New Hampshire Revised Statutes 100-A:20 – General Conditions for Participation
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I. The governing board of any county, city, town, school district, school administrative unit or other political subdivision of the state may, by resolution legally adopted, in form approved by the board of trustees, elect to have its officers and employees become eligible to participate in the retirement system. After such election, such body shall be known as an employer for purposes of this chapter. The board of trustees shall set the date when the participation of the officers and employees of any employer shall become effective, and then such officers and employees may become members and participate herein, as provided in this subdivision. Notwithstanding anything to the contrary, employees of any employer who are members of one or more of the predecessor systems and who have not elected, pursuant to N.H. Rev. Stat. § 100-A:3, to become members shall not be entitled to become members; and employees who are members of any local retirement system other than a local retirement system for teachers shall be entitled to become members only as provided in N.H. Rev. Stat. § 100-A:21. “Local retirement system” for purposes of this subdivision shall mean any retirement system or other arrangement for the payment of retirement benefits in existence at the time of passage of this chapter, which is supported wholly or in part by public funds, exclusive of the predecessor systems as defined in N.H. Rev. Stat. § 100-A:1.
I-a. The governing body of any school district that has elected pursuant to paragraph I to have its employees participate in the retirement system may also elect to have employees participate in the New Hampshire retirement system who are employed in paraprofessional or support positions requiring direct involvement with students, such as the positions of classroom, academic, teacher, special education, library, or health aide/assistant, and who meet the minimum participation standards for full-time teachers as provided in rules adopted by the board of trustees.
II. Any governing board, as aforesaid, or authority which pursuant to either N.H. Rev. Stat. § 100:29 or 100:30 of the employees’ retirement system of the state of New Hampshire elected to have its officers and employees become eligible to participate in that system and became an employer, as therein defined, shall, by virtue of said election become an employer as herein defined. Any members of that system, in the employ of such political subdivision or authority who, pursuant to the terms of N.H. Rev. Stat. § 100-A:3, elect to become members of this system as of January 1, 1968 or July 1, 1968, shall have the shares credited to their account in the employee annuity savings fund and the state annuity accumulation fund of said employees’ retirement system transferred to the member annuity savings fund and the state annuity accumulation fund of the retirement system, respectively, in accordance with the provisions of N.H. Rev. Stat. § 100-A:16. Thereafter, all contributions on behalf of such members shall be made by such employer and member to the retirement system.
III. Any county that has elected under the provisions of paragraph I of this section to have its officers and employees become eligible to participate in the retirement system may further elect, by affirmative vote of the county convention upon recommendation of the county commissioners and the executive committee, to transfer from group I to group II of the retirement system such permanent correctional line personnel of the county correctional facilities who are defined as permanent policemen under N.H. Rev. Stat. § 100-A:1, VII(c). The election by the county convention of any one county to transfer such correctional line personnel from group I to group II shall not affect the retirement system classification of such correctional line personnel in any other county. Members so transferred following an affirmative vote of the county convention shall thereafter be group II members of the retirement system and shall make contributions as provided in N.H. Rev. Stat. § 100-A:16, I. The employer normal contribution and the proportions of the employer normal contribution to be paid by the county as employer and by the state on account of members so transferred shall be as provided in N.H. Rev. Stat. § 100-A:16, II(b). Upon retirement, death, or termination of service, a member so transferred under this section shall be entitled to split benefits as provided in N.H. Rev. Stat. § 100-A:19-a through 19-h.
I-a. The governing body of any school district that has elected pursuant to paragraph I to have its employees participate in the retirement system may also elect to have employees participate in the New Hampshire retirement system who are employed in paraprofessional or support positions requiring direct involvement with students, such as the positions of classroom, academic, teacher, special education, library, or health aide/assistant, and who meet the minimum participation standards for full-time teachers as provided in rules adopted by the board of trustees.
Terms Used In New Hampshire Revised Statutes 100-A:20
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- board: shall mean the board provided for in N. See New Hampshire Revised Statutes 100-A:1
- Board of trustees: or "board" shall mean the board provided for in N. See New Hampshire Revised Statutes 100-A:1
- Employee: shall mean any regular classified, nonclassified, or unclassified officer or employee of the state or any department, commission, institution or agency of the state government by which an employee is paid through the office of the state treasurer, or employees of the general court who work on a full-time basis and are eligible for other state benefits, but whose salary is calculated on a per diem basis, or any employee of the retirement system, or any full-time employee of the community college system of New Hampshire who is an active retirement system member or who elects membership in the retirement system, or of any of the groups authorized to participate under this chapter but excluding any person who is a teacher, permanent policeman, or permanent fireman as defined in this section, or who is a member or attache of the general court or member of the executive council. See New Hampshire Revised Statutes 100-A:1
- Employer: shall mean (a) the state or any department, commission, institution, or agency of the state government by which an employee is paid through the office of the state treasurer with respect to their employees, (b) the state, the local school district, or other employers of teachers eligible for membership in the system with respect to the teachers in their employ, (c) any police department or police force of the state, or of any county, city, town, village, or precinct in the state with respect to the permanent policemen in their employ, (d) any fire department of the state, or of any county, city, town, village, or precinct in the state with respect to the permanent firemen in their employ, (e) any political subdivision that has elected to participate under N. See New Hampshire Revised Statutes 100-A:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- Member: shall mean any person included in the membership of the retirement system, as provided in N. See New Hampshire Revised Statutes 100-A:1
- Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions hereof. See New Hampshire Revised Statutes 100-A:1
- Retirement system: shall mean the New Hampshire Retirement System as defined in N. See New Hampshire Revised Statutes 100-A:1
- Service: shall mean service as an employee, a teacher, a permanent policeman or a permanent fireman which is paid for by an employer. See New Hampshire Revised Statutes 100-A:1
- State: shall mean the state of New Hampshire. See New Hampshire Revised Statutes 100-A:1
- State annuity: shall mean annual payments for life derived from contributions by an employer. See New Hampshire Revised Statutes 100-A:1
- Teacher: shall mean any regular or special teacher, principal, supervisor or administrator, librarian or other member of the teaching or professional staff engaged in the service of the public elementary and secondary schools located within the state and supported by and under the control of the state, the local school district, or other employers of teachers eligible for membership in the system. See New Hampshire Revised Statutes 100-A:1
II. Any governing board, as aforesaid, or authority which pursuant to either N.H. Rev. Stat. § 100:29 or 100:30 of the employees’ retirement system of the state of New Hampshire elected to have its officers and employees become eligible to participate in that system and became an employer, as therein defined, shall, by virtue of said election become an employer as herein defined. Any members of that system, in the employ of such political subdivision or authority who, pursuant to the terms of N.H. Rev. Stat. § 100-A:3, elect to become members of this system as of January 1, 1968 or July 1, 1968, shall have the shares credited to their account in the employee annuity savings fund and the state annuity accumulation fund of said employees’ retirement system transferred to the member annuity savings fund and the state annuity accumulation fund of the retirement system, respectively, in accordance with the provisions of N.H. Rev. Stat. § 100-A:16. Thereafter, all contributions on behalf of such members shall be made by such employer and member to the retirement system.
III. Any county that has elected under the provisions of paragraph I of this section to have its officers and employees become eligible to participate in the retirement system may further elect, by affirmative vote of the county convention upon recommendation of the county commissioners and the executive committee, to transfer from group I to group II of the retirement system such permanent correctional line personnel of the county correctional facilities who are defined as permanent policemen under N.H. Rev. Stat. § 100-A:1, VII(c). The election by the county convention of any one county to transfer such correctional line personnel from group I to group II shall not affect the retirement system classification of such correctional line personnel in any other county. Members so transferred following an affirmative vote of the county convention shall thereafter be group II members of the retirement system and shall make contributions as provided in N.H. Rev. Stat. § 100-A:16, I. The employer normal contribution and the proportions of the employer normal contribution to be paid by the county as employer and by the state on account of members so transferred shall be as provided in N.H. Rev. Stat. § 100-A:16, II(b). Upon retirement, death, or termination of service, a member so transferred under this section shall be entitled to split benefits as provided in N.H. Rev. Stat. § 100-A:19-a through 19-h.