(a) (1) A retired member who subsequently becomes an employee eligible for membership under § 8106 of this Title prior to January 1, 1999, shall, upon becoming so employed, have that member’s right to receive payment of that member’s annuity suspended for the duration of that member’s employment, but all other rights pertaining to that member’s annuity provided by this Article, including automatic increases therein, shall be retained by that member. The provisions of this Section shall not be applicable to any retired Judge or Justice designated and assigned by the Chief Justice to perform judicial duties in the courts of Guam as provided for in § 6115 of Title 7 Guam Code Ann., or any person employed by the Department of Education in Guam schools, as a substitute teacher, facilities and maintenance personnel, such as maintenance, construction, plumbing, electrical, mechanical, or related trades and vocations, inclusive of trades helpers and assistants, or as a Certified Augmentation Teaching Service (CATS) employee as that term is defined by Title 17 Guam Code Ann. § 3127(b). Such employment shall be subject to the provisions of Subsection (d) of this Section. Notwithstanding the provisions of 4 Guam Code Ann.,

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the Guam Education Board shall determine, by board policy, the terms and conditions for the re-employment of government of Guam retirees to include whether the employee is paid over nine (9) or twelve (12) months or on a part-time basis, and must comply with all equal employment opportunity laws and the United States and Guam labor laws.

(2) The provisions of this Section shall not be applicable to any certified, registered or licensed health care professional, or ancillary service personnel, employed by the Guam Memorial Hospital Authority, the Guam Behavioral Health and Wellness Center, the Department of Public Health and Social Services, and the Judiciary of Guam; academic faculty positions at the University of Guam and the Guam Community College; a limited term police officer employed by the Guam Police Department, to include Police Officers I, II, III and Sergeant I & II, performing duties such as patrol officers, narcotic officers, criminal investigators and school resource officers; or limited term school bus drivers or automotive mechanics employed by the Department of Public Works; provided, that such person(s) occupies such positions for which no other qualified/certified applicants was available, and that such employment shall be on a fiscal year basis; subject to the provisions of Subsection (d) of this Section.

(3) The provisions of this Section shall not be applicable to employee(s) of the Office of the Governor, employee(s) of the Office of the Lieutenant Governor, unclassified employee(s) appointed by the Governor of Guam, and heads of autonomous agencies appointed by a governing board. An employee of the Governor or Lieutenant Governor’s office or unclassified employee appointed by the Governor of Guam and heads of autonomous agencies appointed by a governing board who has previously retired shall become a member of the Defined Contribution Retirement System.

(b) A retired member who subsequently becomes an employee eligible for membership under § 8106 of this Title on or after January 1, 1999 shall, upon becoming so employed, have that

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member’s right to receive payment of that member’s annuity suspended for the duration of that member’s employment, and shall be ineligible for readmission to the Defined Benefit Plan, but all other rights pertaining to that member’s annuity provided by this Article, including automatic increases therein, shall be retained by that member; except, that the retired member shall forfeit any enhanced benefits for which that member was eligible pursuant to the early retirement provisions of § 8121.1.

This Subsection shall not be construed to render a member ineligible for participation in the Defined Contribution Retirement System or the Deferred Compensation Program under Articles 2 and 3 of this Chapter, upon a retired member’s subsequent employment with the government of Guam.

(c) No employee voluntarily purchasing early retirement credit shall be rehired by the government of Guam in any position, whether contractual or otherwise, for at least three (3) years from the effective date of retirement, except for those exemptions listed under Item (a). The Retirement Fund shall make all individuals who voluntarily apply for early retirement credit aware that their purchase of such credit shall be construed as a voluntary waiver of their right to re-employment or reinstatement for a period of at least three (3) years.

(d) Any persons hired pursuant to the provisions of Item (a) of this Section who are subsequently rehired for consecutive school years shall be exempt from the requirements expected only of new employees, including, but not limited to, physical examinations with the exception of proof of certification, as a condition of such rehire.

(e) Any employee hired pursuant to § 8121(a), Chapter 8, Title 5 Guam Code Ann. shall only be eligible to enroll in the Government of Guam Health Insurance Program as an active employee.

(f) Any person who is elected to the Office of the Attorney General of Guam or the Office of Public Accountability, and who is retired from the government of Guam and receiving benefits, shall not relinquish, forfeit, or have such annuity suspended during the period of serving in such elected office.

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SOURCE: GC § 4210.2; originally enacted as § 4210.1 by P.L. 12-224 (Feb. 1, 1975); amended by P.L. 15-107 (Mar. 5, 1980); renumbered to § 4210.2 by P.L. 16-009 (May 4, 1981); further amended by P.L. 17-
025:III:6 (Oct. 6, 1983); amended by P.L. 21-048:9 (Sept. 19, 1991). Amended by P.L. 24-327:6 (Dec. 30, 1998). Amended by P.L. 25:002:6
(Feb. 17, 1999). Amended by P.L. 25-003:6 (Mar. 25, 1999). Amended by P.L. 26-019:2 (May 31, 2001). Subsection (a) amended by P.L. 27-031:40 (Oct. 31, 2003); P.L. 28-183:3 (Jan. 29, 2007), P.L. 29-113:VI:43 (Sept.
30, 2008), P.L. 30-233:2 (Dec. 30, 2010), P.L. 31-001:2 (Feb. 22, 2011),
effective retroactively to January 3, 2011, pursuant to P.L. 31-001:3; P.L.
31-233:XII:23 (Sept. 7, 2012), P.L 32-128:3 (Feb. 10, 2014), P.L. 33-
036:2 (June 10, 2015). Subsection (e) added as uncodified law by P.L. 32-
068:XII:7 (Sept. 11, 2013), and codified by the Compiler to this subsection. Subsection (f) added by P.L. 32-227:8 (Dec. 30, 2014) as
subsection (e), renumbered by the Compiler because a subsection (e)
exists. Subsection (a)(1) amended by P.L. 37-034:2 (Aug. 5, 2023).

2015 NOTE: Subsection designations added to section (a) by the
Compiler pursuant to 1 Guam Code Ann. § 1606.

NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which renamed the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, and all references to DMHSA were altered to the Guam Behavioral Health and Wellness Center.

P.L. 28-045:10 (June 6, 2005) changed the name of the Department of
Education to the Guam Public School System. The passage of P.L. 30-
050:2 (July 14, 2009) reverted the name to the Department of Education.

CROSS REFERENCE: 4 Guam Code Ann. § 8206; 17 Guam Code Ann. § 3127.