(a) Amount of Basic Retirement Annuity. Notwithstanding the otherwise applicable formula under § 8122 or other successor provision, the basic retirement annuity payable to a Defined Benefit 1.75 Plan member under the Retirement Fund shall be the following:

(1) an amount equal to one and seventy-five hundredths percent (1.75%) of average annual salary for each year of credited service; however, for a Defined Benefit 1.75 Plan member who is an active employee on or after January 1,
2024, the basic retirement annuity shall be an amount equal to one and seventy-five hundredths percent (1.75%) of
average annual salary for each year of credited service, up to
twenty-five (25) years of credited service, plus two and seventy-five hundredths percent (2.75%) of average annual
salary for each additional year of credited service in excess
of twenty-five (25) years of credited service, up to fifteen
(15) years of additional credited service;

(2) no basic retirement annuity shall exceed eighty-five percent (85%) of average annual salary; and

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(3) the basic retirement annuity shall not, in any case, be less than One Thousand Two Hundred Dollars ($1,200) per year per member.

For purposes of defining “”salary”” and “”average annual salary”” under § 8104(i) and (j), respectively, with respect to the determination of the basic retirement annuity payable to a Defined Benefit 1.75 Plan member, the term “”salary”” shall mean the member’s base salary excluding all non-base compensation.

(b) Automatic Increases in Annuity for Basic Retirement Annuity. Any Defined Benefit 1.75 Plan member receiving a basic retirement annuity under the Retirement Fund shall receive each year on the anniversary date of the member’s retirement or entitlement, an automatic “”sliding scale”” increase in the member’s annual annuity as applicable under the Retirement Fund pursuant to § 8122 or other successor provision.

(c) Retirement.

(1) Notwithstanding the otherwise applicable retirement requirements under §§ 8119 through 8120.1 or other successor provisions, a Defined Benefit 1.75 Plan member may retire on a service retirement annuity under the Retirement Fund, upon written application to and approval by the Board; provided that such member shall have attained at least sixty-two (62) years of age and has completed five (5) years of service. However, at the option of the Defined Benefit 1.75 Plan member, whether active or inactive, such member may retire after

(A) attaining at least fifty-five (55) years of age and

(B) completing twenty-five (25) years of service, in which case the retirement annuity for such member shall be reduced one half (1/2) of one percent (1%) for each month such member is under the age of sixty-two (62) years at such time of retirement, from the amount of the retirement annuity determined for such member as of his attainment of age sixty-two (62).

(2) Notwithstanding the foregoing portion of this § 8503(c), and notwithstanding the otherwise applicable

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retirement requirements under §§ 8119 through 8120.1 or other successor provisions, a Defined Benefit 1.75 Plan member who is a public safety and law enforcement officer as defined in § 8501(m) of this Chapter, and who is an active employee on or after January 1, 2024, may retire on a service retirement annuity under the Retirement Fund, upon written application to and approval by the Board; provided that such member shall have either
(A) attained at least fifty-five (55) years of age and completed twenty-five (25) years of service or

(B) attained at least fifty-seven (57) years of age and completed five (5) years of service. The retirement annuity for such member shall not be subject to the reduction which is described in the preceding paragraph.

(d) Credited Service for Transfers from Defined
Contribution System.

(1) Transfer of Account to Defined Benefit 1.75
Retirement System.

(A) (i) With respect to a member in the Defined Contribution System on March 31, 2017 who timely elects to be a member in the Defined Benefit 1.75
Retirement System effective as of January 1, 2018, in accordance with the election procedures under § 8502(b)(2), the member’s account balance under the
Defined Contribution System shall be transferred to the Defined Benefit 1.75 Retirement System, in accordance with § 8504, effective as of January 1, 2018.

(ii) With respect to an employee who is a member in the Defined Contribution System between June 1, 2023 and December 31, 2023, inclusive, who timely elects to be a member in the Defined Benefit 1.75 Retirement System effective as of January 1, 2024, in accordance with the election procedures under § 8502(b)(2), the member’s account balance under the Defined Contribution System shall be transferred to the Defined Benefit 1.75 Retirement System, in

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accordance with § 8504, effective as of January 1,
2024.

(B) (i) Further, with respect to a member in the Defined Contribution System who is reemployed by the government of Guam during the period between April 1, 2017 and September 30, 2017, inclusive, and who becomes a member in the Defined Benefit 1.75 Retirement System effective as of January 1, 2018, in accordance with the election procedures under § 8502(b)(4), the member’s account balance under the Defined Contribution System shall be transferred to the Defined Benefit 1.75 Retirement System, in accordance with § 8504, effective as of January 1,
2018.

(ii) Further, with respect to a member in the Defined Contribution System who is reemployed by the government of Guam during the period between June 1, 2023 and December 31, 2023, inclusive, and who becomes a member in the Defined Benefit 1.75 Retirement System effective
as of January 1, 2024, in accordance with the election procedures under § 8502(b)(4), the
member’s account balance under the Defined
Contribution System shall be transferred to the
Defined Benefit 1.75 Retirement System, in accordance with § 8504, effective as of January 1,
2024.

(C) Finally, with respect to a member in the Defined Contribution System who is receiving disability benefits and who becomes a member in the Defined Benefit 1.75 Retirement System upon reemployment or retirement in accordance with § 8502(b)(5), the member’s account balance under the Defined Contribution System shall be transferred to the Defined Benefit 1.75 Retirement System, in accordance with § 8504, effective as of the effective date of the member’s

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membership in the Defined Benefit 1.75 Plan as described in § 8502(b)(5).

(D) In these cases, as of the effective date of the transfer of a member’s account from the Defined Contribution System to the Defined Benefit 1.75
Retirement System, such member’s membership in the
Defined Contribution System shall terminate.

(E) (i) The transfer of a member’s account from the
Defined Contribution System to the Defined Benefit
1.75 Retirement System attributable to the transfer of
Member Contributions pursuant to § 8208, and Member’s Contribution Reserve and Transfer Incentive Reserve pursuant to § 8209.1(a) and (b), shall be made in accordance with § 8504.

(ii) The transfer of a member’s Employer Account to the Defined Benefit 1.75 Retirement System attributable to the transfer of Employer’s Contributions pursuant to § 8209(a) (whether the account reflecting such employer contributions are vested or unvested, and inclusive of unvested suspense accounts) shall be pursuant to § 8503(d)(2).

(F) Any Ancillary Benefit Account maintained under the Defined Contribution System on behalf of the member as described in § 8201(n) shall not be subject to transfer.

(2) Defined Contribution System Credited Service. Effective as of the effective date of the transfer of the member’s account from the Defined Contribution System to the Retirement Fund under this § 8503(d), the service for which the member’s account is credited with employer contributions under the Defined Contribution System (including the service under the Retirement Fund attributable to the employee contributions previously transferred from the Retirement Fund to the Defined Contribution System pursuant to the member’s election under § 8207), shall be credited to the member for purposes of determining the

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member’s years of credited service and basic retirement annuity under the Retirement Fund in accordance with § 8503. In connection with credited service transferred from
the Defined Contribution System to the Retirement Fund under § 8503(d)(1), a member’s § 8209(a) Employer’s Contribution account (whether the account reflecting such employer contributions are vested or unvested, and inclusive of unvested suspense accounts) shall be transferred to the member’s § 8164(b) account (Employer’s Contribution Reserve) under the Retirement Fund.

(3) Credited Service for Repayment of Defined Contribution System Contributions. In the event that the Defined Benefit 1.75 Plan member’s account under the Defined Contribution System was previously reduced by the member’s withdrawal of an amount from the member’s account that is attributable to contributions during the member’s active participation in the Defined Contribution System, the member shall be allowed to repay to the Retirement Fund the amount of the withdrawal, adjusted for interest during the period commencing on the date of the withdrawal and ending on the date of the repayment, which repayment must be made in any combination of the following:

(A) a single payment,

(B) transfer of Excess Account Balance, or

(C) installments to the Retirement Fund

in accordance with the Article 1 of Chapter 3, Division 1, Title 2 of the Guam Administrative Rules, as amended. If such withdrawn portion of the member’s account is not timely repaid in full to the Retirement Fund, then the service that otherwise would be credited under the Retirement Fund for service during the member’s active participation in the Defined Contribution System shall be reduced to account for the service to which the withdrawal relates, in accordance with rules, regulations, and procedures as promulgated or approved by the Board.

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(4) Credited Service for Repayment of Prior Retirement Fund Contributions. In the event that the member’s account under the Defined Contribution System was previously reduced by the member’s withdrawal of an amount from the member’s account that is attributable to the prior transfer of employee contributions from the Retirement Fund to the Defined Contribution System (specifically, considering only the portion of the account derived from the transferred Member’s Contribution Reserve, and not the Employer’s Contribution Reserve) pursuant to the member’s election under § 8207, the member shall be allowed to repay to the Retirement Fund the amount of the withdrawal, adjusted for interest during the period commencing on the date of the withdrawal and ending on the date of the repayment, which repayment must be made in any combination of the following:

(A) a single payment, transfer of Excess Account
Balance, or

(B) installments to the Retirement Fund in accordance with the Article 1 of Chapter 3, Division 1, Title 2 of the Guam Administrative Rules, as amended.

If such withdrawn portion of the member’s account is not timely repaid in full to the Retirement Fund, then the service that otherwise would be credited under the Retirement Fund for service during the member’s prior participation in the Retirement Fund shall be reduced to account for the service to which the withdrawal relates in accordance with rules, regulations, and procedures as may be promulgated or approved by the Board.

SOURCE: Added by P.L. 33-186:3 (Sept. 14, 2016). Subsections (a), (c), and (d) amended by P.L. 36-130:6-9 (Dec. 27, 2022). Subsection (c) amended by P.L. 37-007:3 (Apr. 12, 2023), effective retroactively as of Dec. 27, 2022, pursuant to P.L. 37-007:5.

2023 NOTE: In light of amendments by P.L. 36-130 (Dec. 27, 2022), subitem designations were added/altered pursuant to the authority of 1
GCA § 1606.

2016 NOTE: Subitem designations were added to adhere to the Compiler’s general codification and alpha-numeric schemes pursuant to authority granted by 1 Guam Code Ann. § 1606.

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