Vermont § 5068 - Election

§ 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.)