New Hampshire Revised Statutes 100-A:7 – Working After Retirement; Exceeding Part-Time Hourly Limit
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I. Any retired member returning to work for a participating employer in a position requiring mandatory membership pursuant to N.H. Rev. Stat. § 100-A:3 shall be restored to service and the retiree’s retirement allowance shall cease, the retiree shall again become a member of the retirement system, and the retiree shall contribute at the percentage payable pursuant to N.H. Rev. Stat. § 100-A:16, I(a). Anything herein to the contrary notwithstanding, any credit for membership service and for any prior service on the basis of which the retired member’s creditable service was computed at the time of his or her former retirement shall be restored to full force and effect; upon subsequent retirement, the retiree shall receive a retirement allowance based on his or her combined creditable service and average final compensation.
II. Any retired member who, in any calendar year, works part-time for one or more participating employers and exceeds the maximum permitted hours as provided in N.H. Rev. Stat. § 100-A:1, XXXIV, shall forfeit the state annuity portion of his or her retirement allowance, and any allocable cost of living adjustments, with such forfeiture commencing as soon as administratively feasible in the next calendar year and continuing for a period of 12 months.
III. The board of trustees of the retirement system shall adopt rules under N.H. Rev. Stat. Chapter 541-A as necessary to administer and enforce the provisions of this section.
II. Any retired member who, in any calendar year, works part-time for one or more participating employers and exceeds the maximum permitted hours as provided in N.H. Rev. Stat. § 100-A:1, XXXIV, shall forfeit the state annuity portion of his or her retirement allowance, and any allocable cost of living adjustments, with such forfeiture commencing as soon as administratively feasible in the next calendar year and continuing for a period of 12 months.
Terms Used In New Hampshire Revised Statutes 100-A:7
- 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.
- Average final compensation: shall mean :
(a) For members who have attained vested status prior to January 1, 2012, the average annual earnable compensation of a member during his or her highest 3 years of creditable service, or during all of the years in his or her creditable service if less than 3 years. 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
- Creditable service: shall mean prior service plus membership service, as provided in N. 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
- 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
- Membership service: shall mean service rendered while a member of the retirement system. See New Hampshire Revised Statutes 100-A:1
- Part-time: for purposes of employment of a retired member of the New Hampshire retirement system but excepting per diem court security officers and court bailiffs, means employment by one or more participating employers of the retired member which shall not exceed 1,352 hours in a calendar year, except as provided in N. See New Hampshire Revised Statutes 100-A:1
- Prior service: shall mean service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one or more of the predecessor systems, and as set forth under this chapter. 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 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
- State: shall mean the state of New Hampshire. See New Hampshire Revised Statutes 100-A:1
III. The board of trustees of the retirement system shall adopt rules under N.H. Rev. Stat. Chapter 541-A as necessary to administer and enforce the provisions of this section.