§ 455 Definitions
§ 456 Name and date of establishment
§ 457 Members
§ 458 Creditable service; military service
§ 459 Normal and early retirement
§ 459a Restoration of service
§ 460 Ordinary disability retirement
§ 461 Accidental and occupationally related disability retirement
§ 461a Benefit denial; evidentiary hearing
§ 462 Reexamination of disability beneficiary
§ 463 Reinstatement
§ 464 Accidental and occupationally related death benefit
§ 465 Termination of service; ordinary death benefit
§ 466 Coordination of disability retirement benefits with workers’ compensation benefits
§ 467 Death benefit after retirement-Group C
§ 468 Optional benefits
§ 469 Minimum benefit-Group C
§ 470 Postretirement adjustments to retirement allowances
§ 471 Retirement Board; Medical Board; actuary; rates of contribution; safekeeping of securities
§ 471a Reports
§ 472 Investments; interest rate; disbursements
§ 472a Compliance with federal law
§ 473 Funds
§ 473a Periodic actuarial reports
§ 474 Predecessor systems
§ 475 Errors
§ 476 Exemption of member’s interest; assignment
§ 476a Alternate payee; domestic relations orders
§ 477 Prior service credit
§ 477a Elections
§ 479 Group insurance
§ 479a State Employees’ Postemployment Benefits Trust Fund
§ 480a Group A members; limit on contributions

Terms Used In Vermont Statutes > Title 3 > Chapter 16 > Subchapter 1 - Generally

  • Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a member 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 both of the predecessor systems, with interest thereon, as provided in section 473 of this title. See
  • Actuarial equivalent: shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 472a(h) of this title. See
  • Advertise: means the publication or dissemination of an advertisement. See
  • Advertisement: means any method used to call attention to a product that is intended to arouse a desire to purchase that product. See
  • Advertisement: means any written or verbal statement, illustration, or depiction that would reasonably have the effect of inducing sales of cannabis or cannabis products, including any written, printed, graphic, or other material; billboard, sign, or other outdoor display; other periodical literature, publication, or in a radio or television broadcast; the Internet; or in any other media. See
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the Vermont Agency of Agriculture, Food and Markets. See
  • Agency: means the Agency of Transportation. See
  • Agency: means the Agency of Agriculture, Food and Markets. See
  • agreement: means one or more of the following:

  • agricultural waste: means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources to be harmful to the waters of the State, including sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste; animal mortalities; compost; feed, and crop debris; waste oils; pathogenic bacteria and viruses; thermal pollution; silage runoff; untreated milk house waste; and any other farm waste as the term "waste" is defined in 10 V. See
  • Air navigation: means the operation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State. See
  • Aircraft: means a contrivance used or designed for navigation of or flight in the air and specifically includes ultralight aircraft. See
  • Airport: means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. See
  • Airport hazard: means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off. See
  • Alcohol: means the product of distillation, fermentation, or chemical synthesis, including alcoholic beverages, ethyl alcohol, and nonpotable alcohol. See
  • Alcoholic beverages: means malt beverages, vinous beverages, spirits, ready-to-drink spirits beverages, and fortified wines. See
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
  • 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.
  • Annuity: shall mean annual payments for life derived from the accumulated contributions of a member. See
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person that applies for a license to operate a cannabis establishment pursuant to this chapter. See
  • Appraisal: A determination of property value.
  • appraised value: when used in connection with real estate shall refer to appraisals made or examined and approved by an insurer or its agents. See
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • art gallery: means a fixed establishment whose primary purpose is to exhibit or offer for sale works of art; "bookstore" means a fixed establishment whose primary purpose is to offer books for sale; "public library" has the same meaning as in 22 V. See
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized delegate: means a person located in this State that a licensee designates to provide money services on behalf of the licensee. See
  • Average compensable hours: shall mean average annual compensable hours for a period of five full years immediately preceding the years used to determine average final compensation for any member who terminates his or her position after July 1, 2002. See
  • Average final compensation: shall mean :

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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 in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subchapter. See
  • biennially: shall mean the year in which a regular session of the General Assembly is held. See
  • Board: means the Transportation Board. See
  • Board: shall mean the board provided for in section 471 of this title to administer the Retirement System. See
  • Board: means the Cannabis Control Board. See
  • Board: means the Cannabis Control Board. See
  • Board of Liquor and Lottery: means the board of control appointed under the provisions of chapter 5 of this title. See
  • Boat: means a vessel suitably equipped and operated for the transportation of passengers in interstate commerce. See
  • Brand: means a term, design, or trademark used in connection with one or more grades or formulas of fertilizer, plant amendment, plant biostimulant, soil amendment, or lime. See
  • Brand name: means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed, feed supplement, dosage form animal health product, or a distributor or registrant and distinguishing it from that of others. See
  • Cannabis: means all parts of the plant Cannabis sativa L. See
  • Cannabis establishment: means a cannabis cultivator, propagation cultivator, wholesaler, product manufacturer, retailer, testing laboratory, or integrated licensee licensed by the Board to engage in commercial cannabis activity in accordance with this chapter. See
  • Cannabis product: means concentrated cannabis and a product that is composed of cannabis and other ingredients and is intended for use or consumption, including an edible product, ointment, and tincture. See
  • Certificate of approval: means a license granted by the Board of Liquor and Lottery to a manufacturer or distributor of malt beverages, vinous beverages, or ready-to-drink spirits beverages that is not licensed under the provisions of this title that permits the licensee to sell those beverages to holders of a packager's or wholesale dealer's license. See
  • Certificate of approval: means an authorization by the Board of Liquor and Lottery pursuant to section 274 of this title to a manufacturer or distributor of malt beverages, vinous beverages, or ready-to-drink spirits beverages not licensed under the provisions of this title, to sell those beverages to holders of a packager's or wholesale dealer's license issued by the Board pursuant to section 272 or 273 of this title. See
  • Certificate of approval holder: means a holder of a certificate of approval issued by the Board of Liquor and Lottery pursuant to section 274 of this title that produces or distributes a total annual volume of not more than 50,000 barrels of malt beverages and whose products comprise three percent or less of a wholesale dealer's total annual sales of malt beverages by volume. See
  • Certified Vermont Environmental Steward: means an owner or operator of a farm who has achieved the thresholds for the Vermont Environmental Stewardship Program to be certified as a farm that improves soil health and contributes to improving water quality. See
  • Chair: means the Chair of the Cannabis Control Board. See
  • Chair: means the Chair of the Cannabis Control Board. See
  • Characterizing flavor: means a taste or aroma, other than the taste or aroma of cannabis, imparted either prior to or during consumption of a cannabis product. See
  • Check cashing: means receiving at least $500. See
  • Child-deterrent packaging: means tear-resistant packaging that can be sealed in a manner that would deter children under five years of age from easily accessing the contents of the package within a reasonable time and not difficult for adults to use properly. See
  • Child-resistant packaging: means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance in the container within a reasonable time and not difficult for adults to use properly but does not mean packaging that all children under five years of age cannot open or obtain a toxic or harmful amount of the substance in the container within a reasonable time. See
  • Club: means an unincorporated association or a corporation authorized to do business in this State that has been in existence for at least two consecutive years prior to the date of application for a license under this title and owns, hires, or leases a building or space in a building that is suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and contains suitable and adequate kitchen and dining room space and equipment implements and facilities. See
  • Commercial feed: means all materials except whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of subsection 327(a) of this title, that are distributed for use as feed or for mixing in feed. See
  • Commission: shall mean the Vermont Pension Investment Commission. See
  • Commissioner of Liquor and Lottery: means the executive officer of the Board of Liquor and Lottery appointed under the provisions of chapter 5 of this title. See
  • Compensable hours: shall mean all hours worked during a fiscal year and shall include the following types of paid time: regular hours worked, overtime hours worked, and paid leave. See
  • Compensation: means the cost of a wholesale dealer's laid-in inventory related to a franchise that has been or is about to be terminated plus five times the average annual gross profits earned by the wholesale dealer on the sale of products pursuant to the franchise during the last three calendar years or, if the franchise has not been in existence for three years, the period of time during which the franchise has been in existence. See
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control commissioners: means the commissioners of a municipality appointed under section 166 of this title. See
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • corporation: means and includes individuals, partnerships, associations, and corporations, owning or conducting any transportation business or property, other than railroads and aircraft, which are covered by the provisions of this chapter. See
  • Covered: means that an insurer owns or can immediately acquire, through the exercise of options, warrants, or conversion rights already owned, the underlying interest in order to fulfill or secure its obligations under a call option, cap, or floor it has written or has set aside under a custodial or escrow agreement cash or cash equivalents with a market value equal to the amount required to fulfill its obligations under a put option it has written, in an income generation transaction. See
  • Creditable service: shall mean service for which credit is allowed under section 458 of this title, plus service transferred under section 495 of this title. See
  • cultivator: means a person licensed by the Board to engage in the cultivation of cannabis in accordance with this chapter. See
  • Currency exchange: means receipt of revenues equal to or greater than five percent of total revenues from the exchange of money of one government for money of another government. See
  • custom applicator: means a person who is engaged in the business of applying manure or agricultural waste to land and who charges or collects other consideration for the service. See
  • Customer-formula feed: means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser. See
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person who annually buys, or otherwise acquires from another person, 1,000 gallons of maple syrup or more for purposes of packaging for resale or for resale in bulk. See
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Liquor and Lottery. See
  • Department: shall mean any department, institution, or agency of this State government. See
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • destination resort: is a resort that contains at least 100 acres of land, offers at least 50 units of sleeping accommodations, offers meal and beverage service to the public for consideration, and has related sports and recreational facilities for the convenience or enjoyment of its guests. See
  • Destination resort master license: means a license granted by the Board of Liquor and Lottery pursuant to section 242 of this title permitting a destination resort to designate licensed caterers and commercial caterers that will be permitted to cater individual events within the boundaries of the resort without being required to obtain a request-to-cater permit for each individual event. See
  • Dining car: means a railroad car on which meals are prepared and served. See
  • Direct: when used in connection with "obligation" means that a designated obligor shall be primarily liable on the instrument representing the obligation. See
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispensary: means a business organization licensed pursuant to chapter 37 of this title. See
  • Distribute: means to import, consign, manufacture, produce, compound, mix, or blend fertilizer or to offer for sale, sell, barter, or otherwise supply a fertilizer, a plant amendment, a plant biostimulant, a soil amendment, or lime in this State. See
  • Distribute: means to offer for sale, sell, exchange, or barter commercial feed, feed supplements, or dosage form animal health products or to supply, furnish, or otherwise provide commercial feed, feed supplements, or dosage form animal health products through any means, including sales outlets, catalogues, the telephone, the Internet, or any electronic means. See
  • Distributor: means any person who distributes commercial feeds, feed supplements, or dosage form animal health products. See
  • Distributor: means any person who distributes fertilizer, plant amendments, plant biostimulants, soil amendments, or lime. See
  • Division: means the Division of Liquor Control in the Department of Liquor and Lottery. See
  • Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
  • Dosage form animal health product: means any product intended to affect the structure or function of the animal's body or enhance or support the health or well-being of livestock, poultry, dogs, cats, or other domestic animals that does not provide nutritional benefit, does not require a prescription from a licensed veterinarian, is not intended for cosmetic purposes, or is exempted by the Secretary by rule. See
  • Drug: means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in domestic animals other than humans and substances other than feed intended to affect the structure or any function of the animal body. See
  • Earnable compensation: shall mean the full rate of compensation that would be payable to an employee if the employee worked the full normal working time for the employee's position. See
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Employee: includes deputy State's Attorneys, victim advocates employed by a State's Attorney pursuant to 13 V. See
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Feed ingredient: means each of the constituent materials making up a commercial feed. See
  • Feed supplement: means a material used with another to improve the nutritive balance or performance of the total and intended to be fed undiluted as a supplement to other feeds or offered free choice with other parts of the ration separately available or further diluted and mixed to produce a complete feed. See
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Fertilizer: means any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth or health, except unprocessed animal or vegetable manures and other products exempted by the Secretary. See
  • Fiduciary: A trustee, executor, or administrator.
  • First-class license: means a license permitting the licensee to sell malt beverages, vinous beverages, and ready-to-drink spirits beverages to the public for consumption only on the premises for which the license is granted. See
  • 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.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Formulation: means a material or mixture of materials prepared according to a particular formula. See
  • Fortified wine permit: means a permit granted to a second-class licensee that permits the licensee to export and sell fortified wines to the public for consumption off the licensed premises. See
  • Fortified wines: means vinous beverages, including those to which spirits have been added during manufacture, containing at least 16 percent alcohol but not more than 23 percent alcohol by volume at 60 degrees Fahrenheit and all vermouths containing not more than 23 percent alcohol by volume at 60 degrees Fahrenheit. See
  • Fourth-class license: means a license permitting a licensed manufacturer or rectifier to sell by the unopened container and distribute by sample, with or without charge, beverages manufactured by the licensee. See
  • Franchise: means a written agreement governing a relationship between a wholesale dealer and a certificate of approval holder or manufacturer that has existed for at least one year and has one or more of the following characteristics:

  • Franchisee: means any malt beverages, vinous beverages, or ready-to-drink spirits beverages wholesale dealer to whom a franchise or agreement as defined in this section is granted or offered, or any malt beverages, vinous beverages, or ready-to-drink spirits beverages certificate of approval holder or manufacturer who is a party to a franchise or agreement as defined in this section. See
  • Franchisor: means any malt beverages, vinous beverages, or ready-to-drink spirits beverages certificate of approval holder or manufacturer who enters into any franchise or agreement with a malt beverages or vinous beverages wholesale dealer, or any malt beverages or vinous beverages certificate of approval holder or manufacturer who is a party to a franchise or agreement as defined in this section. See
  • Fraud: Intentional deception resulting in injury to another.
  • Future: means an agreement, traded on a qualified exchange or qualified foreign exchange, to make or take delivery of, or effect a cash settlement based on the actual or expected price, level, performance, or value of, one or more underlying interests. See
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grade: means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash stated in whole numbers in the same terms, order, or percentages as in the guaranteed analysis. See
  • grades: means the standards for maple syrup adopted through regulation by the Secretary. See
  • grades: means the standards for potatoes established by the U. See
  • Group A members: means employees classified under subdivision (A) of subdivision (9) of this subsection (a). See
  • Group C members: means employees classified under subdivision (B) of subdivision (9) of this subsection (a) who become members as of the date of establishment, any person who is first included in the membership of the System on or after July 1, 1998, any person who was a Group B member on June 30, 1998, who was in service on that date, and any person who was a Group B member on June 30, 1998, who was absent from service on that date who returns to service on or after July 1, 1998. See
  • Group D members: means Justices of the Supreme Court, Superior judges, district judges, environmental judges, and probate judges. See
  • Group F member: means any person who is first included in the membership of the System on or after January 1, 1991, any person who was a Group E member on December 31, 1990, who was in service on that date, and any person who was a Group E member on December 31, 1990, who was absent from service on that date who returns to service on or after January 1, 1991. See
  • Group G member: means the following employees who are first employed in the positions listed in this subdivision (F) on or after July 1, 2023, or who are members of the System as of June 30, 2022 and make an irrevocable election to prospectively join Group G on or before June 30, 2023, pursuant to the terms set by the Board: facility employees of the Department of Corrections, as Department of Corrections employees who provide direct security and treatment services to offenders under supervision in the community, as employees of a facility for justice-involved youth, or as Vermont State Hospital employees or as employees of its successor in interest, who provide direct patient care. See
  • Guaranteed analysis: means :

  • Hemp: means the plant Cannabis sativa L. See
  • hemp-infused products: means all products with the federally defined tetrahydrocannabinol concentration level for hemp derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for commercial sale, including cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, construction materials, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. See
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means any person designated by the Secretary to carry out the Secretary's duties under this chapter. See
  • Integrated licensee: means a person licensed by the Board to engage in the activities of a cultivator, wholesaler, product manufacturer, retailer, and testing laboratory in accordance with this chapter. See
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • Keg: means a reusable container capable of holding at least five gallons of malt beverage or at least two-and-one-half gallons of vinous beverage. See
  • Label: means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed, feed supplement, or dosage form animal health product is distributed or on the invoice or delivery slip with which a commercial feed, feed supplement, or dosage form animal health product is distributed. See
  • Label: means the display of all written, printed, or graphic matter upon the immediate container or a statement accompanying a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime. See
  • Labeling: means all labels and other written, printed, or graphic matter upon a commercial feed, feed supplement, or dosage form animal health product or any of its containers; the wrapper accompanying the commercial feed, feed supplement, or dosage form animal health product; or advertisements, brochures, posters, electronic media, the Internet, and television and radio announcements used in promoting the sale of the commercial feed, feed supplement, or dosage form animal health product. See
  • Labeling: means all written, printed, or graphic material upon or accompanying any fertilizer, plant amendment, plant biostimulant, soil amendment, or lime, including advertisements, brochures, posters, and television and radio announcements used in promoting the sale of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime. See
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal age: means 21 years of age or older. See
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lime: means one or more of the following:

  • Malt beverages: means all fermented beverages of any name or description manufactured for sale from malt, wholly or in part, or from any malt substitute, known as, among other things, beer, ale, or lager, containing not less than one percent nor more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
  • Manufacture: means to produce, grind, mix, or blend or further process a commercial feed, feed supplement, or dosage form animal health product for distribution. See
  • Manufacturer: means a manufacturer licensed pursuant to section 271 of this title that produces a total annual volume of not more than 50,000 barrels of malt beverages and whose products comprise three percent or less of a wholesale dealer's total annual sales of malt beverages by volume. See
  • Manure: means livestock waste in solid or liquid form that may also contain bedding, spilled feed, water, or soil. See
  • Maple products: means only maple syrup, maple sugar, maple cream, or any other product in which the sugar content is entirely derived from pure maple sap and to which nothing has been added. See
  • Maple sap: means the unprocessed liquid derived from the maple tree (Acer). See
  • Maple sap hydrometer: means a floating instrument that measures the specific gravity of a liquid and that contains a scale designed to determine the sugar content of maple sap. See
  • Maple sugar: means the solid, crystalline produce of maple tree sap only. See
  • Maple syrup: means pure maple syrup that is the liquid derived by concentration and heat treatment of the sap of the maple tree (Acer). See
  • maximum allowance: shall mean the sum of the annuity and the pension. See
  • Medical Board: shall mean the board of physicians provided for in section 471 of this title. See
  • Member: means any employee included in the membership of the Retirement System under section 457 of this title. See
  • Membership service: means service rendered while a member of the Retirement System. See
  • Minor: means an individual who has not attained 21 years of age. See
  • Monetary value: means a medium of exchange, whether or not redeemable in money. See
  • Money: means a medium of exchange that is authorized or adopted by the United States or a foreign government. See
  • Money services: means money transmission, check cashing, or currency exchange. See
  • Money transmission: means to engage in the business of selling or issuing payment instruments, selling or issuing prepaid access, or receiving money or monetary value for transmission to a location within or outside the United States. See
  • Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Municipality: means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services. See
  • Municipality: means a town, city, or incorporated village. See
  • NAIC: means the National Association of Insurance Commissioners. See
  • Normal retirement date: means :

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Official sample: means a sample of feed taken by the Secretary in accordance with the provisions of subdivision 330(3) of this title. See
  • Option: means an agreement giving the buyer the right to buy or receive (a "call option"), sell or deliver (a "put option"), enter into, extend, or terminate or effect a cash settlement based on the actual or expected price, level, performance, or value of one or more underlying interests. See
  • Outside consumption permit: means a permit granted by the Division of Liquor Control allowing the holder of a first-class, first- and third-class, or fourth-class license to allow for consumption of alcoholic beverages in a delineated outside area. See
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a natural person who controls, or shares control of, a Cannabis Establishment. See
  • Packaged maple syrup: means maple syrup packed in containers of five gallons or less. See
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payment instrument: means a check, draft, money order, traveler's check, or other instrument for the transmission or payment of money or monetary value, whether or not negotiable. See
  • Pension: shall mean annual payments for life derived from contributions by the State. See
  • percentage: means the percentage by weight. See
  • percentages: means percentages by weights. See
  • Permitted analytical variances: means those allowances for the inherent variability in sampling and laboratory analysis. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Person: means individuals, groups of individuals, partnerships, limited partnerships, corporations, companies, cooperatives, and associations. See
  • Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. See
  • Person: shall include any natural person; corporation; municipality; the State of Vermont or any department, agency, or subdivision of the State; and any partnership, unincorporated association, or other legal entity. See
  • person: as used in this chapter , shall include corporations, companies, societies, and associations. See
  • Personal property: All property that is not real property.
  • Pet: means any domesticated animal normally maintained in or near the household of the owner. See
  • Pet food: means any commercial feed prepared and distributed for consumption by pets. See
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plant amendment: means any substance applied to plants or seeds that is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of plants, except for fertilizer, soil amendments, agricultural liming materials, animal and vegetable manures, pesticides, plant regulators, and other materials exempted by rule adopted under this chapter. See
  • Plant biostimulant: means a substance or microorganism that, when applied to seeds, plants, or the rhizosphere, stimulates natural processes to enhance or benefit nutrient uptake, nutrient efficiency, tolerance to abiotic stress, or crop quality and yield, except for fertilizers, soil amendments, plant amendments, or pesticides. See
  • Plant canopy: means the square footage dedicated to live plant production and does not include areas such as office space or areas used for the storage of fertilizers, pesticides, or other products. See
  • Political subdivision: means any county, city, town, or other municipality. See
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Predecessor system: shall mean , where applicable, the Vermont Employees' Retirement System and the Vermont State Police and Motor Vehicle Inspectors' Retirement System, either one of them, or a combination thereof. See
  • Prepaid access: means funds or monetary value represented in digital electronic format, including virtual currency, whether or not specially encrypted, that are stored or capable of storage on electronic media and are retrievable and transferable electronically. See
  • Principal: means one of the following:

  • Principal display panel: shall be construed to mean that part of a label that is so designed as most likely to be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. See
  • 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 both of the predecessor systems as set forth in section 458 of this title. See
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Processor: means a person who annually buys, or otherwise acquires from another person, 2,500 gallons of maple syrup or more for purposes of packaging for resale, processing into associated products, or for resale in bulk. See
  • Product: means the name of the commercial feed, feed supplement, or dosage form animal health product that identifies it as to kind, class, or specific use. See
  • Product: means the name of the fertilizer, plant amendment, plant biostimulant, soil amendment, or lime that identifies it as to kind, class, or specific use. See
  • product manufacturer: means a person licensed by the Board to manufacture cannabis products in accordance with this chapter. See
  • propagation cultivator: means a person licensed by the Board to cultivate cannabis clones, immature plants, and mature plants in accordance with this chapter. See
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public eating place: means any person or establishment engaged in the business of preparing and selling food for the general public's consumption on premises and who is subject to the license requirement of 18 V. See
  • Public place: means any street, alley, park, sidewalk, public building other than individual dwellings, any place of public accommodation as defined in 9 V. See
  • Quorum: The number of legislators that must be present to do business.
  • Ready-to-drink spirits beverage: means an alcoholic beverage containing more than one percent alcohol by volume and not more than 12 percent alcohol by volume at 60 degrees Fahrenheit obtained by distillation, by chemical synthesis, or through concentration by freezing and mixed with nonalcoholic beverages, flavoring, or coloring materials. See
  • real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Regenerative farming: means a series of cropland management practices that:

  • Registrant: means the person who registers a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime under the provisions of this chapter. See
  • Regular interest: shall mean interest at such rate or rates as may be set from time to time by the Retirement Board in accordance with subsection 472(b) of this title. See
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Request-to-cater permit: means a permit granted by the Division of Liquor Control authorizing a licensed caterer or commercial caterer to cater individual events. See
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail dealer: means any person who sells or furnishes malt beverages, vinous beverages, or ready-to-drink spirits beverages to the public. See
  • Retail delivery permit: means a permit granted by the Division of Liquor Control that permits a second-class licensee to deliver malt beverages and vinous beverages sold from the licensed premises for consumption off the premises to an individual who is 21 years of age or older at a physical address in Vermont. See
  • retailer: means a person licensed by the Board to sell cannabis and cannabis products to adults 21 years of age and older for off-site consumption or cultivation in accordance with this chapter. See
  • Retirement System: shall mean the Vermont State Retirement System as defined in section 456 of this title. See
  • road: shall include bridges thereon and their approaches. See
  • said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
  • sales territory: means the area of sales responsibility designated by any agreement or franchise between any franchisee or franchisor for the brand or brands of any franchisor or manufacturer. See
  • Sampler flight: means a flight, ski, paddle, or any similar device by design or name intended to hold alcoholic beverage samples for the purpose of comparison. See
  • seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
  • Second-class license: means a license permitting the licensee to export and to sell malt beverages, vinous beverages, or ready-to-drink spirits beverages to the public for consumption off the premises for which the license is granted. See
  • Secretary: means the Secretary for the Vermont Agency of Agriculture, Food and Markets or his or her designee. See
  • Secretary: means the Secretary of Transportation. See
  • Secretary: means the Secretary of Agriculture, Food and Markets. See
  • Service: shall mean service as an employee for which compensation is paid by the State. See
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Small cultivator: means a cultivator with a plant canopy or space for cultivating plants for breeding stock of not more than 1,000 square feet. See
  • Social Security benefit: shall mean the amount of the member's primary insurance benefit or disability insurance benefit under Title II of the Social Security Act and such other benefit or benefits as may be payable on the member's account under said title, computed on the basis of such act as in effect at the time of retirement and limited to the portion of such benefit or benefits that is attributable to service for which the member receives credit under section 458 of this title, to which a member or other person on his or her account is or would upon proper application be entitled, irrespective of earnings the member or members may be receiving in excess of any limit on earnings for full entitlement to such benefit or benefits. See
  • Soil amendment: means a substance or mixture of substance that is intended to improve the physical, chemical, biological, or other characteristics of the soil, or a distinct form of horticultural growing media used in lieu of soil. See
  • Special event permit: means a permit granted by the Division of Liquor Control permitting a licensed manufacturer or rectifier to sell, by the glass or by the unopened bottle, alcoholic beverages manufactured or rectified by the license holder at an event open to the public that has been approved by the local control commissioners. See
  • Special venue serving permit: means a permit granted by the Division of Liquor Control permitting an art gallery, bookstore, public library, or museum to conduct an event at which malt or vinous beverages, or both, are served by the glass to the public. See
  • Spirits: means beverages that contain more than one percent alcohol obtained by distillation, by chemical synthesis, or through concentration by freezing; vinous beverages containing more than 23 percent alcohol; and malt beverages containing more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Statute: A law passed by a legislature.
  • Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See
  • Subpoena: A command to a witness to appear and give testimony.
  • Successor in interest: means the mental health hospital owned and operated by the State that provides acute inpatient care and replaces the Vermont State Hospital. See
  • sworn: shall include affirmed. See
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • testing laboratory: means a person licensed by the Board to test cannabis and cannabis products in accordance with this chapter. See
  • Third-class license: means a license granted by the Board of Liquor and Lottery permitting the licensee to sell spirits and fortified wines for consumption only on the premises for which the license is granted. See
  • Ton: means a net weight of 2,000 pounds avoirdupois. See
  • Total annual sales: means the total volume of all malt beverages sold by a wholesale dealer in the last four completed calendar quarters. See
  • Total annual volume: means :

  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
  • Trustee: A person or institution holding and administering property in trust.
  • Use: includes all purposes for which a fertilizer, plant amendment, plant biostimulant, soil amendment, or lime is applied. See
  • Venue: The geographical location in which a case is tried.
  • Vermont State Retirement Fund: shall mean the fund created by section 473 of this title, which shall contain the assets of the Retirement System and from which shall be paid the benefits due to beneficiaries and the expenses of the Retirement System. See
  • Village: shall mean an incorporated village. See
  • Vinous beverages: means all fermented beverages of any name or description manufactured or obtained for sale from the natural sugar content of fruits or other agricultural product, containing sugar, the total alcoholic content of which is not less than one percent nor more than 16 percent by volume at 60 degrees Fahrenheit. See
  • Virtual currency: means a digital representation of value that:

  • Warrant: means an instrument that gives the holder the right to purchase an underlying financial instrument at a given price and time or at a series of prices and times outlined in the warrant agreement. See
  • Weight: means the weight of undried material as offered for sale. See
  • Wholesale dealer: means a packager licensed pursuant to section 272 of this title or a wholesale dealer licensed pursuant to section 273 of this title. See
  • wholesaler: means a person licensed by the Board to purchase, process, transport, and sell cannabis and cannabis products in accordance with this chapter. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.