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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 146.  AN ACT RELATING TO RECAPTURE OF HEALTH INSURANCE BENEFITS BY GROUP F MEMBERS OF THE VERMONT STATE RETIREMENT SYSTEM.

(H.402)

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

Sec. 1.  3 V.S.A. § 459(d) is amended to read:

(d)  Early retirement allowance.

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(4)  Notwithstanding subdivisions (d)(1) and (2) of this subsection, an elected county sheriff, an employee of the department of fish and wildlife assigned to law enforcement duties, an employee of the military department assigned to airport firefighting duties or a group C member shall upon early retirement receive an early retirement allowance which shall be equal to his or her normal retirement allowance computed under subsection (b) of this section.

Sec. 2.  3 V.S.A. § 500 is amended to read:

§ 500.  DEFINED CONTRIBUTION RETIREMENT PLAN

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(f)  An employee who has elected to participate in the defined contribution plan and, after having accrued a minimum of five years of service, becomes disabled as determined by the social security administration or by a state purchased disability insurance policy while currently employed by the state, shall be entitled to continue the same health and dental benefits that are available to members of the Vermont state retirement system who qualify for disability retirement benefits.

(g)  Upon retirement, employees who elect to participate in the defined contribution retirement plan shall be entitled to the same life, dental, and health insurance benefits available to members of the Vermont state retirement system.

(g)(h)  The state treasurer shall certify to the governor or governor-elect a statement of the percentage of the payroll of all participating employees sufficient to fund all operating expenses of the defined contribution retirement plan and all contributions of the state which will become due and payable during the next biennium.  Contributions by the state shall be charged to the departmental appropriation from which the employees' salaries are paid and shall be included in each departmental budgetary request.

(h)(i)  The plan shall be administered by the state treasurer who shall adopt rules necessary to implement and administer the provisions of this chapter.

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

(B)  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.  Also included under 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, full-time members of the capitol police force, 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), who are first included in membership of the system on or after July 1, 2000.  Also included under this subdivision are full‑time firefighters employed by the state of Vermont.


Sec. 4.  GROUP C PARTICIPATION; CAPITOL POLICE; TRANSFER;  EFFECTIVE DATE

Members of the capitol police force who participate in a state retirement plan other than the group C plan shall have the option to transfer to the group C plan.  Election to join the group C plan shall be made by June 30, 2009 to be effective on July 1, 2009 and shall be irrevocable.  All past service accrued through the date of transfer shall be calculated based upon the plan in which the service accrued with all appropriate provisions and penalties applied.

Approved:  May 16, 2008



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us