C.  Membership, Credited Service



 



§88-321  Election and membership.  (a)  [L
2006, c 169, §32 amendment retroactive to January 1, 2006.  L 2006, c
169, §43.] Any member, except for a member described in subsection (c), who
is in service on June 30, 2006, may elect to become a class H member effective
July 1, 2006, by filing an election form with the system in accordance with
this section.  The election shall be made prior to April 1, 2006, by members in
service on February 28, 2006; provided that any member in service on February
28, 2006, who is absent from the State on that date while in the military
service of the United States, shall have thirty days after the member returns
to the member's regular employment with the State or a county to make the election. 
The election shall be made by members entering or returning to service from
March 1, 2006, through June 30, 2006, within sixty days of entering or
returning to service.  The election shall be irrevocable.



(b)  Notwithstanding any other law to the contrary:



(1)  A class C member who returns to service after
June 30, 2006, and who does not return to service as a class A or a class B
member shall become a class H member upon return to service; provided that, if
the member is a former class A or class B member who received a refund of
contributions picked up and paid by the member's employer pursuant to section
88-46(b), the member may not become a class H member and shall return to
service as a class C member, unless the refund was made pursuant to section
88-96 or 88-271(b);



(2)  A class A or a class B member, who returns to
service after June 30, 2006, but does not have vested benefit status as
provided in section 88-96(b) and who does not return to service as a class A or
class B member, shall become a class H member upon return to service and the
member's credited service as a class A or B member shall be converted to class
C credited service.  The system shall return to the member the member's
accumulated contributions if the member's accumulated contributions are $1,000
or less at the time of distribution.  If the member's accumulated contributions
for the class A or B credited service that was converted to class C credited
service are greater than $1,000 and the member does not make written application,
contemporaneously with the member's return to service, for return of such
contributions, the member, except as provided by section 88-341, may not
withdraw the member's accumulated contributions for the class A or B credited
service that was converted to class C credited service until the member retires
or attains age sixty-two;



(3)  A class A member who returns to service after
June 30, 2008, with vested benefit status and who does not return to service as
a class B member shall return to service as a class A member; and



(4)  A class B member who returns to service after
June 30, 2008, with vested benefit status and who does not return to service as
a class B member shall return to service as a class A member.



(c)  [L 2006, c 40 amendment retroactive to July
1, 2004.  L 2006, c 40, §6.]  The following members may not elect to become
a class H member under subsection (a):



(1)  Judges, elected officials, and legislative
officers;



(2)  Investigators of the department of the attorney
general, narcotics enforcement investigators, water safety officers not making
the election under section 88-271, prosecuting attorney investigators not
making the election under section 88-271, corrections officers not making the
election under section 88-271, and public safety investigations staff
investigators;



(3)  Police officers and firefighters;



(4)  All employees who were members on July 1, 1957,
who elected not to be covered by the Social Security Act;



(5)  Former class A, B, or C retirants; and



(6)  Any former class A or class B member who received
a refund of contributions picked up and paid by the member's employer pursuant
to section 88-46(b), unless the refund was made pursuant to section 88-96 or
88-271(b), including any class C member whose contributions were refunded to
the member pursuant to section 88-46.5 in the form in which it existed at any
time prior to July 1, 2006. [L 2004, c 179, pt of §1; am L 2005, c 58, §23; am
L 2006, c 40, §3 and c 169, §§32, 33; am L 2008, c 41, §8]



 



Note



 



  Section 88-46.5 referred to in subsection (c)(6) is repealed.