New Hampshire Revised Statutes 100-A:28-c – Participation Standards; Classified State Employees
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I. In order to be eligible for participation in the retirement system, an employee as defined in N.H. Rev. Stat. § 100-A:1, V who is a classified employee of the state or of any department, commission, institution, or agency of the state government, must be employed in a full-time position with the state or a department, commission, institution, or agency of the state government, as defined by the department of administrative services, division of personnel. Employment by a classified employee in one or more part-time positions, as defined by the department of administrative services, division of personnel, shall not result in such employee’s participation in the system, regardless of the number of hours worked in one or more part-time positions, regardless of whether the part-time position or positions may in some instances qualify for vacation pay, sick pay, or other benefits, and regardless of whether positions are held within one or more departments, commissions, institutions, or agencies.
II. Employment by a full-time classified employee of any department, commission, institution, or agency of the state government in a part-time position with a different department, commission, institution, or agency of the state government shall not result in retirement contributions being made in regard to the part-time position, nor shall that position be considered for the purposes of the member‘s participation in the retirement system.
III. Solely part-time state employment by a classified employee shall not entitle the person to benefits under this chapter or under N.H. Rev. Stat. § 21-I:30, N.H. Rev. Stat. § 21-I:30-a, or N.H. Rev. Stat. § 21-I:32.
IV. To the extent that any administrative rule of the New Hampshire retirement system is inconsistent with the provisions contained this section, the operation of that rule is hereby suspended.
II. Employment by a full-time classified employee of any department, commission, institution, or agency of the state government in a part-time position with a different department, commission, institution, or agency of the state government shall not result in retirement contributions being made in regard to the part-time position, nor shall that position be considered for the purposes of the member‘s participation in the retirement system.
Terms Used In New Hampshire Revised Statutes 100-A:28-c
- 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
- 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
- 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
- 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 system: shall mean the New Hampshire Retirement System as defined in N. 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. Solely part-time state employment by a classified employee shall not entitle the person to benefits under this chapter or under N.H. Rev. Stat. § 21-I:30, N.H. Rev. Stat. § 21-I:30-a, or N.H. Rev. Stat. § 21-I:32.
IV. To the extent that any administrative rule of the New Hampshire retirement system is inconsistent with the provisions contained this section, the operation of that rule is hereby suspended.