C.  Membership, Credited Service



 



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



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



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



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



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



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



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



(e)  [L 2006, c 40 amendment retroactive to
July 1, 2004.  L 2006, c 40, §6.]  The system shall provide information
explaining the effects of any election made under subsection (a) or (c). [L
1984, 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.