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H.21

Introduced by   Representative O’Donnell of Vernon

Referred to Committee on

Date:

Subject:  Executive branch; state employees; retirement; group C

Statement of purpose:  This bill proposes to allow all law enforcement and firefighter employees to participate in the group C plan of the Vermont state retirement system.

AN ACT RELATING TO PARTICIPATION IN THE GROUP C PLAN OF THE VERMONT STATE RETIREMENT SYSTEM

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  3 V.S.A. § 455(a)(9) is amended to read:

(9)  “Employee” shall mean:

(A)  any regular officer or employee of the Vermont historical society or in a department other than a person included under (B) of this subdivision, who is employed for not less than 40 calendar weeks in a year,; and

(B)(1)  any regular officer or employee of the department of public safety assigned to police and law enforcement duties, including the commissioner of public safety appointed before July 1, 2001; but, irrespective of the member’s classification, shall not include any member of the general assembly as such, any person who is covered by the Vermont teachers’ retirement system, any person engaged under retainer or special agreement or C beneficiary employed by the department of public safety for not more than 208 hours per year, or any person whose principal source of income is other than state employment.  In all cases of doubt, the retirement board shall determine whether any person is an employee as defined in this subchapter.;

(2)  Also included under (B) of this subdivision are employees of the department of liquor control who exercise law enforcement powers, employees of the department of fish and wildlife assigned to law enforcement duties, motor vehicle inspectors, full-time deputy sheriffs employed by the state of Vermont, investigators employed by the criminal division of the office of the attorney general, department of state’s attorneys, department of health, or office of the secretary of state, who have attained full-time certification from the Vermont criminal justice training council, who are required to perform law enforcement duties as the primary function of their employment, and who may be subject to mandatory retirement permissible under 29 U.S.C. section 623(j), and full-time firefighters employed by the state of Vermont, who are first included in membership of the system on or after July 1, 2000.

Sec. 2.  PARTICIPATION IN GROUP C PLAN OF THE VERMONT STATE

             RETIREMENT SYSTEM

Employees described in subdivision 455(a)(9)(B)(2) of Title 3 who were hired prior to July 1, 2000 shall have a one-time option to elect to participate in the group C plan in lieu of participation in any other plan of the Vermont state retirement system.  The election shall be made within 60 days after the effective date of this act.  Election to participate in the group C plan shall be  irrevocable.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us