The provisions of this Chapter shall apply to any person who has served as a member of the Legislature or who shall hereafter serve as such a member and any such person shall be considered

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a member of the Fund entitled to all the benefits of a member based upon the following additional provisions:

(a) Definitions and Rules of Construction. For purposes of this Chapter, the following definitions and rules of construction shall apply to members of the Legislature:

(1) Legislature means the Guam Legislature created by the Organic Act of Guam. The terms Member, Senator, and Legislator are synonyms in referring to a person gaining a seat in the Legislature as a result of a general or special election;

(2) Service as a member of the Legislature during a regular session for any one (1) calendar year shall be deemed a full year of service, regardless of the length of the session;

(3) Average annual salary for any member of the Legislature shall mean the average of the three (3) highest annual salaries received by a Legislator during his years of credited service, whether or not with the Legislature;

(4) The Retirement Fund shall allow any former or incumbent Legislator who desires not to receive the benefits as vested under 4 Guam Code Ann. § 8170(a) prior to the effective date of this Act, to permanently and irrevocably divest himself or herself thereof. Any election to divest must be in writing and may be effective retroactive to dates appropriate to the Legislator. Nothing herein shall have the effect of divesting a former or incumbent Senator of any rights without his or her consent.

(b) Creditable Service: Membership Credit: Subsequent Credit. Any person claiming creditable service as a member of the Legislature under the provisions of this Section shall be entitled to receive credit for years of service in the Legislature as follows:

(1) Service credit for all services rendered as a member of the Legislature, provided that such person

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shall have made a contribution to the Fund in accordance with Subparagraphs (c)(1), (c)(2) or (c)(3) of this Section.

(c) Contributions for Service. Any person claiming credit for service as a member of the Legislature shall make contributions to the Fund in accordance with the following:

(1) To receive credit for services rendered as a member of the Legislature during the period from 1951 to 1966, such persons or their surviving spouses shall pay before January 1, 1980 as contribution to the Fund an amount equal to One Hundred Fifty Dollars ($150) for each years of service as a member of the Legislature during that period;

(2) To receive credit for services rendered as a member of the Legislature during the period from 1966 to 1973, such persons or their surviving spouses shall pay before January 1, 1980 as contribution to the Fund an amount equal to six percent (6%) of the member’s annual salary for each year of service as a member of the Legislature during that period;

(3) To receive credit for service rendered as a member of the Legislature after January 8, 1973, such person shall pay as his contribution to the Fund an amount equal to six and one-half percent (62%) of his annual salary to be deducted from the bi-weekly salary payments to him for each year of service as a member of the Legislature after January 8, 1973; and

(d) Contributions for Subsequent Credit. Any person claiming service credit for any year or years following his service as a member of the Legislature, or the survivor of a deceased member shall make contributions to the Fund in accordance with the following:

(1) For each year of such subsequent service credit claimed during the period from 1951 to 1966 such person shall pay before January 1, 1979, as his contribution to the Fund an amount equal to One Hundred Fifty Dollars ($150).

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(2) For each year of such subsequent service credit claimed during the period from 1966 to 1973, such person shall pay before January 1, 1979, as his contribution to the Fund an amount equal to Three Hundred Sixty Dollars ($360).

(3) For each year of such subsequent service credit claimed after January 8, 1973, such person shall pay quarterly as his contribution to the Fund an amount equal to six and one-half percent (6.5%) of the annual salary received by him during his last year of service as a member of the Legislature.

(e) Application and Notice.

(1) The provisions of this Section shall be mandatory for any person who shall be a member of the Legislature on January 8, 1973 or who thereafter becomes such a member and the Board shall give notice of the application of this Section any such person within one (1) month of the date on which he takes an oath of office as a member of the Legislature.

(2) The Board shall give notice of the provisions of this Section to any person who has served as a member of the Legislature during the period of 1951 to
1973.

SOURCE: GC § 4233, as Repealed and reenacted by P.L. 11-195 (Dec.
12, 1972); Subsection (f) of this Section was repealed by P.L. 12-224 (Feb.
1, 1975). Subsection (a)(3) amended by P.L. 14-114 (Apr. 6, 1978). Subsection (d) repealed and reenacted by P.L. 14-127 (June 8, 1978).
Subsection (b)(2) was repealed by P.L. 14-133 (July 2, 1978). Subsections
(c)(1) and (c)(2) amended by P.L. 15-048 (July 2, 1979). Subsection (a)
amended by P.L. 23-033:1 (June 28, 1995).