The withdrawal of a participating local district from the Participating Local District Retirement Program has the following effects on an employee of the district and on the district itself. [PL 2007, c. 491, §203 (AMD).] 1. Employee eligible to withdraw accumulated contributions…

The board may establish by rule the effect on employees of a local district that resumes participation in the Participating Local District Retirement Program after having withdrawn from participation.

If, for any reason, any participating local district ceases to be an employing unit eligible for inclusion in the Participating Local District Retirement Program, the membership of its employees ceases except to the extent of any benefits that may be provided by the funds that ha…

1. Board of trustees. The board may deny membership to any class of employees whose compensation is set on any basis other than a per annum basis and that is not required by 26 CFR Part 31 to be covered by a public employee retirement system or United States Social Security Syste…

A member ceases to be a member of the Participating Local District Retirement Program if the member: [PL 2007, c. 491, §209 (AMD).] 1. Withdrawal. Withdraws accumulated contributions; 2. Beneficiary. Becomes a beneficiary as a result of the member's own retirement; or 3. Death. D…

1. Membership continued. The membership of the following employees is considered to have continued during the period of the employee's service in the Armed Forces of the United States: A. Any employee entering a class of service in the Armed Forces of the United States approved b…

Each member shall contribute to the Participating Local District Retirement Program or have pick-up contributions made by the employer at a rate of 6.5% of earnable compensation, except as otherwise provided in this Part. [PL 2007, c. 491, §210 (AMD).] 1. Employer pick-up. The co…

1. Computation by actuary. The actuary shall compute employer contributions payable annually by the participating local district on account of employees who become members under subchapter II in the same manner as if they were state employees in accordance with chapter 421, subch…

1. Certification. The board shall certify to the chief fiscal officer of the participating local district: A. The contributions and pick-up contributions computed under sections 18301 and 18302; [PL 1987, c. 739, §§34, 48 (AMD).] B. A pro rata share of the cost of the administrat…

Any former member who withdrew that person's contributions after termination of service or after withdrawing from a retirement program of the retirement system and who again becomes a member may repay earlier contributions to the Members' Contribution Fund under the following con…

A member whose membership date is prior to August 1, 2010, and who was eligible to purchase service credit under former section 18305 or 18305-A prior to August 1, 2010, retains eligibility to purchase that service credit under the conditions of those sections as in effect prior …

1. Election. If the retirement system determines at the time a member retires that the member's benefit would be increased as a result of the inclusion of compensation that would have been paid for days off without pay in fiscal year 2009-10 or 2010-11, or a combination thereof, …

1. Conditions for refund. If the service of any member has terminated, except by death or by retirement under this Part, or if an employee of a district that withdraws from participation under section 18203 wishes to have accumulated contributions refunded, the member or employee…

1. Conditions for refund. The retirement system may make an automatic refund of contributions to a member who has not properly applied for a refund as provided in section 18306‑A and who has terminated service, except by death or by retirement under this Part and who has not met …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "CETA employee" means an employee enrolled in a program under the United States Comprehensive Employment and Training Act of 1973, as amended. [PL …

1. Contribution rate. Except as provided in subsections 2 and 3, each firefighter, including the chief of a fire department, employed by a participating local district that provides a special retirement benefit under section 18453, subsection 4 or 5, shall contribute to the Parti…

1. Contribution rate. Except as provided in subsections 2 and 3, each police officer, including the chief of a police department, employed by a participating local district that provides a special retirement benefit under section 18453, subsection 7 or 8, shall contribute to the …

1. Service after becoming a member. For employees who qualify to have their membership in the Participating Local District Retirement Program continued under section 18258, subsection 1, because of service in the Armed Forces of the United States, the participating local district…

1. Contribution rate. Except as provided in subsections 2 and 3, an emergency medical services person as defined in Title 32, section 83, subsection 12, including but not limited to a basic emergency medical services person or an advanced emergency medical person, employed by a p…

1. Definition. For the purposes of this chapter, "dispatcher" means a person whose primary employment duties consist of any combination of: A. Acting as an emergency medical dispatcher as defined by Title 32, section 85‑A, subsection 1, paragraph D; [PL 2019, c. 364, §1 (NEW).] B…

The determination of one year's service credit shall be governed as follows. [PL 1985, c. 801, §§ 5, 7 (NEW).] 1. All service in one calendar year. The board may not allow more than one year's service credit for all the service occurring in one calendar year. 2. Absence without p…

1. Determination. Service credit for prior service may be allowed in accordance with section 18358. 2. Election by district. A participating local district may elect to include for all employees of the district service credit for prior service in excess of 25 years. 3. Verificati…

Upon complete payment of the back contributions under section 18305‑B, the member must be granted service credit for the period of time for which the contributions have been made. Upon making partial payment of the back contributions under section 18305‑B, the member must be gran…

1. Generally. For members who began membership before January 1, 1976, additional service credit shall be allowed for out-of-state service, subject to the following conditions. A. The member must have creditable service in the State of at least 20 years in the aggregate; [PL 1985…

A beneficiary shall receive service credit for the purpose of determining benefits under this Part for the period following termination of service for which the beneficiary receives disability retirement benefits under subchapter V, articles 3 and 3‑A.

1. Election. A participating local district may elect to provide service credit for unused accrued or accumulated sick leave or unused vacation leave or a combination of both, for which a member is credited on termination of service, but for which the member does not receive paym…

Upon complete payment of the back contributions under section 18304, the member shall be granted service credit for the period of time for which the contributions have been made. Upon making partial payment of the back contributions under section 18304, the member shall be grante…

1. Employee in service when district participation begins. Any employee who is in service on the date when participation of the local district begins and who elects to join the Participating Local District Retirement Program after that date is entitled to: A. Service credit for p…

Service credit for service in the Armed Forces of the United States is governed as follows. Except as provided in subsection 1, paragraph B, subparagraph (1), service credit under this section is limited to 5 years. [PL 2003, c. 387, §8 (AMD).] 1. Service after becoming a member.…

1. Service credit allowed. Service credit for the period of CETA employment occurring after June 30, 1979, shall be granted to any person who, after June 30, 1979, satisfies the following conditions. A. The person was a CETA employee; [PL 1985, c. 801, §§5, 7 (NEW).] B. The perso…

1. Parochial school or public or private academy. A member who taught in a parochial school or in a public or private academy may purchase up to 10 years of service credit for that service under the following conditions. A. The member must have taught in a school approved by the …

Service credit for service in law enforcement is governed as follows. [PL 2019, c. 459, §3 (NEW).] 1. Service before becoming member. A member who served as a full-time law enforcement officer with a federal, state, county or local law enforcement agency before becoming a member …

1. Service before becoming member. A member who served as a nonmilitary public employee of the United States Government before becoming a member is entitled under this subsection to purchase service credit for the period of time that the member served as a nonmilitary public empl…

No amendment to this Part may cause any reduction in the amount of benefits which would be due to a member based on creditable service, earnable compensation, employee contributions, pick-up contributions and the provisions of this Part on the date immediately preceding the effec…

Only members of the Participating Local District Retirement Program or their spouses, surviving spouses, children, dependent children, parents or beneficiaries are eligible to receive benefits from the Participating Local District Retirement Program.

1. Definition. As used in this article, unless the context otherwise indicates, the term "qualifying member" means: A. A member; or [PL 1985, c. 801, §§5, 7 (NEW).] B. A former member who is receiving a disability retirement benefit. [PL 1985, c. 801, §§5, 7 (NEW).] 2. Election. …

Except as provided in subsection 6, payment of a service retirement benefit shall begin on the first day of the month following the month in which the qualifying member becomes eligible to receive payment of the member's service retirement benefit under section 18451 or 18507. A …