Title 5, Title 5

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 …

If the recipient of a reduced service retirement benefit under section 18404, subsection 3, 4, 5‑A or 5‑B remarries after the recipient's spouse dies, the following provisions apply. [PL 1999, c. 744, §15 (AMD); PL 1999, c. 744, §17 (AFF).] 1. Election of benefit for new spouse. …

If the recipient of a reduced service retirement benefit under section 18404, subsection 3, 4, 5‑A, 5‑B, 5‑C, 5‑D or 5‑E is granted a divorce either after retirement or before a retirement beneficiary is named, the following provisions apply. [PL 2001, c. 118, §10 (AMD).] 1. Elec…

1. Retirement system. The retirement system's liability for payment of benefits is governed as follows. A. The retirement system is not liable for the payment of any benefits to employees or retirees of any participating local district for which reserves have not been previously …

Cost-of-living adjustments to the retirement benefits being paid to retired participating local district employees shall be governed as follows. [PL 1985, c. 801, §§5, 7 (NEW).] 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms h…

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…