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Terms Used In Vermont Statutes Title 24 Sec. 5053a

  • Employee: means the following persons employed on a regular basis by a school district or by a supervisory union for no fewer than 1,040 hours in a year and for no fewer than 30 hours a week for the school year, as defined in 16 V. See
  • Employer: means a municipality, a library at least one-half of whose operating expenses are paid from municipal funds, or a supervisory union. See
  • Member: means any employee included in the membership of the Retirement System under section 5053 of this title. See
  • System: means the Municipal Employees' Retirement System of Vermont, as defined in section 5052 of this title. See

§ 5053a. Employees of a supervisory union

(a) For purposes of this section, the term “transferred employee” means an employee under this chapter who transitioned from employment solely by a school district to employment, wholly or in part, by a supervisory union pursuant to 16 V.S.A. § 261a(a)(6) or (8)(E) as amended on June 3, 2010.

(b) A transferred employee from a participating school district shall remain an employee of the school district solely for the purpose of employer participation and employee membership in the System regardless of whether the supervisory union is a participant in the System on the date of transition. The membership and benefits of the transferred employee shall not be impaired or reduced by either negotiations with the supervisory union or school district under 21 Vt. Stat. Ann. chapter 22 or otherwise.

(c) If a supervisory union is a participant in the System on the date of transition, then:

(1) a transferred employee from a nonparticipating district shall not become a member of the System unless, through negotiations with the supervisory union under 21 Vt. Stat. Ann. chapter 22, the supervisory union becomes a participant in the System on the employee’s behalf;

(2) an existing employee of the supervisory union on the date of transition shall be a member to the extent the supervisory union is or becomes a participant in the System on the employee’s behalf; and

(3) a new employee of the supervisory union after the date of transition shall be a member to the extent the supervisory union is or becomes a participant in the System on the employee’s behalf.

(d) If a supervisory union is not a participant in the System on the date of transition, then:

(1) a transferred employee from a nonparticipating district shall not be a member of the System unless, through negotiations with the supervisory union under 21 Vt. Stat. Ann. chapter 22, the supervisory union becomes a participant in the System on the employee’s behalf;

(2) an existing employee of the supervisory union on the date of transition shall not be a member of the System unless, through negotiations with the supervisory union under 21 Vt. Stat. Ann. chapter 22, the supervisory union becomes a participant in the System on the employee’s behalf; and

(3) a new employee of the supervisory union after the date of transition shall not be a member of the System unless, through negotiations with the supervisory union under 21 Vt. Stat. Ann. chapter 22, the supervisory union becomes a participant in the System on the employee’s behalf. (Added 2011, No. 156 (Adj. Sess.), § 25, eff. May 16, 2012.)