D.  Eligibility; Benefits

 

§88-281  Service retirement.  (a)  Amember who has ten years of credited service and has attained age sixty-two, ora member with thirty years credited service who has attained the age offifty-five, shall become eligible to receive a retirement allowance after themember has terminated service.

(b)  If a member has at least twenty-five yearsof credited service as a sewer worker or as a water safety officer of which thelast five or more years prior to retirement is credited in such a capacity,then the sewer worker or water safety officer shall be eligible to receive aretirement benefit unreduced for age after the member has terminated service.

(c)  A member who has twenty years of creditedservice and has attained age fifty-five shall be eligible to receive an earlyretirement allowance reduced for age after the member has terminated service.

(d)  A member who has ten years of creditedservice and terminates service prior to attaining age sixty-two shall have avested right and shall be eligible to receive a retirement allowance when themember has attained age sixty-five.

(e)  If a member has at least thirty years ofcredited service through June 30, 2003; twenty-nine years of credited serviceon or after July 1, 2004; twenty-eight years of credited service on or afterJuly 1, 2005; twenty-seven years of credited service on or after July 1, 2006;twenty-six years of credited service on or after July 1, 2007; and twenty-fiveyears of credited service on or after July 1, 2008, as an emergency medicaltechnician, of which the last five or more years prior to retirement iscredited service in that capacity, the emergency medical technician shall beeligible to receive a retirement benefit unreduced for age after the member hasterminated service.

(f)  A member may retire upon the writtenapplication to the board, specifying the desired date of retirement, whichshall be not less than thirty days nor more than one hundred fifty dayssubsequent to the date of filing.  Retirement shall be effective on the firstday of a month, except for the month of December when retirement on the firstor last day of the month shall be allowed. [L 1984, c 108, pt of §8; am L 1988,c 242, §3; am L 1994, c 276, §11; am L 2001, c 101, §1; am L 2002, c 128, §10;am L 2003, c 199, §3; am L 2004, c 179, §26]

 

Attorney General Opinions

 

  Pursuant to this section and §88-273, former employee was amember of ERS until effective date of former employee's retirement.  Att. Gen.Op. 97-12.