SB 0023

CHAPTER 234

SB 23-FN - FINAL VERSION

AN ACT allowing veterans the right to purchase credit in the retirement system for certain service in the armed forces.

SPONSORS: Sen. Clegg, Dist 14; Sen. Barnes, Dist 17; Sen. D'Allesandro, Dist 20; Sen. Kenney, Dist 3; Sen. Boyce, Dist 4; Rep. Heon, Straf. 67; Rep. Coughlin, Hills 45; Rep. O'Neil, Rock 85; Rep. Hamel, Rock 79

This bill allows veterans who are active employees in the retirement system to purchase as additional creditable service certain time in the armed forces of the United States.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT allowing veterans the right to purchase credit in the retirement system for certain service in the armed forces.

Be it Enacted by the Senate and House of Representatives in General Court convened:

234:1 New Paragraph; Creditable Service for Military Service. Amend RSA 100-A:4 by inserting after paragraph V the following new paragraph:

VI.(a) Notwithstanding any other provision of this section, a member in active service in the retirement system who has completed 10 years of creditable service in the state, shall be entitled to receive credit, upon payment by the member of the cost of such credit and upon approval of the board, for not more than 3 years of additional creditable service for active service in the armed forces of the United States, subject to the following:

(1) The member is not receiving military retirement benefits at the time of application for such credit, other than disability allowances.

(2) The member is honorably discharged or is an officer honorably separated from the military service of the United States, or is in active status in the New Hampshire national guard or organized reserve. A member on active status in the New Hampshire national guard or organized reserve may apply such service time on a ratio of 5 years active national guard or reserve service to one year of available additional creditable service under this paragraph.

(3) The member is not at the time of application for credit receiving any retirement benefits under this chapter or under any predecessor system.

(b) Credit for active service in the armed services shall not be made until the member has paid either in lump sum or, if permitted by the board of trustees, by installment deductions from pay from an employer. The actuary's statement shall be the product of the member's annual rate of compensation at the time of buy-in, multiplied by the sum of the member and employer contribution rates in effect with respect to the member at the time of buy-in, multiplied by the number of years of prior service credit bought.

(c) Additional creditable service purchased under this paragraph shall not be used as creditable service for the purpose of determining service retirement eligibility or for the purpose of

eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30, RSA 100-A:52, RSA 100-A:52-a, or RSA 100-A:52-b.

234:2 Reference Added. Amend the introductory paragraph of RSA 100-A:4-b, I to read as follows:

I. Notwithstanding any provision of RSA 100-A to the contrary, any group I employee or teacher member of the New Hampshire retirement system, in service on or after June 30, 1990, who was formerly a member of a public employees' retirement system outside of New Hampshire, shall be allowed to purchase credit for such out-of-state service as creditable service in the New Hampshire retirement system; provided, however, that creditable service in the New Hampshire retirement system which is purchased under this paragraph shall not be deemed creditable service for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30. For such employee or teacher members, only creditable service performed in the state of New Hampshire as a member of the New Hampshire retirement system shall be counted as creditable service for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30. For the purposes of this section, "public employees' retirement system" shall include any retirement system established and maintained by the United States government, the members of which are federal government employees. For the purposes of this section, any military service not otherwise authorized pursuant to RSA 100-A:4, IV [~~and~~], V, or VI shall not be included as creditable service in a public employees' retirement system. The group I employee or teacher member shall meet the following conditions:

234:3 Reference Added. Amend the introductory paragraph of RSA 100-A:4-c, I to read as follows:

I. Notwithstanding any provision of RSA 100-A to the contrary, any group II permanent policeman or permanent fireman member of the New Hampshire retirement system, in service on or after June 30, 1990, who was formerly a member of a public employees' retirement system outside of New Hampshire, shall be allowed to purchase credit for such out-of-state service as creditable service in the New Hampshire retirement system; provided, however, that creditable service in the New Hampshire retirement system which is purchased under this paragraph shall not be deemed creditable service for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30. For such employee or teacher members, only creditable service performed in the state of New Hampshire as a member of the New Hampshire retirement system shall be counted as creditable service for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30. For the purposes of this section, "public employees' retirement system" shall include any retirement system established and maintained by the United States government, the members of which are federal government employees. For the purposes of this section, any military service not otherwise authorized pursuant to RSA 100-A:4, IV, [~~and~~] V, or VI shall not be included as creditable service in a public employees' retirement system. The group II permanent policeman or permanent fireman member shall meet the following conditions: