C.  Membership, Credited Service

 

§88-321  Election and membership.  (a)  [L2006, c 169, §32 amendment retroactive to January 1, 2006.  L 2006, c169, §43.] Any member, except for a member described in subsection (c), whois in service on June 30, 2006, may elect to become a class H member effectiveJuly 1, 2006, by filing an election form with the system in accordance withthis section.  The election shall be made prior to April 1, 2006, by members inservice on February 28, 2006; provided that any member in service on February28, 2006, who is absent from the State on that date while in the militaryservice of the United States, shall have thirty days after the member returnsto 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 fromMarch 1, 2006, through June 30, 2006, within sixty days of entering orreturning to service.  The election shall be irrevocable.

(b)  Notwithstanding any other law to the contrary:

(1)  A class C member who returns to service afterJune 30, 2006, and who does not return to service as a class A or a class Bmember shall become a class H member upon return to service; provided that, ifthe member is a former class A or class B member who received a refund ofcontributions picked up and paid by the member's employer pursuant to section88-46(b), the member may not become a class H member and shall return toservice as a class C member, unless the refund was made pursuant to section88-96 or 88-271(b);

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

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

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

(c)  [L 2006, c 40 amendment retroactive to July1, 2004.  L 2006, c 40, §6.]  The following members may not elect to becomea class H member under subsection (a):

(1)  Judges, elected officials, and legislativeofficers;

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

(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 receiveda refund of contributions picked up and paid by the member's employer pursuantto section 88-46(b), unless the refund was made pursuant to section 88-96 or88-271(b), including any class C member whose contributions were refunded tothe member pursuant to section 88-46.5 in the form in which it existed at anytime prior to July 1, 2006. [L 2004, c 179, pt of §1; am L 2005, c 58, §23; amL 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.