§88-271 Election. (a) Any class A or class B member who:

(1) Is in service on June 30, 1984, or who returns to service after June 30, 1984, but before July 1, 2006, and has vested benefit status as provided in section 88-96(b); and

(2) Is in a position covered by Title II of the Social Security Act,

may elect to become a class C member effective January 1, 1985; or upon return to service, by filing an election form with the board. The election shall be made prior to December 1, 1984, or within thirty days of return to service and shall be irrevocable. A class A or class B member who makes an election shall be refunded all accumulated contributions and shall not be required to make further contributions upon becoming a class C member. The refund shall be made by March 31, 1985, or within ninety days after return to service. Upon the effective date of the election, all rights as a class A or class B member shall be extinguished.

(b) After June 30, 1984, a class A or class B member, who returns to service but does not have vested benefit status as provided in section 88-96(b), shall become a class C member upon return to service and shall be refunded all accumulated contributions.

(c) Any water safety officer who is in service on July 1, 1994, may elect to become a class C member by filing an election form with the board. The election shall be made prior to September 1, 1994, and shall be irrevocable. The accumulated contributions of a water safety officer who makes this election shall be returned to the water safety officer through payroll adjustments or another procedure as determined by the board. Upon the effective date of the election, all rights as a class A member shall be extinguished. All persons first employed as a water safety officer after July 1, 1994, shall be class C members.

(d) The election by any class A or class B member to become a class C member pursuant to section 88-46.5 in the form in which it existed at any time prior to July 1, 2006, shall be irrevocable upon refund of the member's accumulated contributions.

(e) The system shall provide information explaining the effects of any election made under subsection (a) or (c). [L 1984, c 108, pt of §8; am L 1989, c 100, §4; am L 1994, c 276, §10; am L 2000, c 265, §2; am L 2004, c 179, §24; am L 2006, c 40, §2 and c 169, §27]

Note

Section 88-46.5 referred to in subsection (d) is repealed.

Attorney General Opinions

Deadline for election cannot be extended. Att. Gen. Op. 84-11.

Return to service of contributory plan retirant; participation in noncontributory plan. Att. Gen. Op. 85-21.