Participation by Certain Employees of Political Subdivisions

Section 100-A:20

    100-A:20 General Conditions for Participation. –
I. The governing board of any county, city, town, school district, school administrative unit or other political subdivision of the state may, by resolution legally adopted, in form approved by the board of trustees, elect to have its officers and employees become eligible to participate in the retirement system. After such election, such body shall be known as an employer for purposes of this chapter. The board of trustees shall set the date when the participation of the officers and employees of any employer shall become effective, and then such officers and employees may become members and participate herein, as provided in this subdivision. Notwithstanding anything to the contrary, employees of any employer who are members of one or more of the predecessor systems and who have not elected, pursuant to RSA 100-A:3, to become members shall not be entitled to become members; and employees who are members of any local retirement system other than a local retirement system for teachers shall be entitled to become members only as provided in RSA 100-A:21. "Local retirement system" for purposes of this subdivision shall mean any retirement system or other arrangement for the payment of retirement benefits in existence at the time of passage of this chapter, which is supported wholly or in part by public funds, exclusive of the predecessor systems as defined in RSA 100-A:1.
I-a. The governing body of any school district that has elected pursuant to paragraph I to have its employees participate in the retirement system may also elect to have employees participate in the New Hampshire retirement system who are employed in paraprofessional or support positions requiring direct involvement with students, such as the positions of classroom, academic, teacher, special education, library, or health aide/assistant, and who meet the minimum participation standards for full-time teachers as provided in rules adopted by the board of trustees.
II. Any governing board, as aforesaid, or authority which pursuant to either RSA 100:29 or 100:30 of the employees' retirement system of the state of New Hampshire elected to have its officers and employees become eligible to participate in that system and became an employer, as therein defined, shall, by virtue of said election become an employer as herein defined. Any members of that system, in the employ of such political subdivision or authority who, pursuant to the terms of RSA 100-A:3, elect to become members of this system as of January 1, 1968 or July 1, 1968, shall have the shares credited to their account in the employee annuity savings fund and the state annuity accumulation fund of said employees' retirement system transferred to the member annuity savings fund and the state annuity accumulation fund of the retirement system, respectively, in accordance with the provisions of RSA 100-A:16. Thereafter, all contributions on behalf of such members shall be made by such employer and member to the retirement system.
III. Any county that has elected under the provisions of paragraph I of this section to have its officers and employees become eligible to participate in the retirement system may further elect, by affirmative vote of the county convention upon recommendation of the county commissioners and the executive committee, to transfer from group I to group II of the retirement system such permanent correctional line personnel of the county correctional facilities who are defined as permanent policemen under RSA 100-A:1, VII(c). The election by the county convention of any one county to transfer such correctional line personnel from group I to group II shall not affect the retirement system classification of such correctional line personnel in any other county. Members so transferred following an affirmative vote of the county convention shall thereafter be group II members of the retirement system and shall make contributions as provided in RSA 100-A:16, I. The employer normal contribution and the proportions of the employer normal contribution to be paid by the county as employer and by the state on account of members so transferred shall be as provided in RSA 100-A:16, II(b). Upon retirement, death, or termination of service, a member so transferred under this section shall be entitled to split benefits as provided in RSA 100-A:19-a through 19-h.

Source. 1967, 134:1. 1979, 458:3. 1987, 335:6. 1988, 161:7. 2002, 80:1, eff. July 1, 2002.