§ 457. Members

(a) Any person who was a member of either of the predecessor systems immediately preceding the date of establishment shall become a member of the Retirement System as of the date of establishment.

(b) Any person who became an employee within the three-year period prior to the date of establishment, but did not become a member of the Vermont Employees’ Retirement System because he or she had not completed three consecutive years of service prior to the date of establishment, shall become a member as a condition of employment upon his or her completion of three consecutive years of service.

(c) Any person who becomes an employee after the date of establishment shall become a member as a condition of employment (1) upon the completion of three consecutive years of service in the case of those employees classified under subdivision 455(a)(9)(A) of this title hired prior to July 1, 1978; and (2) upon employment in the case of those employees classified under (B) of subdivision (a)(9), and upon employment in the case of those employees classified under subdivision 455(a)(9)(A) hired on or after July 1, 1978 except employees hired in a temporary capacity. No person shall join the system as a Group E member after December 31, 1990.

(d) Should any Group A, C, D, F, or G member who has less than five years of creditable service in any period of five consecutive years after last becoming a member be absent from service more than three years or should the member withdraw his or her contributions, or become a beneficiary or die, the member shall thereupon cease to be a member. However, the membership of any employee entering such classes of military or naval service of the United States as may be approved by resolution of the Retirement Board, shall be continued during such military or naval service if the member does not withdraw his or her contributions, but no such member shall be considered in the service of the State for the purpose of the Retirement System during such military or naval service, except as provided in subsection 458(e) of this title.

(e) For purposes of benefits available under this chapter, former county court employees hired by the counties to court positions on or before June 30, 2008 who became State employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be deemed to have been first included in membership of the system on or before June 30, 2008. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 153 (Adj. Sess.), § 2; 1981, No. 41, § 4; 1989, No. 277 (Adj. Sess.), § 17g, eff. Jan. 1, 1991; 1997, No. 89 (Adj. Sess.), § 3; 2011, No. 63, § H.7; 2017, No. 165 (Adj. Sess.), § 2; 2021, No. 114 (Adj. Sess.), § 3, eff. July 1, 2022.)