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BILL AS INTRODUCED 2007-2008

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H.260

Introduced by Representatives Monti of Barre City, Brooks of Montpelier, Audette of S. Burlington, Barnard of Richmond, Bostic of St. Johnsbury, Brennan of Colchester, Corcoran of Bennington, Hunt of Essex, Klein of East Montpelier, McFaun of Barre Town, O’Donnell of Vernon, Potter of Clarendon and Valliere of Barre City

Referred to Committee on

Date:

Subject:  Executive branch; state employees; retirement; legislature; capitol police

Statement of purpose:  This bill proposes to include full-time members of the capitol police force in group C of the Vermont employees’ retirement system.

AN ACT RELATING TO INCLUSION OF FULL-TIME CAPITOL POLICE IN GROUP C OF THE VERMONT EMPLOYEES’ RETIREMENT SYSTEM

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

Sec. 1.  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. 2.  GROUP C PARTICIPATION; CAPITOL POLICE; TRANSFER;
 EFFECTIVE DATE

(a)  Members of the capitol police force who participate in a state retirement plan other than group C shall have the option to transfer to the group C plan. Election to join the group C plan shall be made by June 30, 2008 and shall be irrevocable.

(b)  The effective date of participation in the group C plan for those employees covered by this act and who elect to transfer to the group C plan shall be June 30, 2008.  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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us