New Hampshire Revised Statutes 100-A:11 – Return of Members’ Contributions
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I. Group I Members.
(a) If a group I member ceases to be an employee or teacher for reasons other than retirement or death and if he or she has not elected to receive a vested deferred retirement allowance under N.H. Rev. Stat. § 100-A:10, the amount of his or her accumulated contributions shall be paid within 3 months after his or her written request therefor, provided that the member may not file a written request for such payment until at least 30 days from the date the member ceases to be an employee or a teacher and provided that the member may not again become a group I member during said 30-day period. A group I member shall cease to be an active member if he or she is absent from service for more than 180 days, without requesting return of the amount of his or her accumulated contributions, and the retirement system shall retain his or her accumulated contributions. The annual return credited on inactive, vested members shall be paid pursuant to N.H. Rev. Stat. § 100-A:16, II(g). The board shall hold and invest such accumulated contributions on behalf of the inactive member, provided that the annual return credited on the inactive member’s accumulated contributions shall be 2 percentage points less than either the assumed rate of return or the actual rate of return, whichever is lower, for the immediately preceding fiscal year as reported in the annual comprehensive financial report (ACFR), provided the rate of return shall not be less than zero. The inactive member may make a written request for his or her total accumulated contributions, provided he or she is not on a leave of absence, and he or she shall be paid within 3 months after his or her written request. In the event an inactive member who has not withdrawn his or her contributions under this section returns to become an active member in service, his or her previous service shall count toward that member’s creditable service to the extent that his or her accumulated contributions have remained in the retirement system.
(b) Upon the death of a group I member in service as a result of causes other than those which meet the requirements for an accidental death benefit as set forth in N.H. Rev. Stat. § 100-A:8 and if, at the time of his death, he is not eligible for service retirement or, being so eligible, is not survived by a widow, or has designated a beneficiary or beneficiaries other than his widow, the amount of his accumulated contributions shall be paid to the person or persons nominated by him, if living, otherwise to the member’s estate. Upon the death of a group I member in service under circumstances which meet the requirements for an accidental death benefit as set forth in N.H. Rev. Stat. § 100-A:8, the amount of his accumulated contributions shall be paid to the person or persons nominated by the member, if living, otherwise to the member’s estate.
(c) Upon the death of a group I member who has elected, pursuant to N.H. Rev. Stat. § 100-A:10, to receive a vested deferred retirement allowance before his attainment of age 60, the amount of his accumulated contributions at the time of his death shall be paid to the person or persons, if any, nominated by him, if living, otherwise to the member’s estate.
(d) Upon the death of a retired group I member after his retirement allowance payments have commenced, provided he has not elected an optional allowance that has become effective, any excess of the amount of his accumulated contributions at retirement over the sum of the retirement allowance payments received shall be paid in one sum to the person or persons nominated by the member, if living, otherwise to the member’s estate. Upon the death of the survivor of a retired group I member and the beneficiary nominated by him under the terms of an option, if an option was elected and had become effective, any excess of the retired member’s accumulated contributions at retirement over the sum of the retirement allowance payments received by the retired member and such beneficiary shall be paid to the person nominated by the member, if living, otherwise to the estate of the last to survive of the member and such beneficiary. Nomination of a person to receive the return of the member’s contributions pursuant to this section shall be made by the member in writing filed with the board of trustees. A member may change his nomination by a similar writing. A designation, revocation or change of the person nominated under an optional election may be made only as provided in N.H. Rev. Stat. § 100-A:13.
II. Group II Members.
(a) If a group II member ceases to be a permanent policeman or permanent fireman for reasons other than retirement or death and if he or she has not elected to receive a vested deferred retirement allowance under N.H. Rev. Stat. § 100-A:10, the amount of his or her accumulated contributions shall be paid within 3 months after his or her written request therefor. A group II member shall cease to be an active member if he or she is absent from service for more than 180 days, without requesting return of the amount of his or her accumulated contributions, and the retirement system shall retain his or her accumulated contributions. The annual return credited on inactive, vested members shall be paid pursuant to N.H. Rev. Stat. § 100-A:16, II(g). The board shall hold and invest such accumulated contributions on behalf of the inactive member, provided that the annual return credited on the inactive member’s accumulated contributions shall be 2 percentage points less than either the assumed rate of return or the actual rate of return, whichever is lower, for the immediately preceding fiscal year as reported in the annual comprehensive financial report (ACFR), provided the rate of return shall not be less than zero. The inactive member may make a written request for his or her total accumulated contributions, provided he or she is not on a leave of absence, and he or she shall be paid within 3 months after his or her written request. In the event an inactive member who has not withdrawn his or her contributions under this section returns to become an active member in service, his or her previous service shall count toward that member’s creditable service to the extent that his or her accumulated contributions have remained in the retirement system.
(b) Upon the death of a group II member in service as a result of causes other than those which meet the requirements for an accidental death benefit as set forth in N.H. Rev. Stat. § 100-A:8 and if, at the time of his death, he is not eligible for service retirement or, being so eligible, is not survived by a widow, or has designated a beneficiary or beneficiaries other than his widow, the amount of his accumulated contributions shall be paid to the person or persons nominated by him, if living, otherwise to the member’s estate. Upon the death of a group II member in service under circumstances which meet the requirements for an accidental death benefit as set forth in N.H. Rev. Stat. § 100-A:8, the amount of his accumulated contributions shall be paid to the person or persons nominated by the member, if living, otherwise to the member’s estate.
(c) Upon the death of a group II member who has elected, pursuant to N.H. Rev. Stat. § 100-A:10, to receive a vested deferred retirement allowance before his retirement allowance commences, the amount of his accumulated contributions at the time of his death shall be paid to the person or persons, if any, nominated by him, if living, otherwise to the member’s estate.
(d) Upon the death of the survivor of a retired group II member who is in receipt of an accidental disability retirement allowance pursuant to N.H. Rev. Stat. § 100-A:6 and his widow in receipt of an allowance pursuant to N.H. Rev. Stat. § 100-A:12, any excess of the retired member’s accumulated contributions at retirement over the sum of the retirement allowance payments received by such retired member and his widow shall be paid to the person nominated by the member, if living, otherwise to the estate of the last to survive of the retired member and such widow.
(e) Upon the death of a retired group II member after his retirement allowance payments have commenced, provided he has not elected an optional allowance that has become effective, any excess of the amount of his accumulated contributions at retirement over the sum of the retirement allowance payments received shall be paid in one sum to the person or persons nominated by the member, if living, otherwise to the member’s estate. Upon the death of the survivor of a retired group II member and the beneficiary nominated by him under the terms of an option, if an option was elected and had become effective, any excess of the retired member’s accumulated contributions at retirement over the sum of the retirement allowance payments received by the retired member and such beneficiary shall be paid to the person nominated by the member, if living, otherwise to the estate of the last to survive of the member and such beneficiary. Nomination of a person to receive the return of the member’s contributions pursuant to this section shall be made by the member in writing filed with the board of trustees. A member may change his nomination by a similar writing. A designation, revocation or change of the person nominated under an optional election may be made only as provided in N.H. Rev. Stat. § 100-A:13.
(a) If a group I member ceases to be an employee or teacher for reasons other than retirement or death and if he or she has not elected to receive a vested deferred retirement allowance under N.H. Rev. Stat. § 100-A:10, the amount of his or her accumulated contributions shall be paid within 3 months after his or her written request therefor, provided that the member may not file a written request for such payment until at least 30 days from the date the member ceases to be an employee or a teacher and provided that the member may not again become a group I member during said 30-day period. A group I member shall cease to be an active member if he or she is absent from service for more than 180 days, without requesting return of the amount of his or her accumulated contributions, and the retirement system shall retain his or her accumulated contributions. The annual return credited on inactive, vested members shall be paid pursuant to N.H. Rev. Stat. § 100-A:16, II(g). The board shall hold and invest such accumulated contributions on behalf of the inactive member, provided that the annual return credited on the inactive member’s accumulated contributions shall be 2 percentage points less than either the assumed rate of return or the actual rate of return, whichever is lower, for the immediately preceding fiscal year as reported in the annual comprehensive financial report (ACFR), provided the rate of return shall not be less than zero. The inactive member may make a written request for his or her total accumulated contributions, provided he or she is not on a leave of absence, and he or she shall be paid within 3 months after his or her written request. In the event an inactive member who has not withdrawn his or her contributions under this section returns to become an active member in service, his or her previous service shall count toward that member’s creditable service to the extent that his or her accumulated contributions have remained in the retirement system.
Terms Used In New Hampshire Revised Statutes 100-A:11
- Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a member, any additional contributions, any contributions for purchases under this chapter, together with any amount transferred to the account of the member established pursuant to this system from the respective account of said member under one or more of the predecessor systems, with interest thereon, as provided in N. See New Hampshire Revised Statutes 100-A:1
- Active member: means a member who is employed by a retirement system participating employer and who is both receiving earnable compensation and earning service credit for which the retirement system receives payment of full employer and member contributions under N. See New Hampshire Revised Statutes 100-A:1
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: shall mean any person receiving a retirement allowance or other benefit as provided herein. See New Hampshire Revised Statutes 100-A:1
- 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
- Creditable service: shall mean prior service plus membership service, as provided 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
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Group I members: shall mean employees and teachers. See New Hampshire Revised Statutes 100-A:1
- Group II members: shall mean permanent policemen and permanent firemen. See New Hampshire Revised Statutes 100-A:1
- Inactive member: means a member who has been absent from service for reasons other than retirement or death for more than 180 days without requesting a return of his or her accumulated contributions. See New Hampshire Revised Statutes 100-A:1
- 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
- Permanent fireman: for the purposes of membership in group II and other provisions of this chapter, shall mean any person, whether elected or appointed, who is regularly employed on a full-time basis by the state in a job certified by the director of personnel as conforming to the requirements of this paragraph, or by any of its political subdivisions in a job certified by the governing body of the political subdivision as conforming to the requirements of this paragraph, which job shall be in one of the following categories
(a) A firefighter who:
(1) Has the authority and responsibility to engage in the prevention, control, or extinguishment of fires, and who performs activities that are required for and directly concerned with the prevention, control, or extinguishment of fires, including incidental non-firefighting functions. See New Hampshire Revised Statutes 100-A:1 - Permanent policeman: for the purposes of membership in group II and other provisions of this chapter, shall mean any person, whether elected or appointed, who is regularly employed on a full-time basis by the state in a job certified by the director of personnel as conforming to the requirements of this paragraph, or by any of its political subdivisions in a job certified by the governing body of the political subdivision as conforming to the requirements of this paragraph, which job shall be in one of the following categories:
(a) A police officer, conservation officer of the fish and game department, or inspector of the state liquor commission who:
(1) Is responsible for the prevention, detection or prosecution of crime and the enforcement of the laws of the state and of its political subdivisions. See New Hampshire Revised Statutes 100-A:1 - person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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 allowance: shall mean the sum of the member annuity and the state annuity. 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
- 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
- Widow: shall mean also widowers. See New Hampshire Revised Statutes 100-A:1
(b) Upon the death of a group I member in service as a result of causes other than those which meet the requirements for an accidental death benefit as set forth in N.H. Rev. Stat. § 100-A:8 and if, at the time of his death, he is not eligible for service retirement or, being so eligible, is not survived by a widow, or has designated a beneficiary or beneficiaries other than his widow, the amount of his accumulated contributions shall be paid to the person or persons nominated by him, if living, otherwise to the member’s estate. Upon the death of a group I member in service under circumstances which meet the requirements for an accidental death benefit as set forth in N.H. Rev. Stat. § 100-A:8, the amount of his accumulated contributions shall be paid to the person or persons nominated by the member, if living, otherwise to the member’s estate.
(c) Upon the death of a group I member who has elected, pursuant to N.H. Rev. Stat. § 100-A:10, to receive a vested deferred retirement allowance before his attainment of age 60, the amount of his accumulated contributions at the time of his death shall be paid to the person or persons, if any, nominated by him, if living, otherwise to the member’s estate.
(d) Upon the death of a retired group I member after his retirement allowance payments have commenced, provided he has not elected an optional allowance that has become effective, any excess of the amount of his accumulated contributions at retirement over the sum of the retirement allowance payments received shall be paid in one sum to the person or persons nominated by the member, if living, otherwise to the member’s estate. Upon the death of the survivor of a retired group I member and the beneficiary nominated by him under the terms of an option, if an option was elected and had become effective, any excess of the retired member’s accumulated contributions at retirement over the sum of the retirement allowance payments received by the retired member and such beneficiary shall be paid to the person nominated by the member, if living, otherwise to the estate of the last to survive of the member and such beneficiary. Nomination of a person to receive the return of the member’s contributions pursuant to this section shall be made by the member in writing filed with the board of trustees. A member may change his nomination by a similar writing. A designation, revocation or change of the person nominated under an optional election may be made only as provided in N.H. Rev. Stat. § 100-A:13.
II. Group II Members.
(a) If a group II member ceases to be a permanent policeman or permanent fireman for reasons other than retirement or death and if he or she has not elected to receive a vested deferred retirement allowance under N.H. Rev. Stat. § 100-A:10, the amount of his or her accumulated contributions shall be paid within 3 months after his or her written request therefor. A group II member shall cease to be an active member if he or she is absent from service for more than 180 days, without requesting return of the amount of his or her accumulated contributions, and the retirement system shall retain his or her accumulated contributions. The annual return credited on inactive, vested members shall be paid pursuant to N.H. Rev. Stat. § 100-A:16, II(g). The board shall hold and invest such accumulated contributions on behalf of the inactive member, provided that the annual return credited on the inactive member’s accumulated contributions shall be 2 percentage points less than either the assumed rate of return or the actual rate of return, whichever is lower, for the immediately preceding fiscal year as reported in the annual comprehensive financial report (ACFR), provided the rate of return shall not be less than zero. The inactive member may make a written request for his or her total accumulated contributions, provided he or she is not on a leave of absence, and he or she shall be paid within 3 months after his or her written request. In the event an inactive member who has not withdrawn his or her contributions under this section returns to become an active member in service, his or her previous service shall count toward that member’s creditable service to the extent that his or her accumulated contributions have remained in the retirement system.
(b) Upon the death of a group II member in service as a result of causes other than those which meet the requirements for an accidental death benefit as set forth in N.H. Rev. Stat. § 100-A:8 and if, at the time of his death, he is not eligible for service retirement or, being so eligible, is not survived by a widow, or has designated a beneficiary or beneficiaries other than his widow, the amount of his accumulated contributions shall be paid to the person or persons nominated by him, if living, otherwise to the member’s estate. Upon the death of a group II member in service under circumstances which meet the requirements for an accidental death benefit as set forth in N.H. Rev. Stat. § 100-A:8, the amount of his accumulated contributions shall be paid to the person or persons nominated by the member, if living, otherwise to the member’s estate.
(c) Upon the death of a group II member who has elected, pursuant to N.H. Rev. Stat. § 100-A:10, to receive a vested deferred retirement allowance before his retirement allowance commences, the amount of his accumulated contributions at the time of his death shall be paid to the person or persons, if any, nominated by him, if living, otherwise to the member’s estate.
(d) Upon the death of the survivor of a retired group II member who is in receipt of an accidental disability retirement allowance pursuant to N.H. Rev. Stat. § 100-A:6 and his widow in receipt of an allowance pursuant to N.H. Rev. Stat. § 100-A:12, any excess of the retired member’s accumulated contributions at retirement over the sum of the retirement allowance payments received by such retired member and his widow shall be paid to the person nominated by the member, if living, otherwise to the estate of the last to survive of the retired member and such widow.
(e) Upon the death of a retired group II member after his retirement allowance payments have commenced, provided he has not elected an optional allowance that has become effective, any excess of the amount of his accumulated contributions at retirement over the sum of the retirement allowance payments received shall be paid in one sum to the person or persons nominated by the member, if living, otherwise to the member’s estate. Upon the death of the survivor of a retired group II member and the beneficiary nominated by him under the terms of an option, if an option was elected and had become effective, any excess of the retired member’s accumulated contributions at retirement over the sum of the retirement allowance payments received by the retired member and such beneficiary shall be paid to the person nominated by the member, if living, otherwise to the estate of the last to survive of the member and such beneficiary. Nomination of a person to receive the return of the member’s contributions pursuant to this section shall be made by the member in writing filed with the board of trustees. A member may change his nomination by a similar writing. A designation, revocation or change of the person nominated under an optional election may be made only as provided in N.H. Rev. Stat. § 100-A:13.