C.  Membership, Credited Service

 

§88-271  Election.  (a)  Any class A orclass B member who:

(1)  Is in service on June 30, 1984, or who returns toservice after June 30, 1984, but before July 1, 2006, and has vested benefitstatus as provided in section 88-96(b); and

(2)  Is in a position covered by Title II of theSocial Security Act,

may elect to become a class C member effectiveJanuary 1, 1985; or upon return to service, by filing an election form with theboard.  The election shall be made prior to December 1, 1984, or within thirtydays of return to service and shall be irrevocable.  A class A or class Bmember who makes an election shall be refunded all accumulated contributionsand shall not be required to make further contributions upon becoming a class Cmember. The refund shall be made by March 31, 1985, or within ninety days afterreturn to service.  Upon the effective date of the election, all rights as aclass A or class B member shall be extinguished.

(b)  After June 30, 1984, a class A or class Bmember, who returns to service but does not have vested benefit status asprovided in section 88-96(b), shall become a class C member upon return toservice and shall be refunded all accumulated contributions.

(c)  Any water safety officer who is in serviceon July 1, 1994, may elect to become a class C member by filing an electionform with the board.  The election shall be made prior to September 1, 1994,and shall be irrevocable.  The accumulated contributions of a water safetyofficer who makes this election shall be returned to the water safety officerthrough payroll adjustments or another procedure as determined by the board. Upon the effective date of the election, all rights as a class A member shallbe extinguished.  All persons first employed as a water safety officer afterJuly 1, 1994, shall be class C members.

(d)  [L 2006, c 40 amendment retroactive toJuly 1, 2004.  L 2006, c 40, §6.]  The election by any class A orclass B member to become a class C member pursuant to section 88-46.5 in theform in which it existed at any time prior to July 1, 2006, shall beirrevocable upon refund of the member's accumulated contributions.

(e)  [L 2006, c 40 amendment retroactive toJuly 1, 2004.  L 2006, c 40, §6.]  The system shall provide informationexplaining the effects of any election made under subsection (a) or (c). [L1984, c 108, pt of §8; am L 1989, c 100, §4; am L 1994, c 276, §10; am L 2000,c 265, §2; am L 2004, c 179, §24; am L 2006, c 40, §2 and c 169, §27]

 

Note

 

  Section 88-46.5 referred to in subsection (d) is repealed.

 

Attorney General Opinions

 

  Deadline for election cannot be extended.  Att. Gen. Op.84-11.

  Return to service of contributory plan retirant;participation in noncontributory plan.  Att. Gen. Op. 85-21.