D.  Eligibility; Benefits



 



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



(b)  If a member has at least twenty-five years
of credited service as a sewer worker or as a water safety officer of which the
last 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 a
retirement benefit unreduced for age after the member has terminated service.



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



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



(e)  If a member has at least thirty years of
credited service through June 30, 2003; twenty-nine years of credited service
on or after July 1, 2004; twenty-eight years of credited service on or after
July 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-five
years of credited service on or after July 1, 2008, as an emergency medical
technician, of which the last five or more years prior to retirement is
credited service in that capacity, the emergency medical technician shall be
eligible to receive a retirement benefit unreduced for age after the member has
terminated service.



(f)  A member may retire upon the written
application to the board, specifying the desired date of retirement, which
shall be not less than thirty days nor more than one hundred fifty days
subsequent to the date of filing.  Retirement shall be effective on the first
day of a month, except for the month of December when retirement on the first
or 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 a
member of ERS until effective date of former employee's retirement.  Att. Gen.
Op. 97-12.