§ 5068. Election

(a) Subject to the provisions of subsections (b) and (c) of this section, all employees shall be members of Group A, unless an election to become a member of Group B, C, or D is made pursuant to this section or, in the case of Group B or C, unless a collective bargaining agreement negotiated pursuant to 21 V.S.A. chapter 22 so specifies.

(b) On or before September 30 of any year, the legislative body of a municipality may designate groups of employees eligible to become members of Group B or C. Such designation may apply to all eligible employees or to one or more of the following groups of employees:

(1) sworn police officers appointed under chapter 55 of this title or a comparable provision of a municipal charter;

(2) firefighters and officers of fire departments appointed under chapter 57 of this title or a comparable provision of a municipal charter;

(3) other groups of employees that have a similarity of interests, needs, and general conditions of employment, as determined by the legislative body.

(c) On or before September 30 of any year, the legislative body of a municipality may designate groups of employees eligible to become members of Group D. The designation may apply to one or more of the following groups of employees:

(1) sworn police officers appointed under chapter 55 of this title or a comparable provision of a municipal charter;

(2) firefighters and officers of fire departments appointed under chapter 57 of this title or a comparable provision of a municipal charter;

(3) emergency medical personnel as defined in 24 V.S.A. § 2651.

(d) On or before any December 31 following a designation under subsection (b) or (c) of this section, individual employees so choosing shall become members of Group B, C, or D effective the July 1 immediately following, and all employees subsequently hired into that designated group shall become members of the group designated. However, for employees making such an election on or after December 31, 1993, unless such an election shall be made on the December 31 immediately following the designation made pursuant to subsection (b) or (c) of this section, a member must complete three years of creditable service as a member of the group designated in subsection (b) or (c) of this section to be eligible to retire as a member of that group.

(e) The designation by the legislative body or the municipality, as appropriate, an election to become members of Group B, C, or D, or entry into Group B or C pursuant to a collective bargaining agreement, shall be irrevocable and shall apply so long as the employee remains in the designated employee group, except that a designation and election to Group B may be superseded by similar actions allowing participation in Group C and that a designation and election to Group B or C may be superseded by similar actions allowing participation in Group D.

(f) Upon written request from the legislative body, the Board may waive the requirements that the actions required in subsections (b), (c), and (d) of this section be completed by the dates specified, if it determines that all membership enrollment requirements can be completed in time for membership to be effective on July 1.

(g) Any employer who is a member of Group C as of June 30, 1995 may revoke Group C membership during the period that begins on July 1, 1995 and ends on March 31, 1996. Any employee who is a member of Group C as of June 30, 1995 may revoke Group C membership during the period that begins on July 1, 1995 and ends on June 30, 1996. If no election is made during these periods, Group C will be the designated group. An election under this subsection is irrevocable.

(1) Any employee may retain Group C membership regardless of the employer's election.

(2) An employee or employer who revokes Group C membership shall return to the group of membership just prior to becoming a Group C member, provided that an employee or employer who was a member of Group A prior to becoming a Group C member may elect to return to Group A or become a member of Group B, if offered by the employer. In the absence of a prior group, any group offered by the employer shall be the designated group.

(3) Any employee who elects to revoke Group C membership under this subsection shall be entitled to a refund. The refund shall be an amount equal to the contributions made as a Group C member under subsection (b) of section 5064 of this title in excess of the contribution the member would have made had he or she not transferred to Group C, plus the accumulated interest.

(4) The procedure for election under this subsection shall be established by the Board. The Board shall establish the date of election, and provide all members with at least 30-days' advance notice of the election together with a general written explanation of the election and its consequences, including an individual comparison of projected benefits at no cost to the member. (Added 1987, No. 39, § 10; amended 1991, No. 233 (Adj. Sess.), § 8, eff. May 28, 1992; 1995, No. 25, § 4; 1999, No. 61, § 6; 2005, No. 197 (Adj. Sess.), § 9; 2019, No. 25, § 3, eff. May 16, 2019.)