TITLE VI
PUBLIC OFFICERS AND EMPLOYEES

Chapter 100-A
NEW HAMPSHIRE RETIREMENT SYSTEM

Section 100-A:1

    100-A:1 Definitions. –
The following words and phrases as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
I. "Retirement system" shall mean the New Hampshire Retirement System as defined in RSA 100-A:2.
II. "Board of trustees" or "board" shall mean the board provided for in RSA 100-A:14.
III. "State" shall mean the state of New Hampshire.
IV. "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 RSA 100-A:20, and (f) the community college system of New Hampshire; provided, however, that in no instance shall any employer contribute or participate in the retirement system unless by a reasonable determination of the board of trustees such employer qualifies as a governmental entity, political subdivision, agency, or instrumentality eligible to participate in the retirement system as a governmental plan within the meaning of section 414(d) of the United States Internal Revenue Code of 1986, as amended. When 2 or more employers share or merge payroll functions, each employer shall continue to be considered a separate employer for the purposes of RSA 100-A.
V. "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, 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.
VI. "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. For teachers who job share, teacher shall mean 2 individuals who share one position. For purposes of membership as a teacher under this chapter, proof of appropriate certification by the department of education or appropriate professional licensure shall be maintained by the employer and available to the retirement system.
VII. "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;
(2) Has full general arrest powers;
(3) As a job requirement is fully certified as a police officer by the New Hampshire police standards and training council; and
(4) As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as a police officer that may be established by the certifying authority.
(b) Correctional line personnel employed in the department of corrections who:
(1) Work within a correctional facility in close and immediate contact with prisoners on a daily basis and have responsibility for security;
(2) As a job requirement are fully certified as correctional personnel by the commissioner of corrections after successful completion of a course of training approved by the police standards and training council; and
(3) As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as correctional personnel that may be established by the certifying authority.
(c) Correctional line personnel employed in a county correctional facility who:
(1) Work within a correctional facility in close and immediate contact with prisoners on a daily basis and have responsibility for security;
(2) As a job requirement are fully certified as correctional personnel by the New Hampshire Association of Counties after successful completion of a course of training approved by the police standards and training council;
(3) As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as correctional personnel that may be established by the certifying authority; and
(4) Are employed by a county which has elected to transfer correctional line personnel from group I to group II under RSA 100-A:20, III.
(d) A state corrections officer who:
(1) Is responsible for the physical custody and security of inmates at a state correctional facility;
(2) Is authorized by law to use force to prevent escapes from such facility;
(3) As a job requirement is fully certified as a corrections officer by the New Hampshire police standards and training council; and
(4) As a job requirement shall meet all the physical, mental, educational, and other qualifications for continuing certification as a corrections officer that may be established by the certifying authority.
(e) Full-time marine patrol officers employed in the department of safety who have all the powers of a peace officer under RSA 270:12-a.
(f) A probation-parole officer employed full time in the division of field services of the department of corrections pursuant to RSA 504-A who:
(1) Has close and immediate contact with felons on a regular basis;
(2) Has an assigned caseload;
(3) Is responsible for the prevention, detention, or prosecution of crime and the enforcement of the laws of the state, the orders of the court, and the conditions imposed on probationers and parolees by the court;
(4) Has full arrest powers of all probationers and parolees as provided in RSA 504-A;
(5) Has the power to search the residence of a probationer or parolee;
(6) Has close contact with felons prior to sentencing when preparing a pre-sentence investigation that includes a disposition recommendation for the court, and supervision when placed on probation or parole. Investigation and supervision may be conducted in the person's residence, in state or county correctional facilities, in drug centers, or elsewhere;
(7) Has responsibility to return to the courts or to the parole board those felons who violate conditions of probation or parole;
(8) Has responsibility for the intrastate and interstate transportation of fugitive felons;
(9) Is aware that all parolees have served time in prison, and that many probationers have served time in state or county correctional facilities or are on a suspended commitment sentence;
(10) As a job requirement, is fully certified as a probation-parole officer by the police standards and training council after successful completion of a training program, including the use of weapons, approved by the council; and
(11) As a job requirement, meets all physical, mental, educational, and other qualifications for continuing certification as a probation-parole officer that may be established by the certifying authority.
(g) A police officer of the state office complex police force who:
(1) Has the responsibilities granted by the commissioner of safety under RSA 21-P:4, XI;
(2) Has full general arrest powers;
(3) As a job requirement is fully certified as a full-time police officer by the New Hampshire police standards and training council; and
(4) As a job requirement meets all physical, mental, educational, and other qualifications for continuing certification as a full-time police officer as established by the police standards and training council.
(h) The bureau chief for emergency preparedness and response with the department of health and human services, division of health public services who:
(1) Has the authority and responsibility to engage in the prevention and control of public health incidents or emergencies;
(2) As a job requirement is fully certified as an emergency preparedness official qualified to administer emergency planning, response and recovery activities in the event of natural disasters, public health crises or similar incidents; and
(3) As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as an emergency preparedness official that may be established by the certifying authority.
VII-a. Notwithstanding the provisions of paragraph VII of this section, "permanent policeman" for purposes of membership in group II shall not include any of the following:
(a) Any dispatcher, mechanic, electrician, laboratory or clerical worker, technical expert, or other person employed in a police department or correctional facility who does not meet all the requirements of paragraph VII; provided, however, that performance of such functions by any person who as a job requirement does meet all the requirements of paragraph VII shall not disqualify the person from membership in group II;
(b) Any bingo or lucky 7 inspector, any juvenile probation and parole officer, or any person employed in the bureau of trails of the department of natural and cultural resources; or
(c) Any other person whose normal duties entail only indirect, occasional, or short-term exposure, or no exposure, to the hazards of police or correctional work.
VII-b. "Job requirement" as used in paragraphs VII and VII-a of this section shall mean a requirement that must be met as a condition for employment in a particular job, either from the date of hire or within a specified time interval not to exceed 2 years after the date of hire.
VII-c, VII-d. [Repealed.]
VIII. "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;
(2) As a job requirement is fully certified as a firefighter by the New Hampshire fire standards and training commission; and
(3) As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as a firefighter that may be established by the certifying authority.
(b) A forest ranger of the division of forests and lands who:
(1) Has the responsibility to engage in the prevention, control, or extinguishment of forest fires and activities related to the fighting of forest fires;
(2) As a job requirement is fully certified as a forest ranger qualified to fight forest fires by the New Hampshire fire standards and training commission, or by the director of the division of forests and lands; and
(3) As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as a forest ranger that may be established by the certifying authority.
(c) The bureau chief for emergency preparedness and response with the department of health and human services, division of health public services who:
(1) Has the authority and responsibility to engage in the prevention and control of public health incidents or emergencies;
(2) As a job requirement is fully certified as an emergency preparedness official qualified to administer emergency planning, response and recovery activities in the event of natural disasters, public health crises or similar incidents; and
(3) As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as an emergency preparedness official that may be established by the certifying authority.
VIII-a. Notwithstanding the provisions of paragraph VIII of this section, "permanent fireman" for purposes of membership in group II shall not include any of the following:
(a) Any dispatcher, mechanic, electrician, laboratory or clerical worker, technical expert, or other person employed in a fire department or by the division of forests and lands who does not meet all the requirements of paragraph VIII; provided, however, that performance of such functions by any person who as a job requirement does meet all the requirements of paragraph VIII shall not disqualify the person from membership in group II; or
(b) Any other person whose normal duties entail only indirect, occasional, or short-term exposure, or no exposure, to the hazards of firefighting.
VIII-b. "Job requirement" as used in paragraphs VIII and VIII-a of this section shall mean a requirement that must be met as a condition for employment in a particular job, either from the date of hire or within a specified time interval not to exceed 2 years after the date of hire.
VIII-c. [Repealed.]
IX. "Call fireman" shall mean a fireman not regularly employed by a fire department, but answering for duty only to fire alarms.
X. "Member" shall mean any person included in the membership of the retirement system, as provided in RSA 100-A:3.
(a) "Group I members" shall mean employees and teachers.
(b) "Group II members" shall mean permanent policemen and permanent firemen.
XI. "Beneficiary" shall mean any person receiving a retirement allowance or other benefit as provided herein.
XII. "Widow" shall mean also widowers.
XIII. "Service" shall mean service as an employee, a teacher, a permanent policeman or a permanent fireman which is paid for by an employer.
XIV. "Membership service" shall mean service rendered while a member of the retirement system.
XV. "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.
XVI. "Creditable service" shall mean prior service plus membership service, as provided in RSA 100-A:4.
XVII. "Earnable compensation" shall mean:
(a) For members who have attained vested status prior to January 1, 2012 the full base rate of compensation paid, as determined by the employer, plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, annual attendance stipend or bonus, additional pay for extracurricular and instructional activities for full-time teachers and full-time employees who are employed in paraprofessional or support position, additional pay for instructional activities of full-time faculty of the community college system, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except cash incentives paid by an employer to encourage members to retire, supplemental pay paid by the employer while the member is receiving workers' compensation, and teacher development pay that is not part of the contracted annual salary. Compensation for extra and special duty, as reported by the employer, shall be included but limited during the highest 3 years of creditable service as provided in paragraph XVIII. However, earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 1-1/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees, teachers, permanent firemen, and permanent policemen who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member's termination of employment from a retirement eligible position, with the limited exceptions of disability related severance pay paid to a member or retiree no later than 120 days after a decision by the board of trustees granting the member or retiree disability retirement benefits pursuant to RSA 100-A:6 and of severance pay which a member was entitled to be paid within 120 days after termination but which, without the consent of the member and not through any fault of the member, was paid more than 120 days after the member's termination. The member shall have the burden of proving to the board of trustees that any severance payment paid later than 120 days after the member's termination of employment is earnable compensation and meets the requirements of an asserted exception to the 120-day post-termination payment requirement.
(b)(1) For members who have not attained vested status prior to January 1, 2012, the full base rate of compensation paid, as determined by the employer, plus compensation over base pay. Compensation over base pay shall include as applicable, subject to subparagraphs (2), (3), and (4), any overtime pay, cost of living bonus, annual attendance stipend or bonus, annual longevity pay, additional pay for extracurricular and instructional activities for full-time teachers and full-time employees who are employed in paraprofessional or support position, additional pay for instructional activities of full-time faculty of the community college system, compensation for extra and special duty, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except supplemental pay paid by the employer while the member is receiving workers' compensation and teacher development pay that is not part of the contracted annual salary.
(2) Compensation over base pay shall be limited during the highest 5 years of creditable service as provided in paragraph XVIII.
(3) Earnable compensation shall not include compensation for extra and special duty for members who commence service on and after July 1, 2011.
(4) Earnable compensation shall not include incentives to encourage members to retire, severance pay or end-of-career additional longevity payments, and pay for unused sick or vacation time. Earnable compensation in the final 12 months of creditable service prior to termination of employment shall be limited to 11/2 times the higher of the earnable compensation in the 12-month period preceding the final 12 months or the highest compensation year as determined for the purpose of calculating average final compensation, but excluding the final 12 months. Any compensation received in the final 12 months of employment in excess of such limit shall not be subject to member or employer contributions to the retirement system and shall not be considered in the computation of average final compensation. Provided that, the annual compensation limit for members of governmental defined benefit pension plans under section 401(a)(17) of the United States Internal Revenue Code of 1986, as amended, shall apply to earnable compensation for all employees, teachers, permanent firemen, and permanent policemen who first become eligible for membership in the system on or after July 1, 1996. Earnable compensation shall not include compensation in any form paid later than 120 days after the member's termination of employment from a retirement eligible position.
XVIII. "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. For purposes of this calculation, the inclusion of the average annual compensation for extra and special duty in the 3 years shall not exceed the average annual amount of compensation for extra and special duty paid to the member over the member's last 7 years of creditable service on or after July 1, 2009, as reported by the employer in accordance with RSA 100-A:16, VI, or over all of the years in his or her creditable service on or after July 1, 2009 if less than 7 years.
(b) For members who commenced service on or after July 1, 2011 or who have not attained vested status prior to January 1, 2012, the average annual earnable compensation of a member during his or her highest 5 years of creditable service, or during all of the years in his or her creditable service if less than 5 years. For purposes of inclusion in this calculation, the average percentage of compensation paid in excess of the full base rate of compensation in the highest 5 years shall not exceed the average percentage of compensation paid in excess of the full base rate of compensation over all the member's years of service on or after January 1, 2012, but excluding the highest 5 years.
XIX. "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 RSA 100-A:16, II(g).
XX. "Member annuity" shall mean annual payments for life derived from the accumulated contributions of the member.
XXI. "State annuity" shall mean annual payments for life derived from contributions by an employer.
XXII. "Retirement allowance" shall mean the sum of the member annuity and the state annuity. All retirement allowances shall be payable in equal monthly installments which shall cease with the last monthly payment prior to death, unless otherwise specifically provided for herein; provided, however, that if the retirement allowance is less than $10 per month, it may be paid, at the discretion of the board of trustees, in quarterly or semiannual installments due at the midpoint of such period, or in a lump sum of equivalent actuarial value.
XXIII. "Retirement" shall mean withdrawal from active service with a retirement allowance granted under the provisions hereof.
XXIV. "Regular interest" shall mean interest at such rate or rates compounded annually as may be set from time to time by the board of trustees in accordance with RSA 100-A:14, VIII.
XXV. "Actuarial equivalent" shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the board of trustees.
XXVI, XXVII. [Repealed.]
XXVIII. "Predecessor system" shall mean, where applicable, the Employees' Retirement System of the State of New Hampshire, the New Hampshire Teachers' Retirement System, the New Hampshire Policemen's Retirement System, and the New Hampshire Permanent Firemen's Retirement System, any one of them, or any combination thereof.
XXIX. "Actuary" shall mean (a) a member of the American Academy of Actuaries or (b) an individual who has demonstrated to the satisfaction of the state insurance commissioner that he has the educational background necessary for the practice of actuarial science and has had at least 7 years of actuarial experience.
XXX. "Terminal funding" shall mean providing the full present value of the total liability for benefit improvement.
XXXI. "Spousal acknowledgment" means a written recognition, signed by a member's spouse, of the benefit payment plan selected by the member under the provisions of RSA 100-A:5, RSA 100-A:6, RSA 100-A:10, or RSA 100-A:19-a-19-h that is filed with the retirement system on a form prescribed by the board of trustees at the time of retirement and when the member elects a change in benefit payment as allowed under RSA 100-A:13.
XXXII. "Extra or special duty" means member work activities or details for which the employer bills or charges another entity, in whole or in part, for the work activities or details provided.
XXXIII. "Qualified military service" means any service in the uniformed services as defined in 38 U.S.C. chapter 43, the Uniformed Services Employment and Reemployment Rights Act (USERRA), by any member if such member is entitled to reemployment rights under the Uniformed Services Employment and Reemployment Rights Act with respect to such service.
XXXIV. "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 RSA 100-A:7-b. Notwithstanding the foregoing, no retired member shall be employed on a part-time basis by any participating employer for a period of 28 days from the member's effective date of retirement.
XXXV. "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 RSA 100-A:16.
XXXVI. "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.
XXXVII. "Normal retirement age" means:
(a) For a group I member, age 60 if the member commenced service before July 1, 2011; otherwise, age 65.
(b)(1) For a group II member who is in vested status before January 1, 2012, the later of the date that the member has both attained age 45 and completed 20 years of creditable service;
(2) For a group II member who commenced service on or after July 1, 2011, the later of the date that the member has both attained age 52.5 and completed 25 years of creditable service;
(3) For a group II member who commenced service prior to July 1, 2011, and who has not attained vested status prior to January 1, 2012, as provided in the transition provisions in RSA 100-A:5, II(d); or
(4) For any group II member in service, age 60 regardless of the number of years of creditable service.

Source. 1967, 134:1; 405:1, 2. 1969, 354:2. 1971, 511:1. 1972, 37:2. 1973, 134:1; 275:1. 1975, 453:1; 461:2; 489:1. 1977, 573:2; 588:49; 599:3. 1981, 536:3-7. 1986, 95:1. 1987, 292:11; 335:1-3. 1988, 161:1-3, 11, I-III. 1990, 162:5; 249:6. 1991, 313:1; 358:1. 1993, 53:2; 331:8. 1994, 334:1. 1995, 269:5, I, II; 270:1. 1996, 13:6; 187:1. 1997, 274:1. 2000, 120:1; 294:7. 2001, 158:5; 275:6. 2004, 257:48. 2006, 51:1; 120:2-4. 2007, 268:1; 361:36. 2008, 300:1. 2009, 144:51; 324:1. 2010, 199:6. 2011, 224:161, 163, 178; 248:2. 2012, 166:1, eff. June 7, 2012; 194:1, eff. Jan. 1, 2012; 194:4, 5, eff. June 11, 2012; 261:1, eff. July 1, 2012. 2014, 183:1-3, eff. July 1, 2014. 2017, 156:14, I, eff. July 1, 2017. 2018, 234:4, 5, eff. July 1, 2019; 293:1, eff. Jan. 1, 2019. 2019, 214:2, eff. Sept. 10, 2019. 2021, 122:6, 67, eff. Sept. 7, 2021.

Section 100-A:2

    100-A:2 Name and Date of Establishment. – The retirement system hereby created shall be established as of July 1, 1967. It shall be known as the New Hampshire retirement system, and by such name all of its business shall be transacted, all of its funds invested, and all of its cash, securities and other property held in trust for the purpose for which received, and is intended for all time to meet the requirements of a qualified pension trust within the meaning of section 401(a), and to qualify as a governmental plan within the meaning of section 414(d) of the United States Internal Revenue Code of 1986, as amended.

Source. 1967, 134:1. 1991, 358:3, eff. June 30, 1991.

Section 100-A:2-a

    100-A:2-a Registration of Securities. – Notwithstanding the provisions of RSA 100-A:2, the board of trustees may cause any stock or other securities to be registered and held in the name of a nominee without mention of the retirement system's ownership, provided that no nominee shall have possession of or access to the stock or other securities unless the nominee shall be an officer of a corporate custodian of such stock or other securities, in which case the custodian shall maintain on its books accurate and current records of the New Hampshire retirement system's interest in such stock or other securities and the custodian shall be strictly liable for all acts or omissions of the nominee in connection with such stock or other securities and the nominee shall be bonded by the custodian.

Source. 1969, 353:2. 1975, 379:1, eff. June 7, 1975.

Section 100-A:2-b

    100-A:2-b Marriage. – RSA 457 shall not apply to this chapter to the extent that such application will violate the Internal Revenue Code of 1986, as amended, or other federal law.

Source. 2008, 347:1. 2009, 59:7, eff. Jan. 1, 2010.

Section 100-A:3

    100-A:3 Membership. –
I. (a) Any person who becomes an employee, teacher, permanent policeman, or permanent fireman after the date of establishment, working in a position for an employer under this chapter as determined by common law standards, shall become a member of the retirement system as a condition of employment. In addition, employees appointed to an unclassified position with no fixed term on or after July 1, 2011 shall become members of the retirement system as a condition of employment, if they are receiving benefits from the retirement system. Any retirement benefit collected by such an unclassified employee shall be suspended during the period of employment. Membership in the retirement system shall be optional in the case of elected officials, officials appointed for fixed terms, employees appointed to an unclassified position with no fixed term prior to July 1, 2011, or those employees of the general court who are eligible for membership in the retirement system. Elected officials and officials appointed for fixed terms shall, however, be eligible for membership in the retirement system only under the following conditions:
(1) The office held is a full-time position with eligibility for the same fringe benefits as other full-time employees of the employer;
(2) The office held is the primary occupation of the person holding the office;
(3) The base rate of annual compensation for the office held is at least $15,000, and requires at least 1,700 hours of employment; and
(4) The official satisfies the condition under subparagraphs (1)-(3) by using only one elected or appointed office to qualify.
(5) Notwithstanding subparagraph (4), an official who concurrently holds the offices of town clerk and tax collector for the same employer, and who is eligible for the same fringe benefits as other full-time employees of the employer, may satisfy the conditions under subparagraphs (2)-(3) by using both offices to qualify. Such official shall be allowed to continue membership in the retirement system if already enrolled, if the hours and salary of the combined offices meet the requirements for membership.
(b) Any employee who is currently an employee of the general court who works on a full-time basis and who is eligible for other state benefits, but whose salary was or is calculated on a per diem basis shall be eligible to exercise those buy-back provisions set forth in RSA 100-A:3, VI(a), (b), and (c) for such previous service, only if the employee is currently a member in the retirement system.
(c) [Repealed.]
(d) The option in subparagraph (a) shall not be available in the case of any newly created positions for unclassified employees or officials whether appointed with fixed terms or with no fixed terms nor in the case of any newly appointed positions created by political subdivisions after July 1, 2011.
I-a. Any person who is elected or appointed for a fixed term on or after July 1, 1989, and for whom membership in the retirement system is optional under paragraph I, shall be given by his employer written notice within a reasonable time after election or appointment of his option to join the retirement system.
II, II-a. [Repealed.]
II-b. If any employment position is changed in classification from group I to group II for any reason, such change shall not apply to any service in such position rendered prior to the effective date of the action effecting the change in classification, but the person holding such position shall thereafter be a group II member of the retirement system and upon retirement, death, or termination of service shall be entitled to split benefits as provided in RSA 100-A:19-a through 19-h.
II-c. If any employment position is changed in classification from group II to group I for any reason, a person holding such position who has completed 5 years creditable service in group II shall continue to be a group II member of the retirement system for as long as the member holds that position or a related position reached through normal career-path promotion. Any other person who has less than 5 years creditable service in group II and whose position is reclassified from group II to group I shall thereafter be a group I member of the retirement system and upon retirement, death, or termination of service shall be entitled to split benefits as provided in RSA 100-A:19-a through 19-h. Any other person holding the position or who may hold it thereafter shall be a group I member of the retirement system.
III. The board of trustees may, in its discretion, accept as members any class of employees, teachers, permanent policemen or permanent firemen whose compensation is only partly paid by an employer or who are serving on a temporary or other than per annum basis, and it may also, in its discretion, make optional with employees, teachers, permanent policemen or permanent firemen in any such class their individual entrance into membership.
III-a. [Repealed.]
III-b. Notwithstanding the provisions of RSA 100-A:1, VII, any permanent police officer certified under RSA 106-L as a full-time police officer, who has been a group II member for at least 5 years and who becomes a law enforcement training specialist or who has been a group II member for at least 10 years and becomes assistant director or director of the police standards and training council and as a job requirement has satisfied minimum standards as determined by the police standards and training council for physical condition, education and training shall be construed to be a permanent policeman for purposes of membership in group II and shall remain in the system for the duration of his or her service in that capacity with the police standards and training council.
III-c. Notwithstanding the provisions of RSA 100-A:1, VIII, any permanent fireman who has been a group II member and who has 10 years' fire service experience, or any person included in the definition of "fire service personnel" as defined in RSA 21-P:25, II(c) who has 10 years' fire service experience, who is or becomes the director of the division of fire safety, the director of the division of homeland security and emergency management, the director of the division of fire standards and training and emergency medical services, any fire instructor, supervisor, instructor, or other technical specialist who has hazardous materials, firefighting, or rescue training functions and who has as a job requirement satisfied the fire standards and training commission's entrance and certification requirements for physical condition, education, and training shall be construed to be a permanent fireman for the purposes of membership in group II and shall remain in the system for the duration of service in that capacity with the fire standards and training commission.
IV. The board of trustees shall require from any employer of employees, teachers, permanent policemen or permanent firemen covered by the retirement system such information relative to name, title, compensation, date of birth and length of service of each of its employees, teachers, permanent policemen and permanent firemen as the board may deem necessary.
V. A member shall cease to be a member if (a) he or she withdraws his or her accumulated contributions; or (b) he or she becomes a beneficiary or dies. The board of trustees shall continue the membership of a member while in the armed forces of the United States provided such member does not withdraw his or her accumulated contributions.
V-a. Notwithstanding any provision of this chapter to the contrary, if any member who is an employee of a political subdivision withdraws his accumulated contributions and ceases to be a member within 6 months of the initial date of his employment, the accumulated contributions of the employer made during that 6-month period shall be returned to that political subdivision.
VI. (a) If a member of this system or a predecessor system ceases to be a member and withdraws his accumulated contributions, and later again becomes a member and wishes to receive prior service credit for the previous time served as a member, or if a member wishes to receive prior service credit for a period during which he was employed in a temporary, unclassified, or nonclassified capacity, or in any nonpermanent full-time employment prior to becoming a member, the member may petition the board of trustees to obtain an actuary's statement indicating the costs, provided that such prior service shall have a duration of 6 months or more and further provided that the member agrees to pay for the statement.
(b) In the case of prior service credit for time served as a member for which the member's accumulated contributions have been withdrawn, the amount of creditable service purchased may be the full length of service relating to the withdrawn contributions or a partial share of such service. The amount determined by the actuary to reinstate full or partial service credit shall be the amount of withdrawn contributions, but not less than one month's contributions multiplied by the ratio of the service credit to be purchased to the full length of service relating to the withdrawn contributions, with this amount adjusted for interest from the date of withdrawal to the date of payment based on the interest rates in effect for each fiscal year. The amount determined by the actuary to purchase prior service credit related to Peace Corps and AmeriCorps service shall be computed under RSA 100-A:4, VIII. For all other prior service credit the amount determined by the actuary shall be the full actuarial cost of service credit determined by the actuary based on methods and assumptions recommended by the actuary and approved by the board of trustees, unless another calculation methodology is otherwise specified. The member may be required to prepay all or part of the actuarial calculation fee, as determined by the board. Credit shall not be granted until the active member has fully paid for such service credit in a lump sum or by installment payments as permitted by the board. The member's payment shall be credited to the member annuity savings fund.
(c) Except for service described in subparagraph (d), in no case shall prior service purchased as credible service in the New Hampshire retirement system under the provisions of this section be deemed to be creditable service for the purposes of eligibility for medical benefits after retirement under the provisions of RSA 21-I:30, RSA 100-A:52, RSA 100-A:52-a, or RSA 100-A:52-b.
(d)(1) In the case of an employer which through its own fault, and not the fault of the employee, failed to enroll an eligible employee at the time such employee became eligible for membership in this retirement system or a predecessor system, the employer and not the employee shall pay the cost of the actuary's statement obtained under this subparagraph. The actuary's statement shall be based on: (A) the member rate attributable to the period multiplied by the earnable compensation attributable to the oversight period which shall be paid by the member, plus (B) the current employer rate multiplied by the earnable compensation attributable to the oversight period which shall be paid by the employer. Upon payment, and with the approval of the board, the member shall receive credit for prior service. The amount paid by the employee for prior service credit under this subparagraph shall be credited to the member annuity savings fund, and the amount paid by the employer shall be credited to the state annuity accumulation fund.
(2) For the purposes of subparagraph (d) with respect to service rendered after June 30, 1989, only, any case of failure to enroll a person after June 30, 1989, for whom membership is compulsory under the provisions of this chapter shall be presumed to be the fault of the employer. With respect to prior service rendered after June 30, 1989, only, any case of failure to enroll a person for whom membership is optional under the provisions of this chapter shall be presumed to be the fault of the employer in the absence of documentary evidence of the person's election.
(3) In any case under subparagraph (d) in which the employee is required to pay a portion of the amount determined by the actuary, if the employee demonstrates to the satisfaction of the board that the employee is financially incapable of paying the employee portion of the amount determined by the actuary, then the employer shall pay the employer portion of the amount determined by the actuary directly to the employee, and the employee shall not receive credit for such prior service. The employee shall be eligible to receive such payment directly from the employer only if and when the employee would have been eligible for present or vested future benefits resulting from such period of prior service if the prior service had been membership service. If the employee is in service with the employer and is not eligible for such direct payment from the employer when a petition under this subparagraph is granted, then the employer shall hold the amount payable in escrow and shall pay it to the employee when the employee becomes so eligible, but upon termination of service with the employer, if the employee is still not eligible for such direct payment, the obligation to pay and all rights relating thereto shall terminate.
(e) A petition for prior service credit under subparagraph (a) shall be filed by a member and shall be filed prior to said member's retirement or death. A petition for prior service credit under subparagraph (d) shall be filed within 3 years after the end of the period for which prior service credit is requested.
(f) The board of trustees shall adopt rules, pursuant to RSA 541-A, relative to permitting employees to pay the amount determined by the actuary under subparagraph (d) on an installment basis.
VII. Temporary Assignment to Another Department; Compensation. Any permanent policeman in service who is, at the time of his death or disability, working for some other than his own police department or a component of the state or federal government on a temporary assignment shall be compensated as though he was working for his own department and shall receive the same benefits that would have accrued to him if he had been working for his own department, provided that the policeman was working with the knowledge and approval of his commanding officer, police chief, selectmen, or city or town manager. This section shall apply to any permanent policeman working under cover, on emergency duty or in a training capacity. In the event such temporary assignment should exceed 10 working days, it shall be the obligation of the receiving agency of the assignee to insure that all member and employer contributions as required by RSA 100-A are properly transmitted to the New Hampshire retirement system.
VIII. [Repealed.]
IX. If there is any doubt as to the proper classification of a job in the retirement system, the trustees shall determine whether the person holding the job is an employee, teacher, permanent policeman, or permanent fireman as defined in RSA 100-A:1; provided, however, that a 2/3 vote shall be required to classify the job in group II, and further provided that in the case of a newly-created job held by more than one person, the job shall be classified in group I unless it is explicitly placed in group II by the legislation creating the job in the case of a state job, or by a majority vote of the legislative body of the political subdivision in the case of a political subdivision job. For the purposes of this paragraph, an increase in the number of persons holding a given job with a given employer shall not be considered as creation of a new job. No job shall be reclassified from group I to group II of the retirement system without legislation specifically authorizing a transfer from group I to group II.

Source. 1967, 134:1; 405:3. 1969, 354:3. 1974, 33:4; 35:19. 1977, 389:2; 546:2. 1981, 536:8. 1983, 304:2. 1985, 415:11. 1987, 335:4, 5. 1988, 53:1; 161:4, 5. 1989, 187:1; 238:9, I; 323:1, 2, 4; 388:8. 1990, 249:1, 7. 1991, 142:1; 313:2. 1994, 389:19. 1997, 135:10. 2001, 105:2; 165:1. 2002, 137:6; 140:1; 257:3. 2003, 124:1; 319:123. 2004, 171:31. 2005, 52:1. 2006, 120:5; 178:1. 2008, 233:2; 300:2; 361:15. 2011, 224:177, eff. July 1, 2011. 2013, 251:4, eff. July 24, 2013; 257:32, eff. July 24, 2013 at 12:01 a.m. 2014, 183:4, eff. July 1, 2014. 2017, 206:8, eff. Sept. 8, 2017. 2019, 38:1, 2, eff. July 14, 2019; 147:1, eff. Aug. 30, 2019; 339:2, eff. July 1, 2020; 346:149, III, eff. July 1, 2019.

Section 100-A:4

    100-A:4 Creditable Service. –
I. With respect to service rendered prior to the date of membership, each employee, teacher, permanent policeman or permanent fireman who has become a member of the New Hampshire retirement system following prior service in any predecessor system, shall have included as creditable service hereunder all service credited to him under the terms of one or more of the predecessor systems, provided his membership continues unbroken until his retirement. Should the employee, teacher, permanent policeman or permanent fireman whose membership is broken again become a member, he shall enter the retirement system as a member not entitled to such prior service credit, except as provided in RSA 100-A:7.
II. Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of his membership service since he became a member or since he last became a member in the event of a break in membership, and the prior service, if any, which is credited to him under paragraph I.
III. (a) The board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall it allow credit for a period of absence without pay of more than a month's duration, nor shall more than one year of service be creditable for all service in a calendar year. Service rendered for the full normal working time in any year shall be equivalent to one year's service.
(b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period not in excess of one year. To receive creditable service, a member shall file a department of labor memo of payment of disability compensation form, with the board of trustees, verifying the first and last payment of disability compensation for each new unrelated injury.
III-a. Notwithstanding the provisions of paragraph III of this section, any group I or group II member who is absent without salary due to a disability for which the member is compensated by a salary continuance plan which is funded wholly or partially by the member's employer shall continue to accrue creditable service until the earlier of such time as the member returns to work, dies, retires, is no longer compensated by such salary continuance plan, or is no longer employed by the employer. Amounts received under such salary continuance plan are earnable compensation to the extent attributable to employer funding and shall be subject to the regular member contributions required under RSA 100-A:16 and the required employer and state contributions, if applicable, as are in effect from time to time. All such contributions shall be remitted to the retirement system in accordance with remittance procedures of the board of trustees. Any group I or group II member who is absent without salary due to a disability for which the member is compensated by a salary continuance plan which has not been funded in whole or in part by the member's employer shall not accrue any creditable service for the period of such absence. Further, amounts received from such salary continuance plan shall not be included as earnable compensation for purposes of the retirement system.
III-b. Notwithstanding any provision of paragraph III to the contrary, any teacher in service on or after July 1, 1995, who equally shares a job-sharing fulltime position with another teacher shall be eligible for membership in the retirement system. Any such teacher shall accrue full creditable service for the entire period of job-sharing and shall be credited with earnable compensation at the compensation actually paid to such teacher. Creditable service and earnable compensation for any currently active or retired teacher who shared a job-sharing teaching position with another teacher during any period prior to July 1, 1995, shall not be recalculated to conform with the provisions of this paragraph but shall remain in effect as each was originally granted.
IV. Any employee, teacher, permanent policeman or permanent fireman who after the date of establishment terminated his or her employment in order to enter directly into the armed forces of the United States or other qualified military service within the meaning of section 414(u)(5) of the United States Internal Revenue Code of 1986, as amended, shall be entitled to service credit for the period of such qualified military service, provided he or she again becomes employed within a year after the termination of such service, unless he or she is prevented from such reemployment by virtue of disability incurred during the period of such qualified military service, and provided further that he or she elects to make, and makes within a period of time equal to 3 times the length of time of such service, but not more than 5 years, all payments to the system he or she would have been required to make had he or she been so employed during the period of such qualified military service.
V. Notwithstanding the provisions of paragraph IV any member who after the date of establishment terminates his or her employment in order to enter directly into the armed forces of the United States or other qualified military service of the United States and the period of such service does not exceed 3 years, shall be entitled to service credit for the period of such service, provided he or she again becomes employed within a year after termination of such service, unless he or she is prevented from such reemployment by virtue of disability incurred during the period of such service.
VI. (a) Notwithstanding any other provision of this section, a member in active service in the retirement system who has completed 10 years of creditable service in the state, shall be entitled to receive credit, upon payment by the member of the cost of such credit and upon approval of the board, for not more than 3 years of additional creditable service for active service in the armed forces of the United States, subject to the following:
(1) The member is not receiving military retirement benefits at the time of application for such credit, other than disability allowances.
(2) The member is honorably discharged or is an officer honorably separated from the military service of the United States, or is in active status in the New Hampshire national guard or organized reserve. A member on active status in the New Hampshire national guard or organized reserve may apply such service time on a ratio of 5 years active national guard or reserve service to one year of available additional creditable service under this paragraph.
(3) The member is not at the time of application for credit receiving any retirement benefits under this chapter or under any predecessor system.
(b) Credit for active service in the armed services shall not be made until the member has paid either in lump sum or, if permitted by the board of trustees, by installment deductions from pay from an employer. The actuary's statement shall be the full actuarial cost of service credit determined by the actuary based on methods and assumptions recommended by the actuary and approved by the board of trustees.
(c) Additional creditable service purchased under this paragraph shall not be used as creditable service for the purpose of determining service retirement eligibility or for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30, RSA 100-A:52, RSA 100-A:52-a, or RSA 100-A:52-b.
VII. [Repealed.]
VIII. Any employee, teacher, permanent policeman, or permanent fireman who has completed at least 5 years of membership service and who terminates his or her employment in order to enter directly into the Peace Corps or AmeriCorps, shall be entitled to service credit for the period of such Peace Corps or AmeriCorps service, provided he or she again becomes employed within a year after the termination of such service and provided further that he or she elects to make, and makes while in active service and within a period of time equal to 3 times the length of time of such service, but not more than 5 years, all payments of the full actuarial cost to the system. The full actuarial cost of service credit purchases under this paragraph shall be determined by the actuary based on methods and assumptions recommended by the actuary and approved by the board of trustees. The member may be required to prepay all or part of the actuarial calculation fee, as determined by the board. Credit shall not be granted until the active member has fully paid for such service credit in a lump sum or by installment payments as permitted by the board. The member's payment shall be credited to the member annuity savings fund. The amount of service credit purchased under this paragraph shall not exceed the least of (a) 2 years or (b) the member's actual period of Peace Corps and AmeriCorps service or (c) 5 years minus the period of nonqualified service credit purchased by the member pursuant to former RSA 100-A:4, VII. Creditable service purchased under this paragraph shall not be used for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30, RSA 100-A:52, RSA 100-A:52-a, or RSA 100-A:52-b.

Source. 1967, 134:1; 405:12. 1974, 33:5. 1977, 409:1. 1989, 238:1. 1990, 162:6. 1994, 242:1. 1995, 269:1; 270:2, 3. 2000, 37:1. 2003, 234:1. 2004, 51:1. 2006, 120:6; 178:8. 2007, 268:11, I. 2008, 233:1, eff. Aug. 19, 2008. 2014, 183:5, eff. July 1, 2014. 2019, 38:3, eff. July 14, 2019.

Section 100-A:4-a

    100-A:4-a Creditable Service for Active Teachers Employed on June 30, 1985. –
I. Notwithstanding any provisions of RSA 100, RSA 100-A, or RSA 192 to the contrary, every currently active teacher teaching during the 1984-85 school year who was in service prior to July 1, 1950, but who was not in service on July 1, 1950, and who subsequently reentered service as a teacher after that date, shall be permitted to acquire full credit for all service rendered prior to July 1, 1950, as provided in paragraphs II and III. Such teachers shall be eligible for such benefits as are provided for group I members under this chapter including credit for such prior service as is allowable under paragraphs II and III, as if they had become members of the New Hampshire teachers' retirement system at its inception, and prior to its merger with the retirement system.
II. Every currently active teacher teaching during the 1984-85 school year as set forth in paragraph I whose prior service does not include credit for service as a teacher which he performed between July 1, 1945, and June 30, 1950, shall be permitted to acquire full credit for all service rendered between those dates by filing written notice with the board of trustees between July 1, 1985, and June 30, 1986, and paying the amount, not to exceed $100 per year, which he would have paid to the former New Hampshire teachers' retirement system, RSA 192, to acquire such credit had he been a member of that predecessor system on July 1, 1950.
III. Every currently active teacher teaching during the 1984-85 school year as set forth in paragraph I whose prior service does not include credit for service as a teacher which he performed before July 1, 1945, shall receive credit for all service rendered before July 1, 1945, without any payment by the teacher.

Source. 1985, 273:1, eff. June 30, 1985.

Section 100-A:4-b

    100-A:4-b Repealed by 2011, 224:186, II, eff. June 29, 2011. –

Section 100-A:4-c

    100-A:4-c Repealed by 2011, 224:186, III, eff. June 29, 2011. –

Section 100-A:5

    100-A:5 Service Retirement Benefits. –
I. Group I Members.
(a) Any group I member may retire on a service retirement allowance upon written application to the board of trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing thereof, the member desires to be retired, provided the member at the time so specified for retirement has attained age 60 and notwithstanding that during such period of notification the member may have separated from service. For the purposes of this section, a teacher member of group I who remains in service throughout a school year shall be deemed to be in service during July and August at the end of such school year. Provided, however, that a group I member who commenced service on or after July 1, 2011 shall not receive a service retirement allowance until attaining the age of 65; but may receive a reduced allowance after age 60 if the member has at least 30 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 65 years of age, by 1/4 of one percent.
(b) Upon service retirement, an employee member or teacher member of group I shall receive a service retirement allowance which shall consist of a member annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement, and a state annuity. Prior to the member's attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/60 of the member's average final compensation multiplied by the number of years of creditable service. After attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/66 of the member's average final compensation multiplied by the number of years of creditable service. Provided, however, that a group I member who commenced service on or after July 1, 2011 shall not receive a service retirement allowance until attaining the age of 65; but may receive a reduced allowance after age 60 if the member has at least 30 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 65 years of age, by 1/4 of one percent.
(c) Notwithstanding any other provision of law, any group I member who commenced service prior to July 1, 2011 who meets the requirements of RSA 100-A:10, I(a), and who has either completed at least 20 years of creditable service which, when combined with his or her age equals at least 70 years, or who has attained the age of 50, but not the age of 60, may elect to retire and have benefits commence immediately as a reduced service retirement allowance upon written application to the board of trustees setting forth the time, not less than 30 days nor more than 90 days subsequent to the filing thereof, at which the member desires to have benefits commence. The service retirement allowance shall be determined in accordance with RSA 100-A:5, I(b) and shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 60 years of age, by 1/8 of one percent if the member has 35 years or more of creditable service, by 1/4 of one percent if the member has 30 years but less than 35 years of creditable service, by 1/3 of one percent if the member has at least 25 years but less than 30 years of creditable service, by 5/12 of one percent if the member has at least 20 years but less than 25 years of creditable service, and by 5/9 of one percent if the member has less than 20 years of creditable service.
(d) [Repealed.]
II. Group II Members.
(a) Any group II member in service, who is in vested status before January 1, 2012, who has attained age 45 and completed 20 years of creditable service, and any group II member who commenced service on or after July 1, 2011 who has attained age 50 and completed 25 years of creditable service, and group II members who have not attained vested status prior to January 1, 2012 as provided in the transition provisions in RSA 100-A:5, II(d), or any group II member in service who has attained age 60 regardless of the number of years of creditable service, may retire on a service retirement allowance upon written application to the board of trustees setting forth at what time not less than 30 days nor more than 90 days subsequent to the filing thereof the member desires to be retired, notwithstanding that during such period of notification the member may have separated from service. Provided, however, that a group II member who commenced service on or after July 1, 2011 shall not receive a service retirement allowance until attaining the age of 52.5; but may receive a reduced allowance after age 50 if the member has at least 25 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 52.5 years of age, by 1/4 of one percent.
(b) Upon service retirement, a group II member shall receive a service retirement allowance which shall consist of:
(1) A member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and
(2) For members who are in vested status before January 1, 2012, a state annuity which, together with his or her member annuity, shall be equal to 2-1/2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service not in excess of 40 years, or for members who commenced service on or after July 1, 2011, a state annuity which, together with his or her member annuity, shall be equal to 2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service not in excess of 42.5 years, and group II members who have not attained vested status prior to January 1, 2012 shall be as provided in the transition provisions in RSA 100-A:5, II(d) with the maximum number of years of creditable service not in excess of 40.5 years.
(3) Provided, however, that a group II member who commenced service on or after July 1, 2011 shall not receive a service retirement allowance until attaining the age of 52.5; but may receive a reduced allowance after age 50 if the member has at least 25 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 52.5 years of age, by 1/4 of one percent.
(c)(1) Notwithstanding any provision of RSA 100-A to the contrary, any group II member who is in vested status before January 1, 2012 and has retired on or after the effective date of this subparagraph after attaining the age of 45 with at least 20 years of creditable service, and any group II member who commenced service on or after July 1, 2011 and retires after the effective date of this subparagraph after attaining the age of 50 with at least 25 years of creditable service, and group II members who have not attained vested status prior to January 1, 2012 who qualify as provided in the transition provisions in RSA 100-A:5, II(d), shall receive a minimum annual service retirement allowance of $10,000. If such group II member has elected to convert the retirement allowance into an optional allowance for the surviving spouse under RSA 100-A:13, the surviving spouse shall be entitled to a proportional share of the $10,000.
(2) [Repealed.]
(3) [Repealed.]
(d) Active group II members who commenced service prior to July 1, 2011 and who have not attained vested status prior to January 1, 2012 shall be subject to the following transition provisions for years of service required for regular service retirement, the minimum age for regular service retirement, and the multiplier used to calculate the retirement annuity, which shall be applicable on or after January 1, 2012 according to the following table:
(1) Less than 4 years 24 age 49 2.1%
 (2) At least 4 years but less than 6 years 23 age 48 2.2%
 (3) At least 6 years but less than 8 years 22 age 47 2.3%
 (4) At least 8 years but less than 10 years 21 age 46 2.4%
 

Source. 1967, 134:1; 405:4. 1973, 449:1, 2; 524:1. 1974, 33:1. 1975, 435:1. 1977, 510:2. 1979, 297:1, 2; 420:3, 4. 1981, 568:162. 1983, 223:1; 322:2. 1986, 95:2. 1987, 248:1; 362:1; 394:1, 2. 1988, 193:1, 10. 1991, 313:3. 1992, 112:1. 2000, 120:2, 6. 2011, 224:166, eff. July 1, 2011.

Section 100-A:6

    100-A:6 Disability Retirement Benefits. –
I. Group I Members.
(a) Upon the application of a group I member in service or of his employer, any such member who has 10 or more years of creditable service may be retired by the board of trustees on an ordinary disability retirement allowance, not less than 30 nor more than 90 days subsequent to the filing of such application; provided that a physician or physicians designated by the board of trustees, after a medical examination of such member, shall certify, and the board shall find, that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired.
(b)(1) Upon ordinary disability retirement, the group I member who has attained age 60 shall receive an ordinary disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member's accumulated contributions at the time of his ordinary disability retirement, and a state annuity as follows:
(A) Prior to the member's attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/60 of the member's average final compensation at the time of his ordinary disability retirement multiplied by the number of years of creditable service at the time of his ordinary disability retirement;
(B) After attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/66 of the member's average final compensation at the time of his ordinary disability retirement multiplied by the number of years of creditable service at the time of his ordinary disability retirement;
(C) Regardless of age at disability, the ordinary disability retirement allowance shall not be less than 25 percent of the member's average final compensation at the time of his disability retirement.
(2) Upon ordinary disability retirement, the group I member who has not attained age 60 shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of his ordinary disability retirement; and a state annuity which, together with the member annuity, shall be equal to 1.5 percent of the member's average final compensation at the time of his ordinary disability retirement multiplied by the number of years of creditable service at that time of his ordinary disability retirement. However, regardless of age at disability, the ordinary disability retirement allowance shall not be less than 25 percent of the member's average final compensation at the time of his disability retirement.
(c)(1) Upon the application of a group I member in service or of the member's employer, any member shall be retired by the board of trustees on an accidental disability retirement allowance where the member has been totally and permanently incapacitated for duty as the natural and proximate result of either:
(A) An accident occurring while in the actual performance of duty at some definite time and place; or
(B) Repeated trauma or gradual degeneration occurring while in the actual performance of duty, or arising out of and in the course of employment; or
(C) Any occupational disease arising out of or in the course of employment as defined by RSA 281-A:2, XI, RSA 281-A:2, XIII, or RSA 281-A:17.
(2) The provisions of subparagraph (c)(1) shall apply provided that:
(A) The member is found to be mentally or physically incapacitated for the further performance of duty and that such incapacity is likely to be permanent;
(B) The member did not intend for injury to result from the member's conduct; and
(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employer's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43.
(3) The member applying pursuant to subparagraph (c)(1) shall have the burden of proving causation before the board of trustees if the member enters into a lump sum settlement of an injury claim that was at any time denied by the employer or the employer's insurance carrier and not found compensable by final decision of the labor commissioner or the compensation appeals board after hearing pursuant to RSA 281-A:43. In the case of any lump sum settlement, the board of trustees shall require the member seeking disability retirement benefits to prove by a preponderance of the evidence the existence of a work-related injury of the type described in subparagraph (c)(1)(A)-(C), and also that the work-related injury naturally and proximately resulted in the member's total and permanent incapacity from duty.
(4) If the board of trustees is unable to grant ordinary or accidental disability retirement benefits after review of medical and factual information submitted by the member and by a physician designated by the board, then the member shall be entitled to a hearing before the board in order to determine whether the member qualifies for disability retirement benefits. The hearing before the board may be designated to a presiding officer. The presiding officer designated by the board shall not be the same person who made an initial disability determination and recommendation to the board based on the medical and factual information submitted by the member and physician as stated above.
(d)(1) Upon accidental disability retirement, the group I member who has attained age 60 shall receive an accidental disability retirement allowance which shall consist of a member annuity and shall be the actuarial equivalent of the member's accumulated contributions at the time of his accidental disability retirement, and a state annuity as follows:
(A) Prior to the member's attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/60 of the member's average final compensation at the time of his accidental disability retirement multiplied by the number of years of creditable service at the time of his accidental disability retirement;
(B) After attainment of age 65, the state annuity, together with the member annuity, shall be equal to 1/66 of the member's average final compensation at the time of his accidental disability retirement multiplied by the number of years of creditable service at the time of his accidental disability retirement;
(C) Regardless of age at disability, such allowance shall not be less than 50 percent of the member's average final compensation at the time of his accidental disability retirement.
(2) Upon accidental disability retirement, the group I member who has not attained age 60 shall receive an accidental disability retirement allowance which shall consist of: the member annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of his accidental disability retirement; and a state annuity which, together with the member annuity, shall be equal to 50 percent of the member's average final compensation at the time of his disability retirement.
II. Group II Members.
(a) Upon the application of a group II member in service or of his employer, any such member who has 10 or more years of creditable service may be retired by the board of trustees on an ordinary disability retirement allowance, not less than 30 nor more than 90 days subsequent to the filing of such application; provided that a physician or physicians designated by the board of trustees, after a medical examination of such member, shall certify, and the board shall find, that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired.
(b) Upon ordinary disability retirement, the group II member shall receive an ordinary disability retirement allowance which shall consist of: a member annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her ordinary disability retirement; and a state annuity which, together with his or her member annuity, for members who are in vested status before January 1, 2012, shall be equal to 21/2 percent of his or her average final compensation at the time of ordinary disability retirement multiplied by the number of years of his or her creditable service not in excess of 40 at the time of ordinary disability retirement, or for members who commenced service on or after July 1, 2011, shall be equal to 2 percent of his or her average final compensation at the time of ordinary disability retirement multiplied by the number of years of his or her creditable service not in excess of 42.5 at the time of ordinary disability retirement, and group II members who have not attained vested status prior to January 1, 2012 shall be as provided in the transition provisions in RSA 100-A:5, II(d) with the maximum number of years of creditable service not in excess of 40.5 years provided, however, that such allowance shall not be less than 25 percent of the member's final compensation at the time of his or her disability retirement.
(c)(1) Upon the application of a group II member in service or of the member's employer, any member shall be retired by the board of trustees on an accidental disability retirement allowance where the member has been totally and permanently incapacitated for duty as the natural and proximate result of either:
(A) An accident occurring while in the actual performance of duty at some definite time and place; or
(B) Repeated trauma or gradual degeneration occurring while in the actual performance of duty, or arising out of and in the course of employment; or
(C) Any occupational disease arising out of or in the course of employment as defined by RSA 281-A:2, XI, RSA 281-A:2, XIII, or RSA 281-A:17.
(2) The provisions of subparagraph (c)(1) shall apply provided that:
(A) The member is found to be mentally or physically incapacitated for the further performance of duty and that such incapacity is likely to be permanent;
(B) The member did not intend for injury to result from the member's conduct; and
(C) The incapacitating accident, trauma, degeneration, or occupational disease has been found to be compensable by the employer, the employer's insurance carrier, or the commissioner of labor pursuant to RSA 281-A:43.
(3) The member applying pursuant to subparagraph (c)(1) shall have the burden of proving causation before the board of trustees if the member enters into a lump sum settlement of an injury claim that was at any time denied by the employer or the employer's insurance carrier and not found compensable by final decision of the labor commissioner or the compensation appeals board after hearing pursuant to RSA 281-A:43. In the case of any lump sum settlement, the board of trustees shall require the member seeking disability retirement benefits to prove by a preponderance of the evidence the existence of a work-related injury of the type described in subparagraph (c)(1)(A)-(C), and also that the work-related injury naturally and proximately resulted in the member's total and permanent incapacity from duty.
(4) If the board of trustees is unable to grant ordinary or accidental disability retirement benefits after review of medical and factual information submitted by the member and by a physician designated by the board, then the member shall be entitled to a hearing before the board in order to determine whether the member qualifies for disability retirement benefits. The hearing before the board may be designated to a presiding officer. The presiding officer designated by the board shall not be the same person who made an initial disability determination and recommendation to the board based on the medical and factual information submitted by the member and physician as stated above.
(d) Upon accidental disability retirement, the group II member shall receive an accidental disability retirement allowance equal to 2/3 of his or her average final compensation at the time of disability retirement.
(1) For members who are in vested status before January 1, 2012, any group II member who has more than 262/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 21/2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service in excess of 262/3 but not in excess of 40 years.
(2) For members who commenced service on or after July 1, 2011, any group II member who has more than 331/3 years of service, a supplemental disability retirement allowance shall be paid. Such supplement shall be equal to 2 percent of his or her average final compensation multiplied by the number of years of his or her creditable service in excess of 331/3 but not in excess of 42.5 years.
(3) For group II members who have not attained vested status prior to January 1, 2012, calculation of the supplemental allowance shall use the percentage multipliers for the corresponding years of creditable service on January 1, 2012 in the transition provisions in RSA 100-A:5, II(d) with the range for the number of excess years for the supplement adjusted proportionally.
III. Medical Examination, Gainful Occupation.
(a) Once a year during the first 5 years following the retirement of either a group I or group II member on a disability retirement allowance, and once in every 3-year period thereafter, the board of trustees may, and upon his application shall, require any disability beneficiary who has not attained age 60 to undergo a medical examination by a physician or physicians designated by the board. If any disability beneficiary who has not attained age 60 refuses to submit to such medical examination, his state annuity may be discontinued by the board of trustees until his withdrawal of such refusal, and if his refusal continues for more than one year, all his rights in and to his state annuity may be revoked by the board.
(b)(1) If the board of trustees finds that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the beneficiary's retirement allowance and the current comparable compensation, then the beneficiary's state annuity may be reduced to an amount which, together with the member annuity and the annual amount earnable, is equal to the current comparable compensation. Such reduction shall not be made if the disabled beneficiary demonstrates to the satisfaction of the board of trustees that the annual compensation currently earnable does not exceed the difference between the beneficiary's retirement allowance and the current comparable compensation. If the beneficiary's earning capacity is later changed, the state annuity may be further modified; provided that the new state annuity shall not exceed the amount of the state annuity originally granted nor an amount which, when added to the amount earnable, together with the member annuity, equals the current comparable compensation. It shall be the responsibility of the disability beneficiary to file with the board of trustees, annually on a date determined by the board, proof of the annual amount of compensation currently earnable and of the current comparable compensation.
(2) For purposes of this subparagraph, "current comparable compensation" means the greatest of:
(A) The annual amount of compensation currently payable for the job classification last held by the beneficiary prior to disability retirement;
(B) The annual amount of compensation payable for the job classification held at the time of disability; or
(C) The beneficiary's average final compensation increased by an amount for each year since disability retirement calculated using the Consumer Price Index for All Urban Consumers (CPI-U) as determined by the Bureau of Labor Statistics.
(3) [Repealed.]
(4) The provisions of subparagraph (b)(1) shall not apply to a group II accidental disability beneficiary whose total of years of service as a member in group II plus years of accidental disability retirement is at least 20 years, as determined by the board, and who has attained the age of 45. Any such accidental disability beneficiary shall receive retirement allowance benefits under this section without reduction for gainful occupation.
(c) Except for payments made under RSA 281-A:37 or compensation which is not earnable compensation under RSA 100-A:1, XVII, any amounts which may be paid or payable to or on account of any member or retired member on account of any disability to which the employer has made contributions under the provisions of any workers' compensation or similar law or plan shall, in such manner as the board of trustees shall determine, be offset against and payable in lieu of any state annuity on account of the same disability.
(d) The board shall have the authority to recover from any member or retired member who is a disability recipient overpayments made under this section because the disability recipient failed to notify the retirement system when the recipient began to receive workers' compensation benefits which affect the monthly disability annuity payment from the retirement system.
IV. [Repealed.]
V. The provisions of this paragraph shall apply, notwithstanding any other provision of RSA 100-A:6 to the contrary. The board of trustees, as the interests of justice may require, may waive the requirement that a group I or group II member be in service at the time application is made for ordinary and accidental disability retirement benefits under this section, provided that application for disability retirement benefits is made within one year of the date the member's contribution to the New Hampshire retirement system ceases.

Source. 1967, 134:1. 1969, 228:1. 1974, 33:2. 1976, 35:3. 1977, 421:1. 1983, 322:1. 1986, 95:3, 4. 1987, 242:1. 1988, 193:2, 3; 282:1-3. 1989, 261:1. 1993, 358:77-79. 1994, 158:9, 10, 17. 1995, 269:2, 5, III. 1996, 194:1. 1997, 274:2. 1999, 57:1; 190:1, 2; 333:1. 2006, 120:7-10. 2009, 158:1. 2011, 224:167, 168; 224:186, I. 2012, 194:2, eff. June 11, 2012. 2013, 196:1, eff. July 1, 2013. 2016, 49:1, 2, eff. July 2, 2016.

Section 100-A:6-a

    100-A:6-a Maximum Retirement Benefit. – Notwithstanding any other provision of this chapter to the contrary, for members who commenced service before July 1, 2009, or have attained vested status prior to January 1, 2012, a member's initial calculation of the retirement benefit granted under the provisions of RSA 100-A:5 or RSA 100-A:6 shall not exceed 100 percent of the member's highest year of earnable compensation. For members who commenced service on or after July 1, 2009 and have not attained vested status prior to January 1, 2012, a member's maximum retirement benefit granted under the provisions of RSA 100-A:5 or RSA 100-A:6 shall not exceed the lesser of 85 percent of the member's average final compensation or $120,000. Nothing in this section shall affect the ability of a member to receive disability benefits pursuant to RSA 100-A:6, II(b) and (c). This provision shall not limit the application of supplemental allowances.

Source. 2007, 268:2. 2008, 300:14. 2011, 224:164. 2012, 194:6, eff. June 11, 2012.

Section 100-A:7

    100-A:7 Working After Retirement; Exceeding Part-Time Hourly Limit. –
I. Any retired member returning to work for a participating employer in a position requiring mandatory membership pursuant to RSA 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 RSA 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 RSA 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 RSA 541-A as necessary to administer and enforce the provisions of this section.

Source. 1967, 134:1. 1981, 536:9. 1995, 269:3. 2006, 178:2, eff. July 24, 2006. 2018, 293:2, eff. Jan. 1, 2019.

Section 100-A:7-a

    100-A:7-a Certain Part-Time Employment; Notice Required. – The retirement system shall annually provide written notice to all retired members of the retirement system of the limitations on part-time employment as defined in RSA 100-A:1, XXXIV and the potential effect that exceeding such limitations could have on the retired member's retirement benefits, including restoration to service as required in RSA 100-A:7, I and the forfeiture of the state annuity portion of his or her retirement allowance under RSA 100-A:7, II.

Source. 2013, 251:3, eff. Jan. 1, 2014. 2018, 293:3, eff. Jan. 1, 2019.

Section 100-A:7-b

    100-A:7-b Certain Part-Time Employment; Emergency Exception. – The annual limitations on part-time employment as defined in RSA 100-A:1, XXXIV shall be modified for retired members to exclude any hours worked during an emergency under this section. For purposes of this section, an emergency includes any event declared by the governor or while working under the direction of the director of the division of forests and lands during woodland fire control. Employers shall include hours worked during an emergency as a separate entry in the report required in RSA 100-A:16, VII(a).

Source. 2014, 45:3, eff. July 26, 2014. 2018, 293:4, eff. Jan. 1, 2019.

Section 100-A:8

    100-A:8 Accidental Death Benefits. –
I. Group I Members.
(a) If, upon the receipt by the board of trustees of proper proof of the death of a group I member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to the member's surviving spouse; or if there is no surviving spouse, or if the surviving spouse dies before the youngest child of the deceased member has attained age 18, then to the deceased member's child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no surviving spouse or child under age 18 living at the death of the member, then to the member's dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum amount which is equal to the deceased member's base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11.
(b) Upon the accidental death of a group I member the amount of the state annuity payable shall be equal to 50 percent of the member's average final compensation.
II. Group II Members.
(a) If, upon the receipt by the board of trustees of proper proof of the death of a group II member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, or as the natural and proximate result of repeated trauma or gradual degeneration occurring while in the actual performance of duty or arising out of and in the course of employment or of any occupational disease arising out of or in the course of employment, as defined by RSA 281-A:2, XI and found to be compensable by the commissioner of labor pursuant to RSA 281-A:43; the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to the member's surviving spouse, or if there is no surviving spouse, or if the surviving spouse dies before the youngest child of the deceased member has attained age 18, then to the deceased members' child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no surviving spouse or child under age 18 living at the death of the member, then to the member's dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum amount which is equal to the deceased member's base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11.
(b) Upon the accidental death of a group II member the amount of the state annuity payable shall be equal to 50 percent of the member's annual rate of earnable compensation at the date of the member's death.
III. Workers' Compensation. Notwithstanding the foregoing provisions of this section and except for payments made under RSA 281-A:37, any amounts which may be paid or payable under the provisions of any workers' compensation or similar law on account of the death of any member shall, in such manner as the board of trustees shall determine, be offset against and payable in lieu of any state annuity payable under the provisions of this section on account of the same death. Any amounts offset above shall not include compensation received to pay hospital or medical bills under any private annuity or disability insurance plan.
IV. The offset provisions of paragraph III shall not apply in the case of a group II member who dies as the natural and proximate result of injuries received while in the performance of his duty. In this case any amounts paid or payable under the provisions of any workers' compensation or similar law on account of the death of the member shall not be offset against or payable in lieu of any state annuity payable under the provisions of this section on account of the same death.

Source. 1967, 134:1; 405:5, 6. 1987, 242:2. 1988, 193:4. 1990, 277:1. 1994, 158:17; 169:1. 1996, 187:2, 3. 2009, 327:1, 2, eff. Oct. 20, 2009.

Section 100-A:9

    100-A:9 Ordinary Death Benefit; Group I and II Members. –
I. Upon receipt by the board of trustees of proper proof of the death of a group I or group II member in service indicating that such death was not the result of an accident occurring while in the performance of duty, there shall be a death benefit payable to the member's surviving spouse or designated beneficiary or beneficiaries, if living, otherwise to the member's estate. For purposes of this section only, any group I or group II member who dies on or after January 1, 2007 while performing qualified military service shall be considered a member in service at the time of death whose death was not the result of an accident occurring while in the performance of duty as a member.
II. If the member has at least 10 years combined creditable service or was eligible for service retirement at the time of the member's death, there shall be payable to the member's surviving spouse an allowance, continuing until the spouse's death, equal to 50 percent of the service retirement allowance that would have been payable to the member had the member retired immediately prior to death, based on average final compensation and creditable service at the time of death. In lieu of an allowance, the surviving spouse may elect a lump sum benefit equal to the deceased member's annual earnable compensation, in addition to the amount payable under RSA 100-A:11.
III. If the member did not have at least 10 years combined creditable service and was not eligible for service retirement at the time of death, there shall be payable to the member's spouse or the member's designated beneficiary or beneficiaries, if other than the member's spouse, if living, otherwise to the member's estate, a lump sum equal to the greater of either:
(a) $3,600 or
(b) An amount which is equal to the deceased member's annual earnable compensation at the time of death in addition to the amount payable under RSA 100-A:11.
IV. However, if the member had at least 10 years combined creditable service or was eligible for service retirement, but is not survived by a spouse, or has designated a beneficiary or beneficiaries other than the member's spouse, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum equal to the greater of either:
(a) $3,600 or
(b) An amount which is equal to the deceased member's annual earnable compensation at the time of death, in addition to the amount payable under RSA 100-A:11.

Source. 1967, 134:1. 1973, 495:3. 1975, 461:6. 1977, 546:4. 1981, 536:10. 1999, 273:1. 2009, 324:2, 3, eff. Aug. 7, 2009.

Section 100-A:9-a

    100-A:9-a Members on Leave Under the Family and Medical Leave Act; Eligibility for Death or Disability Benefits. – For purposes of RSA 100-A:6, 8, and 9, any member who is on leave under the provisions of the federal Family and Medical Leave Act of 1993, as amended, shall be considered in service for purposes of eligibility for death or disability benefits.

Source. 1997, 171:1, eff. Aug. 8, 1997.

Section 100-A:10

    100-A:10 Vested Deferred Retirement Benefit. –
I. Group I Members.
(a) A group I member who has completed 10 years of creditable service and who, for reasons other than retirement or death, ceases to be an employee or teacher shall be deemed in vested status and upon meeting the eligibility requirements of subparagraph (b) may collect a vested deferred retirement allowance. In lieu of a vested deferred retirement allowance, the member may make application on a form prescribed by the board of trustees and receive a return of the member's accumulated contributions under RSA 100-A:11. Provided, however, that a group I member who commenced service on or after July 1, 2011 shall not receive a vested deferred retirement allowance until attaining the age of 65; but may receive a reduced allowance after age 60 if the member has at least 30 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 65 years of age, by 1/4 of one percent.
(b) At any time after attainment of age 50, a group I member who meets the requirement of subparagraph (a) may make application on a form prescribed by the board of trustees and receive a vested deferred retirement allowance which shall consist of a member annuity which shall be the actuarial equivalent of the member's accumulated contributions on the date of retirement and a state annuity which, together with the member annuity, shall be equal to either the service retirement allowance payable under RSA 100-A:5, I(a) and I(b) or the reduced early service retirement allowance payable under RSA 100-A:5, I(c), based on the member's age when the vested deferred retirement allowance begins and on the member's average final compensation and creditable service at the time service is terminated. Provided, however, that a group I member who commenced service on or after July 1, 2011 shall not receive a vested deferred retirement allowance until attaining the age of 65; but may receive a reduced allowance after age 60 if the member has at least 30 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 65 years of age, by 1/4 of one percent.
II. Group II Members.
(a) A group II member who has completed 10 years of creditable service and who, for reasons other than retirement or death, ceases to be a permanent policeman or permanent fireman shall be deemed in vested status and upon meeting the eligibility requirements of subparagraph (b) may collect a vested deferred retirement allowance. In lieu of a vested deferred retirement allowance, the member may make application on a form prescribed by the board of trustees and receive a return of the member's accumulated contributions under RSA 100-A:11. Provided, however, that a group II member who commenced service on or after July 1, 2011 shall not receive a vested deferred retirement allowance until attaining the age of 52.5; but may receive a reduced allowance after age 50 if the member has at least 25 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 52.5 years of age, by 1/4 of one percent.
(b) For members who are in vested status before January 1, 2012, upon the member's attainment of age 45, provided the member would then have completed 20 years of creditable service, otherwise the subsequent date on which such 20 years would have been completed, or for members who commenced service on or after July 1, 2011, upon the member's attainment of age 50, provided the member would then have completed 25 years of creditable service, otherwise the subsequent date on which such 25 years would have been completed, and group II members who have not attained vested status prior to January 1, 2012 shall be as provided in the transition provisions in RSA 100-A:5, II(d), or at any time after age 60, a group II member who meets the requirement of subparagraph (a) may make application on a form prescribed by the board of trustees and receive a vested deferred retirement allowance which shall consist of: (1) A member annuity which shall be the actuarial equivalent of accumulated contributions on the date the member's retirement allowance commences; and (2) A state annuity which, together with the member annuity, shall be equal to a service retirement allowance based on the member's average final compensation and creditable service at the time the member's service is terminated. Provided, however, that a group II member who commenced service on or after July 1, 2011 shall not receive a vested deferred retirement allowance until attaining the age of 52.5; but may receive a reduced allowance after age 50 if the member has at least 25 years of creditable service where the allowance shall be reduced, for each month by which the date on which benefits commence precedes the month after which the member attains 52.5 years of age, by 1/4 of one percent.

Source. 1967, 134:1. 1973, 448:1. 1974, 33:3. 1977, 510:3. 1988, 193:5. 1989, 241:1. 1999, 56:1. 2000, 127:1. 2011, 224:169, eff. July 1, 2011.

Section 100-A:10-a

    100-A:10-a Repealed by 1988, 191:6, eff. July 1, 1988. –

Section 100-A:11

    100-A:11 Return of Members' Contributions. –
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 RSA 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 RSA 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 comprehensive annual financial report (CAFR), 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 RSA 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 RSA 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 RSA 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 RSA 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 RSA 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 RSA 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 comprehensive annual financial report (CAFR), 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 RSA 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 RSA 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 RSA 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 RSA 100-A:6 and his widow in receipt of an allowance pursuant to RSA 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 RSA 100-A:13.

Source. 1967, 134:1. 1975, 461:3, 4. 1977, 546:5, 6. 1981, 556:1. 1983, 309:1. 2005, 52:2, 3. 2008, 300:3, 4. 2012, 261:11, 12, eff. July 1, 2012.

Section 100-A:11-a

    100-A:11-a Eligible Rollover Distributions; Direct Transfer. – The distribution of benefits and return of accumulated contributions under this chapter shall be in conformance with the requirements of Internal Revenue Code section 401(a)(31) to the extent that the Code section applies to a qualified governmental plan within the meaning of Internal Revenue Code sections 401(a) and 414(d).

Source. 2006, 178:3, eff. July 24, 2006.

Section 100-A:12

    100-A:12 Benefits Upon Member's Death After Retirement-Group II Members. –
I. Upon the death of a retired group II member who retired before April 1, 1987, after the member's retirement allowance payments have commenced, there shall be paid to the person nominated by the member by written designation filed with the board, if living, otherwise to the retired member's estate, in addition to the amount payable under RSA 100-A:11 a lump sum of $3,600; provided, however, that if said retired member was, prior to the member's death, in receipt of an accidental disability retirement allowance there shall be paid to the person's spouse, if surviving, in lieu of such lump sum payment, an allowance to continue until the spouse's death or remarriage equal to 50 percent of the accidental disability retirement allowance payable to the retired member prior to the member's death.
I-a. In addition to any other provision of this section, upon the death of a retired group II member of the New Hampshire retirement system or any predecessor system, who retired pursuant to RSA 100-A:5, II with at least 20 years of creditable service or pursuant to RSA 100-A:6, II(a) prior to April 1, 1987, there shall be paid to the member's spouse at the time of retirement, if surviving, an allowance to continue until the spouse's death or remarriage equal to 50 percent of the service or ordinary disability retirement allowance payable to the retired member prior to the member's death. The total cost of terminally funding the benefits provided by this paragraph shall be funded from the state annuity accumulation fund.
II. Upon the death of a group II member who has retired on or after April 1, 1987, or upon the death of a group II member who has filed an application for retirement benefits with the board of trustees after January 1, 1991, there shall be paid to the person nominated by the member by written designation filed with the board, if living, otherwise to the retired member's estate, in addition to the amount payable under RSA 100-A:11 a lump sum of $3,600 if the member retired before July 1, 1988, and if the member is married on the date of such member's retirement, there shall be paid to such surviving spouse an allowance to continue until the spouse's death or remarriage equal to 50 percent of the member's service, ordinary disability, or accidental disability retirement allowance payments. For any person who is a group II member as of June 30, 1988, and who retires on or after July 1, 1988, the lump sum payment shall be $10,000. For any person who becomes a member of group II on or after July 1, 1988, and on or prior to July 1, 1993, the lump sum payment shall be $3,600. It is the intent of the legislature that future group II members shall be included only if the total cost of such inclusion can be terminally funded.

Source. 1967, 134:1. 1987, 216:1. 1988, 191:3. 1991, 358:6. 1993, 358:80. 2000, 17:1. 2012, 261:2, eff. July 1, 2012.

Section 100-A:12-a

    100-A:12-a Payments in Lieu of Payments to Estates. –
I. Notwithstanding any other provision under this chapter to the contrary, in the event that any payment in the amount of $15,000 or less is to be made by the New Hampshire retirement system to the estate of a deceased member or beneficiary, the retirement system may, but is not required to, make payment to the next of kin of such deceased member or beneficiary provided that all of the following conditions are met:
(a) At least 6 months have passed since the death of such member or beneficiary.
(b) There has been no demand for payment from a duly appointed executor or administrator.
(c) No probate proceedings have been instituted with respect to such deceased member or beneficiary, or all such probate proceedings have been closed.
(d) The next of kin has provided a written request for such payment and an affidavit in a form approved by the board of trustees stating that no such probate proceedings have been instituted or that proceedings have been closed, as applicable, and swearing to sufficient additional facts to enable the retirement system to determine that the person making such request is the next of kin of such member or beneficiary.
II. Payments made under authority of this section shall discharge the liability of the retirement system to all persons to the extent of such payments and the retirement system shall be immune from civil liability in any action brought on the basis of any act or omission under this section.

Source. 2014, 26:1, eff. July 22, 2014.

Section 100-A:13

    100-A:13 Optional Allowances. –
I. Any member who has reached service retirement age as provided in RSA 100-A:5, I(a), or II(a), or RSA 100-A:19-b, any retiree within 120 days after the effective date of retirement, or any retiree within 120 days after a decision by the board of trustees granting the retiree disability retirement benefits pursuant to RSA 100-A:6, may elect to receive, instead of the retirement allowance otherwise payable, a retirement allowance of equivalent actuarial value under one of the options named in paragraph III, or to redesignate any such option previously elected. When the member or retiree elects to receive an optional retirement allowance under paragraph III, the beneficiary or beneficiaries whom the member or retiree nominates may include the member's spouse and/or children. The notice of non-election, election, or change of retirement option shall be on a form designated by the board, which, if the member or retiree is married, shall include a spousal acknowledgment. The optional allowance shall be effective upon retirement if the election is made before the effective date of retirement, and on the first day of the month following receipt by the board of the notice of election or change of option if made during a 120-day grace period. When an election or change of option is made during a 120-day grace period, no retroactive adjustments will be made in payments already received by the retiree. When an election or change of option is made within 120 days after a decision by the board of trustees granting the retiree disability retirement benefits, the optional allowance shall be calculated using retiree and beneficiary age factors applicable as of the first day of the month following receipt by the board of the notice of election or change in option. After expiration of the 120-day grace period no change in option selection shall be permitted except as provided in paragraph II. If a retiree dies after filing notice of election or change of option during the 120-day grace period but before the effective date, the election or change shall be effective as of the date of death. If a member dies after filing an election for a survivorship retirement option and before the effective date of retirement, whether or not the member has filed for retirement, the beneficiary who was nominated by the member in the election of the option may elect to receive either the optional survivor benefit which the member had elected or the ordinary death benefit provided under RSA 100-A:9, whichever is more advantageous to the beneficiary; provided that, in the case of the member's death before retirement, if the beneficiary named in the survivorship option election is not the same person as the beneficiary under RSA 100-A:9, then the death benefit under RSA 100-A:9, II, and not the survivorship option shall apply.
II. (a) Any retired member who has elected option 2, 3, or 4, and whose beneficiary nominated by the retiree under such option was the retiree's spouse at the time of such election, may:
(1) Terminate such elected option upon the issuance of a divorce decree and subsequent remarriage of the former spouse, or in accordance with the terms of the final divorce decree or final settlement agreement which provides that the former spouse shall renounce any claim to a retirement allowance under RSA 100-A. Upon termination, the allowance received under the elected option shall be converted to the retirement allowance that would have been payable in the absence of such election. Any supplemental allowance, or COLAs, granted to the retiree and effective before the date of termination of the option shall continue in effect and shall not be adjusted as a result of the termination. Notice of such termination shall be given by the retiree on a form designated by the board. Payment of the converted allowance shall commence on the first day of the month following receipt of termination by the board. For any retiree whose divorce and the subsequent remarriage of the former spouse occurred on or before July 1, 1990, the notice shall be given to the board on or before October 1, 1990. Said termination action shall become effective on the first day of the month following receipt of such notice by the board. If the retiree dies after giving valid notice of such termination but before the effective date, the option shall terminate as of the date of the retiree's death.
(2) Following the retiree's subsequent remarriage, elect to nominate the current spouse as beneficiary under one of the options named in paragraph III, due to either the death of a former spouse, the termination of an elected option under subparagraph (1), or the termination of an elected option by a former spouse under subparagraph II(b). The notice of election shall be on a form designated by the board. The optional allowance shall be effective the first of the month following receipt of the notice. If a retiree dies after filing such notice but before the effective date, the change shall be effective as of the date of death. The optional allowance shall be of equivalent actuarial value. Any supplemental allowances, or COLAs, granted to the retiree before the effective date of the election shall terminate on such effective date, but the value of such COLA's shall be included in the actuarial determination of the amount of the allowance payable under the elected option.
(b) Where a retired member has elected option 2, 3, or 4, and has designated a single beneficiary, the beneficiary may at any time voluntarily renounce his or her right to any future benefits by signing and filing with the board a form designated by the board. Upon such renunciation, the allowance received under the elected option shall be converted to the retirement allowance that would have been payable in the absence of such election. Any supplemental allowance, or COLAs, granted to the retiree and effective before the date of renunciation of the option shall continue in effect and shall not be adjusted as a result of the renunciation. The renunciation shall become effective, and payment of the converted allowance shall commence, on the first day of the month following receipt of the signed form by the board. If the retiree dies after the board's receipt of such renunciation but before the effective date, the option shall terminate as of the date of the retiree's death.
(c) Any retired member who has elected option 2, 3, or 4, and has designated a single, non-spouse beneficiary, may at any time prior to the death of the beneficiary terminate such elected option without the consent of the beneficiary by signing and filing with the board a form designated by the board. Upon termination, the allowance received under the elected option shall be converted to the retirement allowance that would have been payable in the absence of such election. Any supplemental allowance, or COLAs, granted to the retiree and effective before the date of termination of the option shall continue in effect and shall not be adjusted as a result of the termination. Such termination shall become effective, and payment of the converted allowance shall commence, on the first day of the month following receipt of such form by the board. If the retiree dies after giving notice of such termination but before the effective date, the notice shall be deemed valid, the previously elected option shall terminate as of the date of the retiree's death, and no survivor annuity shall be paid pursuant to the previously elected option.
III. The options, each of which shall be of equivalent actuarial value to the allowance payable in the absence of election of an option, are:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that at the member's death a lump sum equal in amount to the difference between the accumulated contributions at the time of retirement and the sum of the member annuity payments made to the member during the member's lifetime shall be paid to the beneficiaries or contingent beneficiaries, if any, nominated by written designation duly acknowledged and filed with the board of trustees if such beneficiaries or contingent beneficiaries survive the member, otherwise to the retired member's estate.
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after the member's death for the life of, and to, the beneficiary nominated by written designation duly acknowledged and filed with the board of trustees at the time of retirement, or as provided in subparagraph II(a)(2).
Option 3. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue after death at 1/2 the rate paid to the member and be paid for the life of, and to, the beneficiary nominated by written designation duly acknowledged and filed with the board of trustees at the time of retirement, or as provided in subparagraph II(a)(2).
Option 4. A reduced retirement allowance payable during the retired member's life, with some other benefit payable after death, provided that such other benefit shall be approved by the board of trustees, or a reduced retirement allowance payable during the retired member's life, with some other benefit payable after death, pursuant to the provisions of subparagraph II(a)(2).

Source. 1967, 134:1. 1969, 474:1. 1977, 546:3. 1983, 222:1; 310:1. 1990, 251:1. 1992, 166:1. 1999, 181:1. 2000, 120:3; 129:1. 2001, 175:1, 2, eff. Sept. 3, 2001; 275:7, eff. July 1, 2001. 2016, 292:1, 2, eff. Aug. 20, 2016. 2018, 101:1, eff. July 24, 2018.

Section 100-A:13-a

    100-A:13-a Designation of Beneficiaries; Effect. – When more than one person is designated by the member as beneficiary under this title, the member may provide the portion of the whole sum which each designee shall receive and may also provide that on the death of one of multiple designees the share of that designee shall automatically be added to the share of another or other designees or be payable to the estate of the member.

Source. 1977, 546:7, eff. July 15, 1977.

Section 100-A:13-b

    100-A:13-b Maximum Benefit Limitations. – Notwithstanding any other provisions of this chapter, the maximum benefit payable to any retired member or beneficiary of the New Hampshire retirement system shall be limited to such extent as may be necessary to conform to the requirements of sections 401(a)(9) and 415 of the United States Internal Revenue Code of 1986 for a qualified retirement plan.

Source. 1988, 54:1. 1994, 207:1, eff. May 24, 1994.

Section 100-A:14

    100-A:14 Administration. –
I. The administration of this system is vested in a board of 13 trustees. Each newly appointed or reappointed trustee shall have familiarity with or experience in finance or business management. The state treasurer shall be an ex officio voting member of the board. The governor and council shall appoint 4 trustees, to be known as nonmember trustees, who shall be qualified persons with investment and/or financial experience as provided in this paragraph and not be members of the system, and who shall serve for a term of 3 years and until their successors are appointed and qualified. The nonmember trustees of the board shall have substantial experience in the field of institutional investment or finance, taking into account factors such as educational background, business experience, and professional licensure and designations. The original appointment of the nonmember trustees shall be made to provide for staggered terms. The remaining 8 members of the board shall consist of: one employee member, one teacher member, one permanent police member, one permanent fireman member, and 4 employer members. The New Hampshire state employees' association, the New Hampshire education association, the New Hampshire police association, and the New Hampshire state permanent firemen's association shall each annually nominate from their members a panel of 5 persons, all of whom shall be active members of the retirement system, no later than May 31 of each year, and the panels so named shall be filed with the secretary of state no later than June 10 of each year. From the above named panels the governor and council shall appoint the active member trustees of the board as needed so as to maintain the representation on the board. The governor and council shall appoint the employer members of the board with one member nominated by the New Hampshire Association of Counties, one member nominated by the New Hampshire Municipal Association, one member nominated by the New Hampshire School Boards Association, and one member to represent management of state employees. Members appointed to the board in the manner aforesaid shall serve for a term of 3 years. Each member so appointed shall hold office until his or her successor shall be appointed and qualified. Whenever a vacancy occurs, the governor and council shall fill the vacancy by appointing a member who shall serve for the unexpired term. The governor shall designate one of the nonmember trustees to serve as chairman of said board of trustees.
II. The board of trustees shall establish such rules and regulations as it deems necessary for the proper administration of this chapter.
III. The members of the board of trustees shall serve without compensation but shall be reimbursed for actual and necessary travelling and other expenses and disbursements incurred or made by them in the discharge of their official duties.
IV. Each trustee, including the chairman, shall be entitled to one vote in the board of trustees. Seven trustees shall constitute a quorum for the transaction of any business of the board of trustees. Seven votes shall be necessary for any resolution or action by the board at any meeting.
V. The board of trustees shall have the full power to employ and compensate such employees on such terms as may be necessary as charges upon the funds of the retirement system, and establish personnel policies without regard to any personnel or civil service law or personnel or civil service rule of the state. The employees of the retirement system shall not be classified employees of the state within the meaning of RSA 21-I:49. Notwithstanding, any individual employed by the retirement system whose employment calls for 30 hours or more work in a normal calendar week, and whose position is anticipated to have a duration of 6 months or more, shall be entitled to elect to receive such health, dental, life insurance, deferred compensation, and retirement benefits as are afforded to classified employees of the state. Upon election by such individual, the retirement system shall pay from its funds the state's share of such benefits. Any remaining costs of health, dental, and life insurance benefits which an individual elects to receive pursuant to this paragraph, shall be withheld from such individual's salary as a payroll deduction. Written notice of the availability of these benefit options shall be provided to each individual upon employment by the retirement system. It may also engage such actuarial, medical, and like services as may be required to transact the business of the system. The compensation for such special services, and all other expenses of the board necessary, hereto, shall be paid at such rates and in such amounts as the board shall approve. Service as an employee of the retirement system shall be creditable service for purposes of RSA 21-I:30. Any retirement system employee who transfers, without a break in service, to a state classified service position shall transfer all the days of sick leave credit and annual leave credit that the retirement system employee has accumulated pursuant to this section. At the time of such a transfer, the employee shall immediately begin to accrue annual and sick leave as granted at the time of the transfer by the receiving agency according to the employee's continuous years worked.
V-a. The board of trustees shall have the power to purchase, receive, take by grant, gift, devise, bequest, or otherwise acquire, own, hold, improve, employ, use, and otherwise deal in and with property or any interest therein, whether tangible or intangible, for the purposes of this chapter.
VI. The board of trustees shall keep in convenient form such data as may be necessary for actuarial valuation of the various funds of the retirement system and for checking the experience of the system.
VII. The board of trustees shall keep a record of all its proceedings. It shall annually make a report showing the fiscal transactions of the retirement system for the preceding fiscal year, the amount of the accumulated cash and securities of the system and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the system, and shall file the same with the secretary of state.
VII-a. The board of trustees shall submit a report each quarter by January 1, April 1, July 1, and October 1, to the chairpersons of the house and senate executive departments and administration committees. Such report shall describe recent board actions including any changes to actuarial assumptions and investment returns.
VIII. Immediately after the establishment of the retirement system, the board of trustees shall adopt mortality and service tables for use in all calculations in connection with the system, and shall certify the rates of contribution payable under the provisions hereof. The board of trustees shall also determine from time to time the rate or rates of regular interest for use in all calculations, except as otherwise provided, with the rate of 4 percent per annum compounded annually applicable from the date of establishment until changed by the board.
IX. In 1970, and at least once in each 5-year period thereafter, the board shall have an actuary make an actuarial investigation into the mortality, service and compensation experience of the members and beneficiaries of the retirement system, and a valuation of the assets and liabilities of its funds, and taking into account the result of such investigation and valuation, the board shall adopt such mortality, service and other tables as shall be deemed necessary, and certify the rates of contribution payable under the provisions of this chapter.
X. On the basis of regular interest and the tables last adopted by the board of trustees, the board shall have an actuary make periodic valuations of the contingent assets and liabilities of the funds of the retirement system. Such valuations shall be prepared at least once in each 2-year period commencing June 30, 1977.
XI. The board of trustees shall annually notify each active member of the amount of his earnable compensation, contributions deducted, and interest credited on his contributions during the previous fiscal year; the total of his member annuity savings fund; his date of birth; his accrued service credits; and such other information as the board of trustees believe will inform the member of his status in the system. The notice shall be prepared prior to the end of each calendar year based on information through June 30 of such year. The first notice shall be due by December 31, 1976.
XII. The executive director appointed pursuant to RSA 100-A:44 shall notify the selectmen of all towns, all city councils, and the superintendent or chief fiscal officer of all school districts within 10 days of the introduction and within 30 days of the enactment of any legislative measure relative to the retirement systems which would affect the retirement system costs to cities, towns and school districts. For the purposes of this paragraph, "legislative measure" shall mean any bill or joint resolution introduced in either the senate or the house of representatives but shall not include amendments to bills or joint resolutions.
XIII. Administrative Cost Assessment. Other provisions of law notwithstanding, the cost of administration of the retirement system as provided in this section shall be a charge upon the funds of the retirement system. The amount of administrative expense recorded monthly by the department of administrative service, division of accounting services, shall be paid to the state treasurer by the board of trustees. The board shall biennially review the administrative expenses for the previous biennium and shall submit in a budget for legislative appropriation, those amounts that the board, in its reasonable discretion, may deem necessary for the efficient operation of the system. Administrative balances accrued prior to June 30, 2001 shall be retained by the retirement system and expended for ongoing operations.
XIII-a. Notwithstanding the requirements of paragraph XIII, the cost to the retirement system of the actuarial and professional assessment of proposed legislation required by RSA 14:44 shall be initially paid from assets of the retirement system, but shall be submitted to the governor for reimbursement. Not later than 30 days after the adjournment of each legislative session, the governor shall reimburse the retirement system for such costs. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
XIV. The board of trustees shall have the authority to recover for the retirement system any benefits deemed not payable under this chapter as a result of a death of any retiree or beneficiary, or as the result of the remarriage of a surviving spouse in receipt of benefits.
XV. The board of trustees shall, consistent with RSA 21-I:13, V, provide the commissioner of the department of administrative services with information necessary for the commissioner to carry out the responsibilities set forth in RSA 21-I:27, including such information as the name and social security number of each covered retiree, spouse, and dependent; the retiree agency-identifying information in a format compatible with the billing needs of the department; and such other information that the commissioner of the department of administrative services shall request in order to carry out the retiree health benefits program administration.
XVI. Access to Information From Vital Records for Retirement System Purposes. The retirement system shall have a direct and tangible interest in death, marriage, and divorce vital records information of members and beneficiaries, limited to name of registrant, date of birth, place of birth, social security number, date of vital event, place of vital event, marital status, and name of spouse. The secretary of state and the executive director of the New Hampshire retirement system shall enter into a memorandum of understanding for the purposes of delineating specific procedures for access to this limited data set.

Source. 1967, 134:1, 405:7. 1973, 524:2. 1974, 40:74. 1975, 461:1. 1977, 488:1-3; 600:17. 1979, 434:29, I. 1985, 55:24. 1988, 193:11. 1994, 269:1. 2000, 246:2. 2001, 158:6, 77. 2002, 140:3. 2003, 132:1. 2004, 146:1. 2005, 53:2. 2006, 120:11; 178:4. 2007, 263:38; 268:3, 4. 2008, 300:15, 16. 2011, 224:174, 175. 2012, 175:2, eff. July 1, 2012. 2014, 30:3, eff. July 22, 2014. 2018, 203:6, eff. July 1, 2018. 2019, 339:1, eff. Nov. 5, 2019.

Section 100-A:14-a

    100-A:14-a Subcommittees of the Board of Trustees. –
I. The board of trustees shall establish subcommittees, to include but not be limited to, an audit committee.
II. Each subcommittee shall consist of members of the board of trustees. At least one member of the audit committee shall be experienced in the field of public accounting.
III. Except as otherwise provided in this chapter, the audit committee and each subcommittee established by the board shall make its recommendations to the full board for final approval.
IV. The audit committee shall assist the board to undertake the audit and reporting requirements required by RSA 100-A:15, VI. The audit committee may establish an advisory committee to assist it in its auditing functions. The advisory committee shall consist of non-board members who are certified public accountants and others working in public accounting.
V. Subcommittee members shall be appointed by chairperson of the board of trustees.
VI. Notwithstanding RSA 91-A or any other law to the contrary, subcommittee members shall be permitted to participate in subcommittee meetings by telephone, provided that any subcommittee member so participating shall be able to be heard by and to hear every other member of the subcommittee participating in the meeting and, unless the subcommittee is meeting in a nonpublic session as permitted by RSA 91-A:3, shall be able to be heard by all members of the public attending the meeting. Voting members of any subcommittee participating by telephone shall be treated as present at the meeting for all purposes, including the establishment of a quorum. Any meeting at which one or more subcommittee members are participating by telephone shall be recorded verbatim by magnetic tape or otherwise, and such recording shall be made available for public inspection to the same extent as minutes of the meeting, provided that the accidental destruction of a recording or the accidental failure to record any meeting shall not invalidate any action taken at that meeting.

Source. 2008, 300:17. 2011, 224:190, eff. July 1, 2011.

Section 100-A:14-b

    100-A:14-b Independent Investment Committee. –
There is hereby established the independent investment committee.
I. The independent investment committee shall consist of not more than 5 voting members, 3 of whom shall be persons who are not members of the board of trustees appointed by the governor with the consent of the council, and up to 2 of whom shall be members of the board of trustees appointed by the chairperson of the board of trustees. There shall also be one nonvoting member appointed by the governor with the consent of the council who shall be an active member in the retirement system chosen from a list submitted upon a vacancy of up to 3 persons nominated by each of the following organizations: the New Hampshire State Employees' Association, the New Hampshire Education Association, the New Hampshire AFL-CIO, the New Hampshire Police Association, and the Professional Fire Fighters of New Hampshire. Each independent investment committee member shall serve for a term of 3 years.
II. Each member of the independent investment committee shall have substantial experience in the field of institutional investment or finance, other than their experience as trustees of the New Hampshire retirement system, taking into account factors such as educational background, business experience, and professional licensure and designations.
III. As provided in RSA 100-A:15, the independent investment committee shall recommend an investment policy and investment consultants to the full board for approval. The independent investment committee shall review investment performance, choose fund managers, and make investments and deposits on behalf of the board.

Source. 2008, 300:17, eff. Jan. 1, 2009. 2017, 151:1, eff. Aug. 15, 2017. 2019, 61:1, eff. Aug. 4, 2019.

Section 100-A:15

    100-A:15 Management of Funds. –
I. The members of the board of trustees shall be the trustees of the several funds created hereby and shall set the investment policy relative to those funds. The independent investment committee shall have full power to invest and reinvest such funds in accordance with the policy set by the board. The board of trustees and the members of the independent investment committee shall have the powers, privileges, and immunities of a corporation. The independent investment committee shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds created hereby have been invested, as well as the proceeds of such investments in accordance with the policy set by the board. All of the assets and proceeds, and income therefrom, of the New Hampshire retirement system, and all contributions and payments made thereto, shall be held, invested, or disbursed in trust.
I-a. (a) A trustee, independent investment committee member, or other fiduciary shall discharge duties with respect to the retirement system:
(1) Solely in the interest of the participants and beneficiaries;
(2) For the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;
(3) With the care, skill, and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;
(4) Impartially, taking into account any differing interests of participants and beneficiaries;
(5) Incurring only costs that are appropriate and reasonable; and
(6) In accordance with a good-faith interpretation of the law governing the retirement system.
(b) In investing and managing assets of the retirement system pursuant to subparagraph (a), a trustee or independent investment committee member with authority to invest and manage assets:
(1) Shall consider among other circumstances:
(A) General economic conditions;
(B) The possible effect of inflation or deflation;
(C) The role that each investment or course of action plays within the overall portfolio of the retirement system;
(D) The expected total return from income and the appreciation of capital;
(E) Needs for liquidity, regularity of income, and preservation or appreciation of capital; and
(F) The adequacy of funding for the system based on reasonable actuarial factors;
(2) Shall diversify the investments of the retirement system unless the trustee or independent investment committee member reasonably determines that, because of special circumstances, it is clearly prudent not to do so;
(3) Shall make a reasonable effort to verify facts relevant to the investment and management of assets of a retirement system; and
(4) May invest in any kind of property or type of investment consistent with this section.
(c) The board of trustees shall adopt a statement of investment objectives and policy for the retirement system as provided in subparagraph VII(c).
I-b. Paragraph I-a shall apply to all board members, independent investment committee members, and other fiduciaries, as well as staff and vendors to the extent they exercise any discretionary authority or discretionary control respecting management of the retirement system or exercise any authority or control respecting management or disposition of its assets, or they render investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of the retirement system, or have any authority or responsibility to do so, or they have any discretionary authority or discretionary responsibility in the administration of the retirement system.
I-c. The fiduciary obligations of the members of the board of trustees and the independent investment committee are paramount to any other interest a trustee or independent investment committee member may have arising from another role or position that he or she holds, including the position which qualified the person for appointment to the board of trustees or independent investment committee.
II. The board of trustees shall:
(a) Have the authority to hire actuarial services. The compensation for actuarial services required by the board of trustees shall be a charge upon the funds of the New Hampshire retirement system.
(b) Have the full power and authority to delegate to any agent providing services to the New Hampshire retirement system, within or without the state, the power and discretion to make any necessary decisions and to take any action necessary to effect decisions with the same legal effect as if performed by the board of trustees. The payment for these services shall be a charge upon the funds of the New Hampshire retirement system.
(c) Have the authority to hire investment consultants. The compensation for investment consultant services shall be a charge upon the funds of the New Hampshire retirement system.
II-a. The independent investment committee shall:
(a) Appoint and employ a custodian of the several funds of the retirement system, and such custodian, as an agent of the independent investment committee, shall be compensated and such compensation shall be a charge upon the funds of the retirement system.
(b) Have the full power and authority to delegate to any agent, within or without the state, the power and discretion to make any necessary decisions with regard to the purchase or sale of any legal object of investment and to take any action necessary to effect decisions by or on behalf of the New Hampshire retirement system with the same legal effect as if performed by the independent investment committee. The independent investment committee shall have the power to authorize the payment of compensation to an agent or agents for investment management services.
(c) Report to the board of trustees at least quarterly on the management, investment, and reinvestment activities of the independent investment committee. The report shall include a description of all fees incurred due to investment transactions.
III. Except as otherwise provided in this section, no trustee, independent investment committee member, and no employee of the board of trustees shall have any personal interest in the gains or profits of any investment made by the board; nor shall any trustee, independent investment committee member, or employee of the board, directly or indirectly, for himself or herself or as an agent, in any manner use the same except to make such current and necessary payments as are authorized by the board; nor shall any trustee, independent investment committee member, or employee of the board become an endorser or surety, or in any manner an obligor, for money loaned to or borrowed from the board.
IV. The board of trustees is authorized to engage the services of legal counsel. The payment for services provided in this paragraph shall be a charge upon the funds of the New Hampshire retirement system.
V. The board of trustees shall adopt rules pursuant to RSA 541-A relative to procedures to be followed in establishing and modifying investment objectives and guidelines. The investment policy shall not be subject to rulemaking under RSA 541-A.
VI. (a) The board of trustees shall complete, not later than 120 days after the close of each fiscal year, a comprehensive annual financial report concerning the preceding fiscal year in a manner consistent with generally accepted accounting principles. The system's comprehensive annual financial report shall be audited annually in accordance with generally accepted governmental auditing standards by a qualified independent auditor selected by the audit committee. The auditor shall present the audited financial report and resulting findings to the audit committee for its approval and acceptance by December 31 of each year unless the board of trustees for good cause shall extend such period.
(b) The audit committee may select a qualified independent auditor to conduct performance audits in accordance with generally accepted governmental auditing standards. The scope and timing of any such performance audits shall be at the discretion of the audit committee.
(c) All audits performed pursuant to subparagraphs (a) and (b) shall be filed with the governor, speaker of the house, president of the senate and commissioner of administrative services within 5 days of being issued. The cost of all audits shall be a charge upon funds available to the retirement system.
VII. The independent investment committee shall prepare for board review and approval a comprehensive annual investment report. The board shall approve the comprehensive annual investment report at the same time that it approves the annual financial report under paragraph VI. The investment report shall be submitted to the president of the senate, the speaker of the house, and the governor. The report shall include, but shall not be limited to:
(a) A description of the independent investment committee's philosophy for investing the assets of the system, including an analysis of any significant changes in philosophy which have occurred from the prior annual report.
(b) An analysis of the return on investment, by investment category.
(c) An annual investment policy statement which shall incorporate the following:
(1) A clear statement of investment objectives including the adoption of a reasonable and sound expected rate of return the retirement system is attempting to earn. The expected rate of return utilized for the statement of investment objectives shall bear some reasonable relationship to the assumed rate of return set by the trustees for the biennial actuarial calculation. The retirement system's actuaries shall issue a written opinion in regard to the reasonableness of the assumed rate of return that shall address any difference between the assumed rate of return and the expected rate of return.
(2) A detailed breakdown of the asset structure most likely to enable the fund to reach its long range objective within appropriate risk parameters. The details should include all relevant subcategories among equities, debt, and alternative investments and identify the appropriate benchmarks for each performance analysis. The policy should establish an acceptable range for each allocation as well as a specific target allocation.
(3) Identification of how outcomes are measured and benchmarks are developed and who is responsible for the various decision levels in the investment process between the board of trustees, the investment committee, the retirement system's staff, investment consultants, and portfolio managers. The policy statement should specify the minimum frequency to review outcomes and responsibilities, in order to determine whether decisions as to asset mix and manager selection added value to the fund. Investment managers should be under frequent review by the investment committee and the retirement system.
(d) Any suggested changes in legislation which the board may seek in order to better serve the members of the system. This is not intended to preclude the board of trustees from seeking additional legislation as needs arise between annual reports.
VIII. The management, investment, and reinvestment practices for the assets held in trust by the board pursuant to this section shall be subject to review by the legislature.
IX. The non-trustee members of the independent investment committee shall be afforded the same liability insurance, indemnification, and statutory protections as board members.
X. The quarterly report of the independent investment committee under subparagraph II(c) and the comprehensive annual financial report under paragraph VI shall be made available for public inspection on the retirement system's Internet website.

Source. 1967, 134:1. 1973, 238:1. 1975, 379:2. 1977, 533:1, 2. 1978, 52:24. 1981, 346:1; 536:11. 1987, 331:1, 2. 1990, 117:1, 2. 1991, 268:10, 11. 1995, 271:1. 1998, 198:1. 2001, 158:7. 2002, 140:2. 2005, 43:1. 2008, 300:18. 2011, 224:180, 181. 2012, 194:7, eff. June 11, 2012. 2021, 5:1, 2, eff. June 22, 2021.

Section 100-A:16

    100-A:16 Method of Financing. –
All of the assets of the retirement system shall be credited, according to the purpose for which they are held, between 2 funds, namely, the member annuity savings fund and the state annuity accumulation fund. Each of the funds shall be subdivided on account of the various member classifications. In making the determinations required under this section for financing the retirement system, the board of trustees shall use the entry age normal funding methodology. The board of trustees shall direct the system's actuary to prepare biennial valuations of the system's assets and liabilities commencing with the valuation prepared as of June 30, 2007. Such biennial valuation shall be the basis for determining the annual contribution requirements of the system until the next following biennial valuation.
I. Member Annuity Savings Fund.
(a) The member annuity savings fund shall be a fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their member annuities together with any amounts transferred thereto from a similar fund under one or more of the predecessor systems. Such contribution shall be, for each member, and except as provided in RSA 100-A:16, II-a, dependent upon the member's employment classification at the rate determined in accordance with the following table:
(1) Group I members, 7.00
 
 (2) Group II permanent fireman members, 11.80
 
 Group II permanent police members, 11.55
 

(aa) The board of trustees shall certify to the proper authority or officer responsible for making up the payroll of each employer, and such authority or officer shall cause to be deducted from the compensation of each member, except group II members who are in vested status before January 1, 2012 with creditable service in excess of 40 years, and group II members who commenced service on or after July 1, 2011 or who have not attained vested status prior to January 1, 2012 with creditable service in excess of 42.5 years as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), on each and every payroll of such employer for each and every payroll period, the percentage of earnable compensation applicable to such member. No deduction from earnable compensation under this paragraph shall apply to any group II member who is in vested status before January 1, 2012 with creditable service in excess of 40 years, and any group II member who commenced service on or after July 1, 2011 or who have not attained vested status prior to January 1, 2012 with creditable service in excess of 42.5 years as provided in RSA 100-A:5, II(b) and RSA 100-A:6, II(b), and this provision for such members shall not affect the method of determining average final compensation as provided in RSA 100-A:1, XVIII. In determining the amount earnable by a member in a payroll period, the board may consider the rate of compensation payable to such member on the first day of a payroll period as continuing throughout the payroll period and it may omit deduction from compensation for any period less than a full payroll period if such person was not a member on the first day of the payroll period, and to facilitate the making of deductions it may modify the deduction required of any member by such an amount as shall not exceed 1/10 of one percent of the annual earnable compensation upon the basis of which such deduction is made. The amounts deducted shall be reported to the board of trustees. Each of such amounts, when deducted, shall be paid to the retirement system at such times as may be designated by the board of trustees and credited to the individual account, in the member annuity savings fund, of the member from whose compensation the deduction was made.
(b) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions herein provided as a condition of his membership.
(c) [Repealed.]
(d) The accumulated contributions of a member withdrawn by the member, or paid to his or her estate or designated beneficiary in event of his or her death in service, shall be paid from the member annuity savings fund. Upon the retirement of a member, his or her accumulated contributions shall be transferred from the member annuity savings fund to the state annuity accumulation fund.
(e) With respect to all employees of any employer, such employer may pick up the employee contributions required by this section for all compensation earned after July 1, 1983; and the contributions so picked up shall be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code; however, each employer shall continue to withhold federal income tax based upon these contributions until the Internal Revenue Service, or the federal courts, rule that, pursuant to section 414(h) of the United States Internal Revenue Code (1954), as amended, these contributions shall not be included as gross income of the employee until such time as they are distributed or made available. The employer shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee. The employer may pick up these contributions by a reduction in the cash salary of the employee. Employee contributions picked up shall be treated for all purposes of this section in the same manner and to the same extent as employee contributions made prior to the date picked up.
II. State Annuity Accumulation Fund.
(a) The state annuity accumulation fund shall be the fund in which shall be accumulated all reserves for the payment of all state annuities payable from contributions made by employers, any amounts transferred thereto from a similar fund under one or more of the predecessor systems, and amounts transferred from the member annuity savings fund, and from which shall be paid all benefits payable under the system other than those payable from the member annuity savings fund.
(b) The contributions of each employer for benefits under the retirement system on account of group II members shall consist of a percentage of the earnable compensation of its members to be known as the "normal contribution," and an additional amount to be known as the "accrued liability contribution;" provided that beginning with state fiscal year 2013 and for each state fiscal year thereafter, any employer shall pay the full amount of such total contributions. The rate percent of such normal contribution, including contributions on behalf of group II members whose group II creditable service is in excess of 40 years, in each instance shall be fixed on the basis of the liabilities of the system with respect to the particular members of the various member classifications as shown by actuarial valuations, except as provided in subparagraph (i).
(c) The contributions of each employer for benefits under the retirement system on account of group I members shall consist of a percentage of the earnable compensation of its members to be known as the "normal contribution," and an additional amount to be known as the "accrued liability contribution;" provided that beginning with state fiscal year 2013 and for each state fiscal year thereafter, any employer shall pay both normal and accrued liability contributions. The rate percent of such normal contribution in each instance shall be fixed on the basis of the liabilities of the system with respect to the particular members of the various member classifications as shown by actuarial valuation, except as provided in subparagraph (i).
(c-1) For state fiscal year 2012, the contributions of each employer for benefits under the retirement system on account of group II and group I teacher members of employers other than the state shall be calculated as provided in subparagraphs (b) and (c) provided that the state shall pay $3,500,000 of such total contributions.
(d) [Repealed.]
(e)(1) Immediately following the actuarial valuation prepared as of June 30 of each fiscal year, the board shall have an actuary determine the amount of the unfunded accrued liability for each member classification, proportionally reduced using sums dedicated as provided in RSA 21-I:95, II, as the amount of the total liabilities of the state annuity accumulation fund on account of such classification which is not dischargeable by the total of the funds in hand to the credit of the state annuity accumulation fund on account of such classification, and the aforesaid normal contributions to be made on account of the members in such classification during the remainder of their active service. The amount so determined with respect to each member classification shall be known as the "unfunded accrued liability" with respect to such classification.
(2) On the basis of each such unfunded accrued liability, the board shall have an actuary determine the level annual contribution required to discharge such amount as provided in subparagraph (3).
(3) The unfunded liability as of July 30, 2017 shall be amortized through 2039. Each subsequent change in liability as calculated in odd-numbered years shall be separately amortized over a fixed period of no longer than 20 years.
(f) The total amount payable to the state annuity accumulation fund in each year on account of each member classification shall not be less than normal contribution rate multiplied by the total compensation earnable by all members in such classification for such year, plus the amount of the accrued liability contribution necessary to liquidate the unfunded accrued liability on behalf of such classification as determined by the actuary under subparagraph (e) above.
(g) All interest and dividends earned on the funds of the retirement system shall be credited to the state annuity accumulation fund. The board of trustees shall allow interest on the individual accounts of members in the member annuity savings fund and shall annually transfer such interest amount from the state annuity accumulation fund. The rate of interest for the calendar year beginning January 1 shall be 2 percentage points less than either the most recent board of trustees approved assumed rate of return or the actual rate of return, whichever is lower, for the immediately preceding fiscal year as reported in the comprehensive annual financial report (CAFR) as approved and accepted by the board of trustees by December 31 of each year, provided the rate shall not be less than zero. Such interest shall be compounded at an annual rate and shall be prorated and credited to the member annuity savings fund to the date of processing upon termination of active service for any reason including withdrawal, retirement, or death.
(h) [Repealed.]
(i) If the actuarially determined normal contribution rate as set forth in subparagraphs (b) and (c) on account of any of the various member classifications shall be negative in any fiscal year, then the excess amount resulting from the difference between zero and the negative actuarially determined normal contribution rate shall be used to reduce the employee contribution rate for that member classification in that fiscal year.
(j) [Repealed.]
II-a. (a) Notwithstanding the method of calculating member and employer contributions under this section, if for any year the board of trustees certifies that within a member classification the employer rates determined under paragraph III have lowered to require them to be equal to the member rates under paragraph I, then for all subsequent years following such certification the employer rates and the members rates for such member classification shall continue to be equal whether the system liabilities increase or decrease.
(b) The provisions of subparagraph (a) shall not take effect and shall be inapplicable to the retirement system calculation of contribution rates under this section if such provisions of subparagraph (a) would violate the requirements set forth in U.S. Treasury Regulation 1.401-1.
III. Employer Contributions.
(a) On or before the first day of October next preceding each regular session of the state legislature, the board of trustees shall certify to the commissioner of administrative services the amounts which will become due and payable by the state during the biennium next following to the retirement system and it shall be the duty of the commissioner of administrative services in preparing the executive budget for each ensuing biennium to include in the budget the amounts so certified which amounts shall be appropriated by the legislature. The amounts so certified under this subparagraph shall include the unfunded accrued liability of the retirement system. The annual employer contribution requirements effective July 1, 2008 and as calculated each year thereafter shall not be less than the employee contribution rates under RSA 100-A:16, I(a).
(b) A county, city, town, school district or other political subdivision of the state having any employee members who are paid directly by the state but for whom the staff is later reimbursed for the part of their compensation not chargeable to state funds shall likewise reimburse the state for that part of the contribution made by the state to this system which is based on such part of compensation not chargeable to state funds.
(c) At the beginning of each year commencing on the first day of July the board of trustees shall certify to each employer other than the state the percentage rates of contribution due the system from each such employer, and shall assess upon each such employer such percentages of the earnable compensation of members in its employ, and it shall be the duty of the treasurer or other disbursing officer of each such employer to pay to the board of trustees such portion of the annual amount so assessed at such times and in such manner as the board of trustees may prescribe. Each such employer is hereby authorized to appropriate the sums necessary for the payment of such assessments. The annual employer contribution requirements effective July 1, 2008 and as calculated each year thereafter shall not be less than the employee contribution rates under RSA 100-A:16, I(a).
(d) Notwithstanding RSA 100-A:16, III(a), the New Hampshire retirement system board of trustees shall, within a reasonable period of time not to exceed 30 days from the effective date of this subparagraph, certify to the commissioner of administrative services the amounts that will become due and payable by the state during the biennium beginning July 1, 2009 based upon a state employee group other post-employment benefit (OPEB) plan balance as of July 1, 2009 for the state medical plan subtrust of $0.00. Such certification shall in all other respects be based upon the data and assumptions used to calculate the state employer rate as certified in September 2008. In no event shall the board of trustees certify a rate in any subsequent year based upon payments made from the medical plan subtrust to the state prior to July 1, 2009.
III-a. [Repealed.]
III-b. Every employer shall annually report to the retirement system the annual base pay paid to each member.
IV. [Repealed.]
V. Notwithstanding any other provision of law any member contributions deducted by an employer, or any employer assessments or contributions not remitted or that cannot be processed at the times designated by the board of trustees due to data reporting errors, shall be subject to interest on the amount due at the rate of one percent for each month or fraction thereof that they remain unpaid. For reasonable cause, the board may abate all or any part of the interest.
VI. Every employer shall report monthly to the retirement system all compensation of group II members that is attributable to extra or special duty. When an employer provides extra or special duty services, the employer shall include in its billing or charge to the entity for whom the extra or special duty is being provided the full amount of contributions required under RSA 100-A:16, II(b) attributable to the extra or special duty. Notwithstanding any provision to the contrary, the employer shall be responsible for the full amount of employer contributions required under RSA 100-A:16, II(b) attributable to extra or special duty.
VII. (a) Every employer shall report to the retirement system annually, on or before February 15, in a format provided by the retirement system, all compensation paid by, and the total hours worked for, the employer by each retired member of the retirement system, including the name of, and the total hours worked, for each retired member of the retirement system, except that an employer shall not include in the report the compensation and hours worked by a retiree for serving as an elected state official or as an elected official of a political subdivision in either a group I or group II position.
(b) Notwithstanding any other provision of law, employers may be subject to a penalty of up to $25 per day for noncompliance with the data reporting requirements of subparagraph (a), including data that was not timely remitted or data that cannot be processed at the times designated by the board of trustees due to data reporting errors by the employer. Before a penalty is assessed, the board shall notify the employer in writing of the noncompliance, identifying the reasons for the finding of noncompliance, and shall request the employer to explain to the board in writing within 30 days of the notification how the noncompliance occurred. Upon expiration of the 30 day period, the board may impose all or a portion of the penalty provided for in this paragraph, unless there is a showing that the employer did not willfully, intentionally, through gross negligence, or through a pattern of negligence fail to file the data as required.

Source. 1967, 134:1. 1969, 354:4. 1974, 33:7, 8. 1977, 510:1; 528:2. 1979, 297:3; 434:29, II. 1981, 548:2. 1983, 303:1; 304:1; 469:140, 144-146. 1985, 398:2, 3, 7; 399:3, I. 1986, 95:5-8, 13, I. 1987, 254:1. 1988, 193:6. 1989, 251:1; 400:1. 1990, 273:4. 1992, 55:4. 1994, 119:1-3. 1996, 287:4, 5, 6, 7, I-II. 1998, 302:1. 2001, 275:3, 4. 2003, 221:1. 2004, 216:2. 2006, 120:12; 178:5. 2007, 268:5-9, 11, II. 2008, 300:8, 33. 2009, 144:50, 52, 53, 55; 289:2. 2011, 224:172, 173, 179, 191. 2012, 194:3, eff. June 11, 2012; 261:15, eff. June 18, 2012; 261:3, 13, 14, III, IV, 17, eff. July 1, 2012. 2013, 251:1, eff. Jan. 1, 2014; 251:2, eff. Jan. 1, 2019. 2014, 48:3, eff. July 1, 2014; 142:3, eff. June 16, 2014; 183:6-8, eff. July 1, 2014. 2016, 110:1, eff. July 19, 2016. 2018, 48:1, eff. July 14, 2018; 293:5, eff. Jan. 1, 2019.

Section 100-A:17

    100-A:17 Repealed by 2014, 183:9, I, eff. July 1, 2014. –

Section 100-A:18

    100-A:18 Repealed by 1988, 161:11, IV, eff. July 1, 1988. –

Section 100-A:19

    100-A:19 Repealed by 2014, 48:1, eff. July 1, 2014. –

Split Benefits

Section 100-A:19-a

    100-A:19-a Applicability. – This subdivision applies to any member of the New Hampshire retirement system who has creditable service in both group I and group II, whether by reason of job re-classification, transfer from one job to another, or termination of employment in one job and re-employment in another. The provisions of this subdivision shall also apply as closely as they may reasonably be applied, as determined by the board of trustees, to persons who have creditable service in both the New Hampshire retirement system and a predecessor system.

Source. 1988, 161:6, eff. July 1, 1988.

Section 100-A:19-b

    100-A:19-b Minimum Age. –
For the purposes of this subdivision only, minimum age shall mean:
I. For a member who has completed less than 20 years combined creditable service in both group I and group II, 60 years.
II. (a) For a member who is in vested status before January 1, 2012 and, who has completed 20 or more years of combined creditable service, one year shall be deducted from age 60 for each year of creditable group II service, provided that the age shall not be less than 45 years.
(b) For a member who commenced service on or after July 1, 2011 and who has completed 25 or more years of combined creditable service, one year shall be deducted from age 60 for each year of creditable group II service, provided that the age shall not be less than 50 years, and provided that a the member shall not be eligible to receive a retirement allowance until attaining the age of 52.5.
(c) For members who have not attained vested status prior to January 1, 2012, minimum age shall be as provided in the transition provisions in RSA 100-A:5, II(d) with one year deducted from age 60 to not less than the adjusted minimum age.

Source. 1988, 161:6. 2011, 224:170, eff. July 1, 2011.

Section 100-A:19-c

    100-A:19-c Service Retirement. –
Notwithstanding the retirement age requirements set forth in RSA 100-A:5, any member of the retirement system who has creditable service in both group I and group II, and who has attained the minimum age set forth in RSA 100-A:19-b, may retire on a service retirement allowance upon application as provided in RSA 100-A:5, I(a) or II(a). The split-benefit retirement allowance shall be determined as the sum of the retirement allowances with respect to service in each group classification computed as follows:
I. The average final compensation shall be as defined in RSA 100-A:1, XVIII, computed on the basis of the entire period of service in both classifications.
II. The group I portion of the retirement allowance shall be as provided in RSA 100-A:5, I(b), based on the number of years of creditable service in group I.
III. The group II portion of the retirement allowance shall be as provided in RSA 100-A:5, II(b), based on the number of years of creditable service in group II.

Source. 1988, 161:6, eff. July 1, 1988.

Section 100-A:19-d

    100-A:19-d Reduced Early Retirement. – Notwithstanding any other provision of law, any retirement system member who has creditable service in both group I and group II with at least 10 years combined creditable service, and who has attained an age which is at least 45 for members who are in vested status with group II service before January 1, 2012 or at least 50 for members who commenced group II service on or after July 1, 2011, and group II members who have not attained vested status prior to January 1, 2012 shall be as provided in the transition provisions in RSA 100-A:5, II(d), and is within 10 years of the minimum age set forth in RSA 100-A:19-b, may elect to retire and have benefits commence immediately as a reduced split-benefit service retirement allowance. Application shall be as provided in RSA 100-A:5, I(c). The allowance shall be determined as a split-benefit service retirement allowance in accordance with RSA 100-A:19-c, and the total combined split-benefit service allowance shall be reduced by the percentages shown in RSA 100-A:5, I(c), based on the total combined length of creditable service, for each month by which the date on which benefits commence precedes the month after which the member attains the minimum age set forth in RSA 100-A:19-b.

Source. 1988, 161:6. 2011, 224:171, eff. July 1, 2011.

Section 100-A:19-e

    100-A:19-e Vested Deferred Retirement. – Notwithstanding the vesting requirements of RSA 100-A:10, any member who has creditable service in both group I and group II with at least 10 years combined creditable service and who, for reasons other than retirement or death, ceases to be a member of the retirement system may elect, as provided in RSA 100-A:10, to receive a vested deferred retirement allowance. A member who has made such election shall receive a split-benefit vested deferred retirement allowance commencing upon attainment of the minimum age as set forth in RSA 100-A:19-b in an amount equal to the service retirement allowance as provided in RSA 100-A:19-c based on average final compensation and creditable service at the time service is terminated, or at an earlier age in a reduced amount as provided in RSA 100-A:19-d.

Source. 1988, 161:6, eff. July 1, 1988.

Section 100-A:19-f

    100-A:19-f Ordinary Disability Retirement. –
Notwithstanding the creditable service requirements set forth in RSA 100-A:6, any member in service who has creditable service in both group I and group II with at least 10 years combined creditable service may be retired on an ordinary disability retirement allowance as provided in RSA 100-A:6, I(a) or II(a), subject to all applicable provisions of RSA 100-A:6. If the member has attained the minimum age as set forth in RSA 100-A:19-b, the split-benefit ordinary disability retirement allowance shall be equivalent to a split-benefit service retirement allowance as provided in RSA 100-A:19-c; otherwise, the allowance shall be determined as the sum of the ordinary disability retirement allowance with respect to service in each group classification computed as follows; provided, however, that the total combined ordinary disability retirement allowance payable before the reduction provided in RSA 100-A:5, I(b) for the group I portion shall not be less than the minimum provided in RSA 100-A:6, I(b) or II(b) depending on the member's group classification at the time of retirement:
I. The average final compensation shall be as defined in RSA 100-A:1, XVIII, computed on the basis of the entire period of service in both classifications.
II. The group I portion of the ordinary disability retirement allowance shall be equal to 90 percent of the service retirement allowance as provided in RSA 100-A:5, I(b), based on the number of years of creditable service in group I.
III. The group II portion of the ordinary disability retirement allowance shall be equal to the service retirement allowance as provided in RSA 100-A:5, II(b), based on the number of years of creditable service in group II.

Source. 1988, 161:6, eff. July 1, 1988.

Section 100-A:19-g

    100-A:19-g Accidental Disability Retirement. – Upon accidental disability retirement as provided in RSA 100-A:6, I(c) or II(c) of any member in service who has creditable service in both group I and group II, if the member is a group I member at the time of retirement and has attained age 60, the accidental disability retirement allowance shall be equivalent to a split-benefit service retirement allowance as provided in RSA 100-A:19-c; otherwise, the accidental disability allowance shall be as provided in RSA 100-A:6, I(d) or II(d) depending on the member's group classification at the time of retirement.

Source. 1988, 161:6, eff. July 1, 1988.

Section 100-A:19-h

    100-A:19-h Predecessor Systems. – Any member of the retirement system who has creditable service in both the New Hampshire retirement system and a predecessor system, by reason of having ceased to be eligible for membership in such predecessor system because of change of job classification or transfer to a different job, may retire under the provisions of this subdivision. The allowance with respect to service in the predecessor system shall be computed on the basis of the provisions of the predecessor system. The minimum age shall be computed as provided in RSA 100-A:19-b, with service in the New Hampshire policemen's retirement system or the New Hampshire permanent firemen's retirement system being counted as group II service and service in any other predecessor system being counted as group I service.

Source. 1988, 161:6, eff. July 1, 1988.

Participation by Certain Employees of Political Subdivisions

Section 100-A:20

    100-A:20 General Conditions for Participation. –
I. The governing board of any county, city, town, school district, school administrative unit or other political subdivision of the state may, by resolution legally adopted, in form approved by the board of trustees, elect to have its officers and employees become eligible to participate in the retirement system. After such election, such body shall be known as an employer for purposes of this chapter. The board of trustees shall set the date when the participation of the officers and employees of any employer shall become effective, and then such officers and employees may become members and participate herein, as provided in this subdivision. Notwithstanding anything to the contrary, employees of any employer who are members of one or more of the predecessor systems and who have not elected, pursuant to RSA 100-A:3, to become members shall not be entitled to become members; and employees who are members of any local retirement system other than a local retirement system for teachers shall be entitled to become members only as provided in RSA 100-A:21. "Local retirement system" for purposes of this subdivision shall mean any retirement system or other arrangement for the payment of retirement benefits in existence at the time of passage of this chapter, which is supported wholly or in part by public funds, exclusive of the predecessor systems as defined in RSA 100-A:1.
I-a. The governing body of any school district that has elected pursuant to paragraph I to have its employees participate in the retirement system may also elect to have employees participate in the New Hampshire retirement system who are employed in paraprofessional or support positions requiring direct involvement with students, such as the positions of classroom, academic, teacher, special education, library, or health aide/assistant, and who meet the minimum participation standards for full-time teachers as provided in rules adopted by the board of trustees.
II. Any governing board, as aforesaid, or authority which pursuant to either RSA 100:29 or 100:30 of the employees' retirement system of the state of New Hampshire elected to have its officers and employees become eligible to participate in that system and became an employer, as therein defined, shall, by virtue of said election become an employer as herein defined. Any members of that system, in the employ of such political subdivision or authority who, pursuant to the terms of RSA 100-A:3, elect to become members of this system as of January 1, 1968 or July 1, 1968, shall have the shares credited to their account in the employee annuity savings fund and the state annuity accumulation fund of said employees' retirement system transferred to the member annuity savings fund and the state annuity accumulation fund of the retirement system, respectively, in accordance with the provisions of RSA 100-A:16. Thereafter, all contributions on behalf of such members shall be made by such employer and member to the retirement system.
III. Any county that has elected under the provisions of paragraph I of this section to have its officers and employees become eligible to participate in the retirement system may further elect, by affirmative vote of the county convention upon recommendation of the county commissioners and the executive committee, to transfer from group I to group II of the retirement system such permanent correctional line personnel of the county correctional facilities who are defined as permanent policemen under RSA 100-A:1, VII(c). The election by the county convention of any one county to transfer such correctional line personnel from group I to group II shall not affect the retirement system classification of such correctional line personnel in any other county. Members so transferred following an affirmative vote of the county convention shall thereafter be group II members of the retirement system and shall make contributions as provided in RSA 100-A:16, I. The employer normal contribution and the proportions of the employer normal contribution to be paid by the county as employer and by the state on account of members so transferred shall be as provided in RSA 100-A:16, II(b). Upon retirement, death, or termination of service, a member so transferred under this section shall be entitled to split benefits as provided in RSA 100-A:19-a through 19-h.

Source. 1967, 134:1. 1979, 458:3. 1987, 335:6. 1988, 161:7. 2002, 80:1, eff. July 1, 2002.

Section 100-A:21

    100-A:21 Participation of Members of Local Retirement Systems. –
I. Should a majority of the members of any local retirement system elect to become members of the retirement system, by a petition duly signed by such members, and should their employer elect to have them participate by resolution legally adopted in form approved by the board of trustees of the retirement system, such employees shall participate in the retirement system as though such local retirement system were not in operation. The retirement allowances being paid by the local retirement system on the date such participation in the retirement system becomes effective shall be continued and paid at their existing rates by the retirement system and the liability on this account shall be included in the computation of the accrued liability contribution payable by the employer as provided by RSA 100-A:24. Any cash and securities to the credit of the local retirement system shall be transferred to the retirement system as of the date participation begins. The trustees or other administrative head of the local retirement system as of the date of participation shall certify the proportion of any of the funds of the local retirement system that represents the accumulated contributions of the members and the relative shares of the members as of that date. Such shares shall be credited to the respective annuity savings account of such members in the retirement system as additional contributions. The balance of the funds transferred to the retirement system shall be offset against the accrued liability before determining the special accrued liability contribution to be paid by the employer as provided by RSA 100-A:24. The operation of the local retirement system shall be discontinued as of the date participation becomes effective in the retirement system.
II. Any members of any local retirement system who, pursuant to the provisions of RSA 100:33 of the employees' retirement system of the state of New Hampshire, elected to become members of said system and who, pursuant to the terms of RSA 100-A:3, elect to become members of the retirement system as of January 1, 1968 or July 1, 1968, shall have the shares credited to their account in the employee annuity savings fund and the state annuity accumulation fund of said employees' retirement system transferred to the member annuity savings fund and the state annuity accumulation fund of the retirement system respectively in accordance with the provisions of RSA 100-A:16. The employer of those members who so elect shall become an employer for purposes of the retirement system and thereafter all contributions on behalf of such members shall be made by such employer and member to the retirement system.

Source. 1967, 134:1, eff. July 1, 1967.

Section 100-A:22

    100-A:22 Modifications. – Membership in the retirement system shall be optional for officers and employees of the employer who are in the service of the employer on the date when participation becomes effective, and any such officer or employee who elects to join the retirement system within one year thereafter shall be credited with prior service covering such periods of prior service rendered to such employer for which the employer is willing to make accrued liability contributions. If the employer is unable or unwilling to make such contributions, a member in service may petition the board of trustees for periods of prior service rendered to such employer. Upon payment by the member of the amount determined in accordance with RSA 100-A:3, VI(b) and with the approval of the board, the member shall receive credit for such prior service. Thereafter, service for such employer on account of which contributions are made by the employer and member shall also be considered as creditable service. However, in no event shall prior service purchased as creditable service under this section be used as creditable service for the purpose of eligibility for medical benefits under RSA 100-A:52, RSA 100-A:52-a, or RSA 100-A:52-b. Membership shall be compulsory for all employees entering the service of such employer after the date participation becomes effective. Municipalities may, by action of their city council or board of selectmen, exempt their chief administrative officer, at the time of initial hiring or appointment, from compulsory membership provided herein. The chief fiscal officer of the employer, and the heads of its departments, shall submit to the board of trustees such information and shall cause to be performed with respect to the employees of such employer, who are members of the retirement system, such duties as shall be prescribed by the trustees in order to carry out the provisions of this chapter.

Source. 1967, 134:1. 1973, 343:1. 1986, 104:1. 1989, 226:1. 1995, 269:4. 1999, 165:1. 2002, 146:1. 2004, 216:5. 2006, 178:6, eff. July 24, 2006.

Section 100-A:22-a

    100-A:22-a Notice. – Any officer or employee for whom membership in the retirement system first becomes optional under RSA 100-A:22 on or after July 1, 1989, shall be given by his employer within a reasonable time after the date upon which membership becomes optional written notice of his option to join the retirement system.

Source. 1989, 323:5, eff. July 1, 1989.

Section 100-A:23

    100-A:23 Benefits. –
I. Employees who become members of the retirement system under the provisions of RSA 100-A:20 through 100-A:22 and on behalf of whom contributions are paid as provided herein shall be entitled to benefits under the retirement system as though they were state employees.
II. [Repealed.]

Source. 1967, 134:1. 1979, 420:5. 1995, 269:5, IV, eff. July 1, 1995.

Section 100-A:24

    100-A:24 Contributions. –
I. Employees who have become members of the retirement system under the provisions of this subdivision shall contribute at the same rates of contribution and on the same basis as state employees.
II. Employers whose employees become members of the retirement system under the provisions of this subdivision shall make contributions in behalf of their employees corresponding to the contributions which the state makes in behalf of state employees, except that each employer shall make a special accrued liability contribution, which shall be determined by an actuarial valuation of the accrued liability on account of the employees of such employer who elect to become members, in the same way as the accrued liability contribution is determined for state employees. The accrued liability contribution, as so determined, shall be payable by each employer in lieu of the accrued liability contribution payable by the state on account of state employees. The expense of making the valuation to determine the accrued liability upon which the annual contribution shall be based shall be assessed against and paid by the employer or employers on whose account the valuation is necessary.
III. The contributions payable by employers whose employees participate in the retirement system shall be certified by the board of trustees to the chief fiscal officer of the employer and shall include a pro rata share of the cost of administration of the retirement system based upon the payroll of the employees of the employer who are members. The amounts so certified shall be a charge against the employer. The chief fiscal officer of each such employer shall pay to the state treasurer the amount certified by the board of trustees as payable under the provisions of this subdivision, and the state treasurer shall credit such amounts to the appropriate funds of the retirement system.
IV. The agreement of any employer to contribute on account of its employees shall be irrevocable, but should an employer for any reason become financially unable to make the contributions payable on account of its employees as set forth in this subdivision, then such employer shall be deemed to be in default. All members of the retirement system who were employees of such employer at the time of default shall thereupon be entitled to discontinue membership and to a refund of their previous contributions upon demand made within 90 days thereafter. As of a date 90 days following the date of such default, the board shall have an actuary determine by actuarial valuation the amount of the reserves held on account of each remaining active member and beneficiary of such employer and shall credit to each such member and beneficiary the amount of reserves so held. The reserves so credited, together with the amount of the accumulated contributions of each such active member, shall be used to provide for him a paid-up deferred annuity beginning at age 65, and the reserve of each beneficiary shall be used in providing such part of his existing retirement allowance as the reserve so held will provide, which retirement allowance shall thereafter be payable to him. The rights and privileges of both active members and beneficiaries of such employer shall thereupon terminate, except as to the payment of the deferred annuity so provided and the retirement allowance, or parts thereof, provided for the beneficiaries.

Source. 1967, 134:1, eff. July 1, 1967.

Section 100-A:24-a

    100-A:24-a Pension Portability, Purchase of Permissive Service Credit. –
I. A member participating under a retirement arrangement federally tax-qualified under Sections 403(b) or 457 of the United States Internal Revenue Code of 1986, as amended, may authorize a direct trustee-to-trustee transfer of funds credited to the member's account held under such transferor plan for purchase under the retirement system of permissive service credit, as defined in Section 415(n)(3)(A) of the United States Internal Revenue Code of 1986, as amended, or for the purchase of qualifying prior service, on behalf of such member.
II. The provisions of this section shall be subject to such restrictions or qualifications as may be required by the retirement system in conformity with applicable provisions of the United States Internal Revenue Code of 1986, as amended.
III. Service credit purchased under this section shall be creditable service for the purpose of eligibility for retirement and other benefits under RSA 100-A as may be permitted under applicable provisions of the United States Internal Revenue Code of 1986, as amended.

Source. 2002, 146:2, eff. Nov. 9, 2002.

Section 100-A:25

    100-A:25 Limitation on Payments. – Notwithstanding anything to the contrary in this subdivision, the retirement system shall not be liable for the payment of any retirement allowance or other benefits on account of the employees or beneficiaries of any employer for which reserves have not been previously created from funds contributed by such employer, or its employees, for such benefits.

Source. 1967, 134:1, eff. July 1, 1967.

Miscellaneous

Section 100-A:26

    100-A:26 Exemption From Taxation and Execution. – The right of a person to any benefit or to any other right accrued or accruing to any person under the provisions of this chapter, and the monies in the funds created hereby, shall be exempted from any state, county or municipal tax in the state, and shall not be subject to execution, trustee process, attachment or any other process whatsoever, legal or equitable, and shall be unassignable except as herein specifically provided.

Source. 1967, 134:1, eff. July 1, 1967.

Section 100-A:26-a

    100-A:26-a Benefit Assignments, Etc. – Notwithstanding any provision of law to the contrary, the right of a person to any benefit or to any other right accrued or accruing to any person under the provisions of this chapter, and the monies in the funds created hereby shall be subject to assignment, attachment and execution to the same extent as such rights under private retirement systems.

Source. 1977, 465:1, eff. Sept. 10, 1977.

Section 100-A:27

    100-A:27 Protection Against Fraud. – Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud the system as a result of such act, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. Should any change or error in the records result in any member or beneficiary receiving from the system more or less than he would have been entitled to receive had the records been correct, the board of trustees shall have the power to correct such error, and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.

Source. 1967, 134:1. 1973, 528:34, eff. Oct. 31, 1973, at 11:59 p.m.

Section 100-A:28

    100-A:28 Limitation on Membership. – This retirement system and the provisions hereof shall not apply to any person benefited by or entitled to participate under any other provisions of law which provides wholly or in part at the expense of the state or any other employer, for retirement benefits for employees, teachers, permanent policemen, and permanent firemen employed by the state or such other employer, their widows or other dependents, with respect to the same period of service for which they are eligible for benefits under the terms of this chapter. The provisions of this section shall not apply to any person participating in, or receiving or eligible to receive benefits under the old-age and survivors insurance provisions of Title II of the federal Social Security Act, as amended or under a retirement arrangement federally tax-qualified under sections 403(b) or 457 of the United States Internal Revenue Code of 1986, as amended. The provisions of this section shall not apply with respect to the purchase of prior service credit under RSA 100-A:3, VI by any person who had participated in or deemed eligible to receive benefits under a retirement arrangement funded, wholly or in part, by contributions from a political subdivision of the state, or an agency or instrumentality of a political subdivision of the state; provided, that such arrangement shall first be terminated in full, but in no event later than December 31, 2005; and, further provided, that the benefits thereunder shall be distributed in their entirety to eligible participants and beneficiaries in accordance with the terms and conditions of such terminated retirement arrangement.

Source. 1967, 134:1. 2002, 146:3. 2004, 216:1, eff. July 1, 2004.

Section 100-A:28-a

    100-A:28-a Repealed by 1991, 313:4, eff. June 30, 1991. –

Section 100-A:28-b

    100-A:28-b Certain Teacher and Employee Members; Gainful Occupation. – If the board of trustees finds that any disability beneficiary, receiving benefits under the provisions of RSA 100 or RSA 192, is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and the annual amount of compensation currently payable for the job classification last held by the beneficiary prior to his disability retirement, then his state annuity shall be reduced to an amount which, together with his member annuity and the annual amount earnable by him, is equal to the annual amount of compensation currently payable for the job classification last held by the disabled beneficiary. Such reduction shall not be made if the disabled beneficiary demonstrates to the satisfaction of the board of trustees that the annual compensation currently earnable by him does not exceed the difference between his retirement allowance and the annual amount of compensation currently payable for the job classification which he last held prior to his disability retirement. If his earning capacity is later changed, his state annuity may be further modified; provided that the new state annuity shall not exceed the amount of the state annuity originally granted nor an amount which, when added to the amount earnable by him, together with his member annuity, equals the annual amount of compensation currently payable for the job classification last held prior to his disability retirement. It shall be the responsibility of the disability beneficiary to file with the board of trustees, annually on a date determined by the board, proof of the annual amount of compensation currently earnable by him and of the annual amount of compensation currently payable for the job classification last held by him prior to his disability retirement.

Source. 1977, 421:3, eff. July 5, 1977.

Section 100-A:28-c

    100-A:28-c Participation Standards; Classified State Employees. –
I. In order to be eligible for participation in the retirement system, an employee as defined in RSA 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 RSA 21-I:30, RSA 21-I:30-a, or RSA 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.

Source. 2011, 248:1, eff. July 13, 2011.

Employees of Certain Non-governmental Entities

Section 100-A:29

    100-A:29 Repealed by 1991, 358:7, I, eff. June 30, 1991. –

Section 100-A:30

    100-A:30 Repealed by 1991, 358:7, II, eff. June 30, 1991. –

Section 100-A:31

    100-A:31 Repealed by 1991, 358:7, III, eff. June 30, 1991. –

Transfer of Conservation Officers From Group I or From the Employees' Retirement System of the State of New Hampshire, to Group II

Section 100-A:32

    100-A:32 Repealed by 1987, 335:9, I, eff. July 24, 1987. –

Predecessor Systems-Transfer and Termination

Section 100-A:33

    100-A:33 Transfer of Members. – Any person who, as of May 31, 1989, is actively employed and is earning benefits and making contributions in accordance with the provisions of any predecessor system of the New Hampshire retirement system shall, effective August 1, 1989, earn benefits and make contributions under the provisions of this chapter and, upon retirement, death, disability, or termination shall be considered to have been a full member of the New Hampshire retirement system for the entire period of creditable service in either system as provided in RSA 100-A:4, I; provided, however, that any such person may elect, by notification in writing to the board of trustees on or before July 15, 1989, to continue to make contributions and earn benefits under the provisions of the predecessor system; and any such election shall thereafter be irrevocable.

Source. 1969, 282:1. 1989, 238:3, eff. May 24, 1989.

Section 100-A:33-a

    100-A:33-a Repealed by 1989, 238:9, II, eff. May 24, 1989. –

Section 100-A:33-b

    100-A:33-b Members of Predecessor Systems. – Notwithstanding RSA 100-A:33 or any other provisions of law, any person who is a member of any predecessor system of the New Hampshire retirement system and is currently receiving benefits, or upon that person's retirement, death, disability, or termination, shall, upon the payment of any actuarially determined accrued liability cost, be considered to have been a full member of the New Hampshire retirement system for the entire period of creditable service in either system and shall receive all benefits to which he or she is entitled as a full member of the New Hampshire retirement system. Any funds made available for payment of such accrued liability cost shall not be a draw on any state funds.

Source. 1998, 295:1, eff. July 1, 1998.

Section 100-A:34

    100-A:34 Repealed by 2006, 120:19, eff. July 14, 2006. –

Section 100-A:34-a

    100-A:34-a Transfer of Benefits. – All retired employee and teacher members of predecessor systems of the New Hampshire retirement system except teachers retired prior to July 1, 1957, irrespective of date of retirement, shall receive benefits according to the provisions of this chapter for group I members of the New Hampshire retirement system, as provided in 1988, 193:7, effective July 1, 1988.

Source. 1989, 238:4, eff. May 24, 1989.

Section 100-A:35

    100-A:35 Merger of New Hampshire Teachers' Retirement System. – Effective July 1, 1973, the New Hampshire teachers' retirement system, as provided by RSA 192, shall be merged into and become a part of the New Hampshire retirement system. All retired members and beneficiaries who are receiving or are eligible to receive benefits under RSA 192 shall receive the same benefits from the New Hampshire retirement system, but in accordance with the payment provisions and restrictions of the New Hampshire teachers' retirement system. All assets and liabilities under the New Hampshire teachers' retirement system are hereby transferred to the New Hampshire retirement system. The regulations and provisions of the New Hampshire teachers' retirement system shall hereby be considered a part of the regulations and provisions of the New Hampshire retirement system for purposes of administering this section.

Source. 1973, 540:1. 1989, 238:5, eff. May 24, 1989.

Section 100-A:36

    100-A:36 Termination of the New Hampshire Teachers' Retirement System. – Effective July 1, 1973, the New Hampshire teachers' retirement system as provided under RSA 192:1-29 shall cease to exist as an operating retirement system. All assets and liabilities of the New Hampshire teachers' retirement system are hereby transferred to the New Hampshire retirement system to be administered in accordance with RSA 100-A:35. The regulations and provisions of the New Hampshire teachers' retirement system shall be considered a part of the regulations and provisions of the New Hampshire retirement system for purposes of administering RSA 100-A:35.

Source. 1973, 540:2, eff. July 1, 1973.

Section 100-A:36-a

    100-A:36-a Merger of Employees' Retirement System of the State of New Hampshire. – Effective January 1, 1976, the employees' retirement system of the state of New Hampshire, as provided by RSA 100, shall be merged into and become a part of the New Hampshire retirement system. All retired members and beneficiaries who are receiving or are eligible to receive benefits under RSA 100 shall receive the same benefits from the New Hampshire retirement system, but in accordance with the payment provisions and restrictions of the employees' retirement system of the state of New Hampshire. All assets and liabilities under the employees' retirement system of the state of New Hampshire are hereby transferred to the New Hampshire retirement system. The regulations and provisions of the employees' retirement system of the state of New Hampshire shall hereby be considered a part of the regulations and provisions of the New Hampshire retirement system for purposes of administering this section.

Source. 1975, 461:7. 1989, 238:6, eff. May 24, 1989.

Section 100-A:36-b

    100-A:36-b Termination of Employees' Retirement System of the State of New Hampshire. – Effective January 1, 1976, the employees' retirement system of the state of New Hampshire shall cease to exist as an operating retirement system. All assets and liabilities of the employees' retirement system of the state of New Hampshire are hereby transferred to the New Hampshire retirement system to be administered in accordance with RSA 100-A:36-a. The regulations and provisions of the employees' retirement system of the state of New Hampshire shall be considered a part of the regulations and provisions of the New Hampshire retirement system for purposes of administering RSA 100-A:36-a.

Source. 1975, 461:7, eff. July 1, 1975.

Section 100-A:36-c

    100-A:36-c Repealed by 1987, 335:9, II, eff. July 24, 1987. –

Section 100-A:36-d

    100-A:36-d Repealed by 1989, 238:9, III, eff. May 24, 1989. –

Section 100-A:36-e

    100-A:36-e Merger of New Hampshire Permanent Firemen's Retirement System. – Effective January 1, 1982, the New Hampshire permanent firemen's retirement system, as provided by RSA 102, shall be merged into and become a part of the New Hampshire retirement system. All retired members and beneficiaries who are receiving or are eligible to receive benefits under RSA 102 shall receive the same benefits from the New Hampshire retirement system, but in accordance with the payment provisions and restrictions of the New Hampshire permanent firemen's retirement system. All assets and liabilities under the New Hampshire permanent firemen's retirement system are hereby transferred to the New Hampshire retirement system. The rules and provisions of the New Hampshire permanent firemen's retirement system shall hereby be considered a part of the rules and provisions of the New Hampshire retirement system for purposes of administering this section.

Source. 1981, 559:1. 1989, 238:7, eff. May 24, 1989.

Section 100-A:36-f

    100-A:36-f Termination of New Hampshire Permanent Firemen's Retirement System. – Effective January 1, 1982, the New Hampshire permanent firemen's retirement system shall cease to exist as an operating retirement system. All assets and liabilities of the New Hampshire permanent firemen's retirement system are hereby transferred to the New Hampshire retirement system to be administered in accordance with RSA 100-A:36-e. The rules and provisions of the New Hampshire permanent firemen's retirement system shall be considered a part of the rules and provisions of the New Hampshire retirement system for purposes of administering RSA 100-A:36-e.

Source. 1981, 559:1, eff. July 1, 1981.

Section 100-A:36-g

    100-A:36-g Merger of New Hampshire Policemen's Retirement System. – Effective July 1, 1989, the New Hampshire policemen's retirement system, as provided by RSA 103, shall be merged into and become a part of the New Hampshire retirement system. All retired members and beneficiaries who are receiving or are eligible to receive benefits under RSA 103 shall receive the same benefits from the New Hampshire retirement system, but in accordance with the payment provisions and restrictions of the New Hampshire policemen's retirement system. All assets and liabilities under the New Hampshire policemen's retirement system are hereby transferred to the New Hampshire retirement system. The rules and provisions of the New Hampshire policemen's retirement system shall hereby be considered a part of the rules and provisions of the New Hampshire retirement system for purposes of administering this section.

Source. 1989, 238:8, eff. May 24, 1989.

Section 100-A:36-h

    100-A:36-h Termination of New Hampshire Policemen's Retirement System. – Effective July 1, 1989, the New Hampshire policemen's retirement system shall cease to exist as an operating retirement system. All assets and liabilities of the New Hampshire policemen's retirement system are hereby transferred to the New Hampshire retirement system to be administered in accordance with RSA 100-A:36-g. The rules and provisions of the New Hampshire policemen's retirement system shall be considered a part of the rules and provisions of the New Hampshire retirement system for purposes of administering RSA 100-A:36-g.

Source. 1989, 238:8, eff. May 24, 1989.

Supplemental Allowances

Section 100-A:37

    100-A:37 Repealed by 1977, 528:12, eff. July 1, 1977. –

Section 100-A:38

    100-A:38 Repealed by 1977, 528:16, eff. July 1, 1977. –

Section 100-A:39

    100-A:39 Repealed by 1977, 528:20, eff. July 1, 1977. –

Section 100-A:40

    100-A:40 Repealed by 1989, 400:4, I, eff. July 1, 1989. –

Section 100-A:41

    100-A:41 Repealed by 1977, 528:25, eff. July 1, 1977. –

Section 100-A:41-a

    100-A:41-a Repealed by 2019, 340:2, eff. July 1, 2019. –

Section 100-A:41-b

    100-A:41-b Repealed by 2014, 183:9, II, eff. July 1, 2014. –

Section 100-A:41-c, 100-A:41-d

    100-A:41-c, 100-A:41-d Repealed by 2019, 340:2, eff. July 1, 2019. –

Section 100-A:41-e

    100-A:41-e Cost of Living Adjustment; Supplemental Allowance. –
I. Any retired member of the New Hampshire retirement system or any of its predecessor systems, who has been retired for at least 60 months prior to or on July 1, 2019, or any beneficiary of such member who is receiving an allowance, shall be entitled to receive a cost of living adjustment (COLA) as a supplemental allowance, on the retired member's first anniversary date occurring after July 1, 2020. The amount of such supplemental allowance shall be 1 1/2 percent of a member's or beneficiary's annual retirement allowance which is $50,000 or less, or otherwise 1 1/2 percent of the first $50,000 of a retired member's or beneficiary's allowance.
II. The total actuarial cost of the supplemental allowance under paragraph I, as determined by the actuary and certified by the board of trustees of the retirement system, shall be terminally funded from the state annuity accumulation fund.
III. The supplemental allowance shall become a permanent addition to the beneficiary's base retirement allowance and shall be included in the monthly annuity paid to the retired member, or to the member's beneficiary if the member is deceased and the beneficiary is receiving an allowance under RSA 100-A:8, 100-A:9, 100-A:12, 100-A:13, or similar provisions of predecessor systems.

Source. 2019, 340:1, eff. July 1, 2019.

Section 100-A:42

    100-A:42 Repealed by 1989, 400:4, II, eff. July 1, 1989. –

Section 100-A:42-a

    100-A:42-a Repealed by 1989, 400:4, III, eff. July 1, 1989. –

Section 100-A:42-b

    100-A:42-b Repealed by 1989, 400:4, IV, eff. July 1, 1989. –

Section 100-A:42-c

    100-A:42-c Repealed by 1989, 400:4, V, eff. July 1, 1989. –

Withdrawal

Section 100-A:43

    100-A:43 Withdrawal Authorized. – Notwithstanding any governing board, or authority which, pursuant to RSA 100:29 or 30, RSA 100:49 or 50 or any governing board or authority which, pursuant to RSA 100-A:20 or RSA 100-A:29 or 30, elected to have its officers and employees become eligible to participate under the respective systems, such officers and employees are hereby authorized to withdraw from the retirement system on the next anniversary date of their participation provided notice is filed with the board of trustees, on a form prescribed by the board, no less than 120 days prior to the withdrawal date. The right of an employer to withdraw from the retirement system under this section shall be subject to the condition that prior to withdrawal, the employer shall present to the board of trustees a certified report from an enrolled actuary which states that the alternative benefits which shall be provided to its employees shall be at least equal to the benefits which the employees currently receive from the retirement system; provided, however, that an employer which has an established unfunded accrued liability at the time which it elects to withdraw from the retirement system under this section, and whose officers and employees have elected to and are receiving retirement benefits or have filed for a vested deferred retirement allowance, shall pay the balance of the unfunded accrued liability on a prorated basis as determined by the retirement system actuary for any such officers or employees.

Source. 1977, 262:1. 1983, 308:1, eff. July 1, 1983; 443:2, eff. July 1, 1983 at 12:01 a.m.

Section 100-A:43-a

    100-A:43-a Withdrawal Procedure. –
The withdrawal authorized by RSA 100-A:43 may occur upon the following conditions:
I. That 3/4 of the officers and employees of said employer who are members of the retirement system and who are eligible under the provisions of RSA 100-A:10 for a vested deferred retirement allowance vote to withdraw, such vote being advisory only; and
II. If the governing body shall elect to withdraw as a participating employer and further, that the governing body submits written notice of the employee vote and the request to withdraw to the board of trustees of the New Hampshire retirement system.

Source. 1983, 344:1, eff. Aug. 17, 1983.

Section 100-A:43-b

    100-A:43-b Officer or Employee Rights Upon Withdrawal. – Any officer or employee withdrawing from the retirement system pursuant to RSA 100-A:43 and 100-A:43-a shall be entitled to withdraw his accumulated member contributions which shall be credited with accumulated interest to the date of withdrawal. After withdrawal, the employer will cease to be required to make contributions to the retirement system for the normal contribution or to the balance of the established unfunded accrued liability.

Source. 1983, 344:1, eff. Aug. 17, 1983.

Executive Director

Section 100-A:44

    100-A:44 Appointment; Removal. – The board of trustees of the retirement system shall have the full power to appoint and compensate an executive director to perform such duties on such terms as it may require.

Source. 1977, 488:10. 2000, 246:4. 2001, 158:78, eff. July 1, 2001.

Section 100-A:45

    100-A:45 Oath; Bond. – Before entering upon the duties of the office, the executive director shall be sworn, and shall give bond to the state in the sum of $20,000, with sufficient sureties to be approved by the board, conditioned for the faithful discharge of the duties of the office. The bond shall be filed and preserved in the office of the secretary of state.

Source. 1977, 488:10. 2000, 246:4, eff. July 1, 2000.

Section 100-A:46

    100-A:46 Duties. – The executive director shall be in charge of the office of the board of trustees of the retirement system under the direction of the board. The executive director shall perform such other duties as may be assigned by the board.

Source. 1977, 488:10. 2000, 246:4, eff. July 1, 2000.

Section 100-A:47

    100-A:47 Salary. – The annual salary of the executive director shall be set at such rates as the board of trustees may deem necessary to attract and retain a suitably qualified individual.

Source. 1977, 488:10. 2000, 246:4. 2001, 158:79, eff. July 1, 2001.

Director of Finance

Section 100-A:47-a

    100-A:47-a Repealed by 2006, 178:9, eff. July 24, 2006. –

Benefits for Employees' System Members

Section 100-A:48, 100-A:49

    100-A:48, 100-A:49 Repealed by 1989, 238:9, IV, eff. May 24, 1989. –

Medical Benefits

Section 100-A:50

    100-A:50 Medical Insurance Coverage. –
I. Every political subdivision of the state that provides for its active employees any group medical insurance or group health care plan, including but not limited to hospitalization, hospital medical care, surgical care, dental care, or other group medical or health care plan, shall permit its employees upon retirement to continue to participate in the same medical insurance or health care group or plan as its active employees. Retired employees shall be deemed to be part of the same group as active employees of the same employer for purposes of determining medical insurance premiums. Coverage for spouses, other family members and beneficiaries of retirees shall also be permitted to the extent that coverage is provided for the spouses, other family members and beneficiaries of active employees. Present retirees not covered shall be permitted to rejoin the active employee health insurance or health care group. Persons retired prior to July 1, 1988, shall be given the opportunity to rejoin the group during a 2-year period, beginning on July 1, 1989, and ending on July 1, 1991. Such persons shall continue to participate in the same coverage as active employees without any benefit waiting period.
II. Each political subdivision, as employer, may elect to pay the full cost of group medical insurance or health care coverage for its retirees, or may require each retiree to pay any part or all of the cost of the retiree's participation. Such election may be made separately for retirees from different job classifications.

Source. 1988, 191:5. 1989, 348:2. 1990, 277:5, eff. July 1, 1990.

Section 100-A:51

    100-A:51 Authorized Deductions. – Upon request in writing of any retired former policeman, fireman, teacher, or employee member or beneficiary of the New Hampshire retirement system who participates in a group medical insurance or health care plan under the sponsorship of a political subdivision of the state as the retiree's former employer, the retirement system shall deduct from the monthly retirement allowance of such retired member or beneficiary the cost to the retiree or beneficiary of such medical insurance or health care coverage. The amounts so deducted shall be paid over by the retirement system for the benefit of the retiree or beneficiary, either directly to the insurer or health care provider or to the employer, as may be determined by agreement between the trustees of the retirement system and the employer.

Source. 1988, 191:5, eff. July 1, 1988.

Section 100-A:52

    100-A:52 Payment by Retirement System; Group II. –
I. The New Hampshire retirement system shall pay the cost for permanent group hospitalization, hospital medical care, surgical care and other medical and surgical benefits, in the employer-sponsored plan provided for active employees of a retiree's former employer, subject to the provisions of RSA 100-A:55, for the following persons:
(a) Any person retired as a group II member of the New Hampshire retirement system on service or disability retirement, provided that such person shall be entitled to retirement on the basis of group II creditable service without including any credit for service as a group I member of the retirement system, or any person retired on or before July 1, 1991, as a group I member whose service retirement benefit is based upon the provisions of RSA 100-A:19-c and who has a minimum of 10 years of creditable service as a group II member.
(b) The surviving spouse of a deceased retired group II member who met the qualifications of subparagraph (a), or of a deceased member who died while in service as a group II member, provided that such surviving spouse was covered as the member's spouse in the employer-sponsored plan before the member's death and is entitled to a monthly allowance under RSA 100-A:8, 100-A:9, 100-A:12 or 100-A:13.
(c) Any certifiably dependent child with a disability living in the household and being cared for by the qualified retired member, the member's spouse, or the qualified surviving spouse.
(d) The surviving spouse and children of a deceased group II member who dies as the natural and proximate result of injuries suffered while in the performance of duty, provided that:
(1) Any such child shall be qualified under this subparagraph only if under 18 years of age, or under 23 years of age if attending school on a full-time basis; and
(2) Such surviving spouse shall cease to be qualified upon the remarriage of the surviving spouse; and
(3) No surviving spouse or child shall be qualified or continue to be qualified under this subparagraph while receiving or eligible to receive medical insurance or health care benefits from any employer-sponsored plan.
(e) Any person who, prior to July 1, 1988, had completed no less than 20 years of group II creditable service, but who for reasons other than retirement or death ceased to be a group II member prior to attaining the age of 45, and who, as of July 1, 1993, is eligible for vested deferred retirement benefits.
(f) Persons who are group II permanent policemen members on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty who become permanent policemen members of group II after June 30, 1988, but before July 1, 1991.
(g) The spouse of a qualified retiree, until death or remarriage.
II. For the fiscal year beginning July 1, 2011, the maximum amount payable by the retirement system under this subdivision on account of each person qualified under paragraph I who is not entitled to Medicare benefits, shall be $375.56 per month, and on account of each person qualified under paragraph I who is entitled to Medicare benefits, shall be $236.84 per month. The rate payable under this paragraph shall not be increased.

[Paragraph III effective until 90 days after certification of receipt of favorable determination letter from IRS regarding tax qualified status of plan; see also paragraph III set out below.]


III. In the case of group II members retired from state employment before July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the amount payable by the retirement system on account of such persons shall be paid over to the state and used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the balance shall be paid by the state as provided in RSA 21-I:26-36.

[Paragraph III effective 90 days after certification of receipt of favorable determination letter from IRS regarding tax qualified status of plan; see also paragraph III set out above.]


III. In the case of group II members retired from state employment before July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the retirement system shall pay not less than the amounts provided in paragraph II on account of such persons and shall pay those amounts over to the state. Such payments shall be used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the balance shall be paid by the state as provided in RSA 21-I:26-36.

[Paragraph III-a effective until 90 days after certification of receipt of favorable determination letter from IRS regarding tax qualified status of plan; see also paragraph III-a set out below.]


III-a. In the case of group II members retired from state employment on or after July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the amount payable by the retirement system on account of such persons shall be paid over to the state and used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the state shall pay its portion as provided in RSA 21-I:26-36. If the cost of the premium for any retired group II member and spouse, surviving spouse, or any other person entitled to benefits under paragraph I shall exceed the maximum under paragraph II, and the state does not elect to pay the excess cost above the amount to be paid under RSA 21-I:26-36, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The state may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.

[Paragraph III-a effective 90 days after certification of receipt of favorable determination letter from IRS regarding tax qualified status of plan; see also paragraph III-a set out above.]


III-a. In the case of group II members retired from state employment on or after July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the retirement system shall pay not less than the amounts provided in paragraph II on account of such persons and shall pay those amounts over to the state. Such payments shall be used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the state shall pay its portion as provided in RSA 21-I:26-36. If the cost of the premium for any retired group II member and spouse, surviving spouse, or any other person entitled to benefits under paragraph I shall exceed the maximum under paragraph II, and the state does not elect to pay the excess cost above the amount to be paid under RSA 21-I:26-36, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The state may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.
IV. In the case of group II members retired from employment by political subdivisions of the state, the amount payable by the retirement system on account of qualified persons shall be paid over to the employer, insurer, or health care administrator and used to pay for all or part of the medical benefits provided through the former employer for qualified persons. If the cost of the premium for any retired group II member or surviving spouse shall exceed the maximum under paragraph II, and the employer does not elect to pay the excess cost, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The employer may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.
V. There shall be no age limit to participate in the medical and health benefits provided in paragraph I, and there shall be no physical examination or health statement required for such coverage, provided, however, that if an eligible retired group II member of the retirement system fails to apply for such coverage within the time required by the insurance contract, the insurer may require satisfactory evidence of insurability as a condition for becoming insured.
VI. Any group II member retired before July 1, 1988, or surviving spouse, who would have been eligible for medical benefits under this section if this section had been in effect on the member's date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member's former employer and of receiving benefits under this section, provided that such retired member or surviving spouse shall apply to the employer for such benefits before July 1, 1989. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer's plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer's group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.
VII. The retirement system shall notify all group II retirees and surviving spouse beneficiaries, who are currently drawing monthly allowances from the retirement system, of their possible right to re-join an active-employee medical insurance or health plan and to receive benefits under this section, and shall provide assistance to them in the preparation of the necessary application.
VIII. Any person who is eligible to receive group insurance or other medical benefits under the provisions of this section, but who does not need and who declines such benefits because they would be duplicative of coverage under any employer-sponsored plan, shall nevertheless continue to be eligible and, upon ceasing to be eligible for the other coverage, shall be permitted to receive the benefits allowable under this section without any waiting period.

Source. 1988, 191:5. 1990, 140:2, V; 277:2, 3, 6. 1991, 355:14, 15. 1993, 331:10. 1994, 310:1, 4. 1999, 274:2. 2006, 120:14, 15. 2008, 300:5. 2011, 224:176, eff. July 1, 2011. 2021, 91:14.

Section 100-A:52-a

    100-A:52-a Payment by Retirement System; Group I Teachers and Political Subdivision Employees –
I. The New Hampshire retirement system shall pay the cost for permanent group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits, in the employer-sponsored plan provided for active employees of a retiree's former employer, subject to the provisions of this section, for the following persons:
(a) Any person, who was eligible to retire as of July 1, 2008 with at least 20 years of creditable service as a group I member if age 60 or older, or who was eligible to retire as of July 1, 2008 with at least 30 years of creditable service as a group I member if age 55-59, and retired on or before July 1, 2009 as a group I teacher member or political subdivision employee member of the New Hampshire retirement system on service or ordinary disability retirement, provided that such person shall be entitled to retirement on the basis of group I creditable service, or any person retired on or before July 1, 2009, as a group I member whose service retirement benefit is based upon the provisions of RSA 100-A:19-c and who as of July 1, 2008 was eligible to retire with a minimum of 20 years of creditable service as a group I member.
(b) Any person who for reasons other than retirement or death ceases to be a group I teacher or political subdivision employee and retires with a vested deferred retirement allowance on or before July 1, 2009 if such person was eligible to retire as of July 1, 2008 either: (1) with no less than 20 years of group I creditable service and being at least 60 years old or subsequently attaining age 60; or (2) with no less than 30 years of group I creditable service and being at least 55 years of age or subsequently attaining age 55.
(c) Any person who was eligible to retire as of July 1, 2008 prior to age 60 with no less than 20 years of group I creditable service and who retired on or before July 1, 2009 as a group I teacher member or political subdivision employee member and who subsequent to July 1, 2008 attains the age of 60, or any person who was eligible to retire as of July 1, 2008 prior to age 55 with no less than 30 years of group I creditable service and who retired on or before July 1, 2009 as a group I teacher member or political subdivision employee member, and who subsequent to July 1, 2008 attains the age of 55.
(d) The surviving spouse of a deceased retired group I teacher member or political subdivision employee member who met the qualifications of subparagraphs (a), (b) or (c), or of a deceased member who died while in service as a group I teacher member or political subdivision employee member, provided that such surviving spouse was covered as the member's spouse in the employer-sponsored plan before the member's death and is entitled to a monthly allowance under RSA 100-A:8, 100-A:9, or 100-A:13.
(e) Any certifiably dependent child with a disability living in the household and being cared for by the qualified retired member, the member's spouse, or the qualified surviving spouse.
(f) The surviving spouse and children of a deceased teacher or group I political subdivision employee member who dies as the natural and proximate result of injuries suffered while in the performance of duty, provided that:
(1) Any such child shall be qualified under this subparagraph only if under 18 years of age, or under 23 years of age if attending school on a full-time basis; and
(2) Such surviving spouse shall cease to be qualified upon the remarriage of the surviving spouse; and
(3) No surviving spouse or child shall be qualified or continue to be qualified under this subparagraph while receiving or eligible to receive medical insurance or health care benefits from any employer's sponsored plan.
(g) Any group I teacher member or political subdivision employee member retired on or before July 1, 2004 on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty.
(h) The spouse of a qualified retiree, until death or remarriage.
I-a. Notwithstanding the provision of RSA 100-A:4, III-b, for the purpose of calculating creditable service for eligibility for medical benefits payment under paragraph I, each full year of job-sharing service of a teacher in a job-sharing position shall be calculated at 1/2 of one year of such service credit.
II. For each fiscal year beginning on or after July 1, 2007, the maximum amount payable by the retirement system under this subdivision on account of each person qualified under paragraph I who is not entitled to Medicare benefits, and on account of each person qualified under paragraph I who is entitled to Medicare benefits, shall be the same as the amount provided in RSA 100-A:52, II for group II retirees.
III. In the case of group I members retired from employment by political subdivisions of the state, the amount payable by the retirement system on account of qualified persons shall be paid over to the employer, insurer, or health care administrator and used to pay for all or part of the medical benefits provided through the former employer for qualified persons. If the cost of the premium for any eligible person under paragraph I shall exceed the maximum under paragraph II, and the employer does not elect to pay the excess cost, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The employer may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.
IV. There shall be no age limit to participate in the employer sponsored medical and health plan provided in paragraph I, and there shall be no physical examination or health statement required for such coverage, provided, however, that if an eligible retired group I teacher member or political subdivision employee member of the retirement system fails to apply for such coverage within the time required by the insurance contract, the insurer may require satisfactory evidence of insurability as a condition for becoming insured.
V. Any group I teacher member retired before January 1, 2000, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member's date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member's former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2002. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer's plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer's group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.
VI. Any group I political subdivision employee member retired before January 1, 2001, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member's date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member's former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2003. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer's plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer's group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.
VII. The retirement system shall notify all group I teacher and political subdivision employee retirees and surviving spouse beneficiaries, who are currently drawing monthly allowances from the retirement system, of their possible right to re-join and active-employee medical insurance or health plan and to receive benefits under this section.
VIII. Any person who is eligible to receive group insurance or other medical benefits under the provisions of this section, but who does not need and who declines such benefits because they would be duplicative of coverage under any employer-sponsored plan, shall nevertheless continue to be eligible and, upon ceasing to be eligible for the other coverage, shall be permitted to join the plan of the employer from which the member retired and to receive the benefits allowable under this section without any waiting period.

Source. 2000, 37:2; 266:2; 311:22. 2001, 116:2; 158:8; 264:1. 2006, 120:16. 2008, 86:1; 300:6. 2009, 12:1, eff. April 17, 2009; 164:1, eff. July 8, 2009.

Section 100-A:52-b

    100-A:52-b Payment by Retirement System; Group I. –
I. The New Hampshire retirement system shall pay the cost for permanent group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits, in the employer-sponsored plan provided for active employees of a retiree's former employer, subject to the provisions of this section, for the following persons:
(a) Any person, who has at least 20 years of creditable service as a group I member if age 60 or older, or at least 30 years of creditable service as a group I member if age 55-59, retired on or before July 1, 2004 as a group I member of the New Hampshire retirement system on service or ordinary disability retirement, provided that such person shall be entitled to retirement on the basis of group I creditable service, or any person retired on or before July 1, 2004, as a group I member whose service retirement benefit is based upon the provisions of RSA 100-A:19-c and who has a minimum of 20 years of creditable service as a group I member.
(b) Any person who has completed no less than 20 years of group I creditable service, but who for reasons other than retirement or death ceased to be a group I member prior to attaining the age of 60, and who, as of July 1, 2004, receives a vested deferred retirement allowance and who subsequently attains the age of 60.
(c) Any person who has completed no less than 20 years of group I creditable service and who retired as a group I member prior to age 60, and who subsequently attains the age of 60, or any person who has completed no less than 30 years of group I creditable service and who retired as a group I member prior to age 55, and who subsequently attains the age of 55.
(d) The surviving spouse of a deceased retired group I member who met the qualifications of subparagraphs (a), (b) or (c), or of a deceased member who died while in service as a group I member, provided that such surviving spouse was covered as the member's spouse in the employer-sponsored plan before the member's death and is entitled to a monthly allowance under RSA 100-A:8, 100-A:9, or 100-A:13.
(e) Any certifiably dependent child with a disability living in the household and being cared for by the qualified retired member, the member's spouse, or the qualified surviving spouse.
(f) The surviving spouse and children of a deceased group I member who dies as the natural and proximate result of injuries suffered while in the performance of duty, provided that:
(1) Any such child shall be qualified under this subparagraph only if under 18 years of age, or under 23 years of age if attending school on a full-time basis; and
(2) Such surviving spouse shall cease to be qualified upon the remarriage of the surviving spouse; and
(3) No surviving spouse or child shall be qualified or continue to be qualified under this subparagraph while receiving or eligible to receive medical insurance or health care benefits from any employer's sponsored plan.
(g) Any group I member retired on or before July 1, 2004 on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty.
(h) The spouse of a qualified retiree, until death or remarriage.
II. Notwithstanding the provision of RSA 100-A:4, III-b, for the purpose of calculating creditable service for eligibility for medical benefits payment under paragraph I, each full year of job-sharing service of a teacher in a job-sharing position shall be calculated at 1/2 of one year of such service credit.
III. For each fiscal year beginning on or after July 1, 2007, the maximum amount payable by the retirement system under this subdivision on account of each person qualified under paragraph I who is not entitled to Medicare benefits, and on account of each person qualified under paragraph I who is entitled to Medicare benefits, shall be the same as the amount provided in RSA 100-A:52, II for group II retirees.
IV. In the case of group I members retired from employment by political subdivisions of the state, the amount payable by the retirement system on account of qualified persons shall be paid over to the employer, insurer, or health care administrator and used to pay for all or part of the medical benefits provided through the former employer for qualified persons. If the cost of the premium for any eligible person under paragraph I shall exceed the maximum under paragraph III, and the employer does not elect to pay the excess cost, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The employer may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.

[Paragraph V effective until 90 days after certification of receipt of favorable determination letter from IRS regarding tax qualified status of plan; see also paragraph V set out below.]


V. As of July 1, 2001, in the case of group I members retired from state employment before July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the amount payable by the retirement system on account of such persons shall be paid over to the state and used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the balance shall be paid by the state as provided in RSA 21-I:26-36.

[Paragraph V effective 90 days after certification of receipt of favorable determination letter from IRS regarding tax qualified status of plan; see also paragraph V set out above.]


V. As of July 1, 2001, in the case of group I members retired from state employment before July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the retirement system shall pay not less than the amounts provided in paragraph III on account of such persons and shall pay those over to the state. Such payments shall be used to pay for all of part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the balance shall be paid by the state as provided in RSA 21-I:26-36.

[Paragraph VI effective until 90 days after certification of receipt of favorable determination letter from IRS regarding tax qualified status of plan; see also paragraph VI set out below.]


VI. As of July 1, 2001, in the case of group I members retired from state employment on or after July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the amount payable by the retirement system on account of such persons shall be paid over to the state and used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the state shall pay its portion as provided in RSA 21-I:26-36. If the cost of the premium for any retired group I member and spouse, surviving spouse, or any other person entitled to benefits under paragraph I shall exceed the maximum under paragraph III, and the state does not elect to pay the excess cost above the amount to be paid under RSA 21-I:26-36, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The state may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.

[Paragraph VI effective 90 days after certification of receipt of favorable determination letter from IRS regarding tax qualified status of plan; see also paragraph VI set out above.]


VI. As of July 1, 2001, in the case of group I members retired from state employment on or after July 1, 1991, and their beneficiaries who are eligible for coverage under this subdivision and also under the provisions of RSA 21-I:26-36, the retirement system shall pay not less than the amounts provided in paragraph III on account of such persons and shall pay those amounts over to the state. Such payments shall be used to pay for all or part of the medical benefits provided under RSA 21-I:26-36 for such persons, and the state shall pay its portion as provided in RSA 21-I:26-36. If the cost of the premium for any retired group I member and spouse, surviving spouse, or any other person entitled to benefits under paragraph I shall exceed the maximum under paragraph III, and the state does not elect to pay the excess cost above the amount to be paid under RSA 21-I:26-36, the excess cost shall be paid by the retiree or qualified surviving spouse and may be deducted from retirement benefits as provided in RSA 100-A:51. The state may require, as a condition for coverage, that the retiree or surviving spouse apply for deduction of such excess cost from retirement benefits as provided in RSA 100-A:51.
VII. There shall be no age limit to participate in the employer sponsored medical and health plan provided in paragraph I, and there shall be no physical examination or health statement required for such coverage, provided, however, that if an eligible retired group I member of the retirement system fails to apply for such coverage within the time required by the insurance contract, the insurer may require satisfactory evidence of insurability as a condition for becoming insured.
VIII. Any group I teacher member retired before January 1, 2000, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member's date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member's former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2002. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer's plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer's group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.
IX. Any group I political subdivision employee member retired before January 1, 2001, or other eligible person under paragraph I, who would have been eligible for medical benefits under this section if this section had been in effect on the member's date of retirement, shall have the option of re-joining the medical or health plan sponsored by the retired member's former employer and of receiving benefits under this section, provided that such eligible person shall apply to the employer for such benefits before January 1, 2003. Upon receipt of such application, the former employer shall enroll such retiree or other eligible person in the employer's plan in the same manner and subject to the same conditions as enrollment of a new employee but without any benefit-waiting period which may be applicable to new employees of that employer. Neither an employer nor an employer's group plan or insurer shall be liable for any claims incurred prior to the date of enrollment under this paragraph.
X. The retirement system shall notify all group I teacher and political subdivision employee retirees and surviving spouse beneficiaries, who are currently drawing monthly allowances from the retirement system, of their possible right to re-join and active-employee medical insurance or health plan and to receive benefits under this section.
XI. Any person who is eligible to receive group insurance or other medical benefits under the provisions of this section, but who does not need and who declines such benefits because they would be duplicative of coverage under any employer-sponsored plan, shall nevertheless continue to be eligible and, upon ceasing to be eligible for the other coverage, shall be permitted to receive the benefits allowable under this section without any waiting period.

Source. 2001, 158:110. 2002, 140:4. 2006, 120:17. 2008, 300:7, eff. June 30, 2008. 2021, 91:15.

Section 100-A:53

    100-A:53 Method of Financing; Group II. –
I. The benefits provided under RSA 100-A:52 shall be provided by a 401(h) subtrust of the New Hampshire retirement system. Beginning July 1, 2009, the 401(h) subtrust shall be funded by allocating to the subtrust the lesser of:
(a) 25 percent of group II employer contributions made for group II; or
(b) The percentage of group II employer contributions made for group II determined by the actuary to be the minimum rate necessary to maintain the benefits provided under RSA 100-A:52.
II. [Repealed.]
III. Except as provided in RSA 100-A:54, II, all contributions made to the retirement system to provide medical benefits under RSA 100-A:52 shall be maintained in a separate account, the 401(h) subtrust, and such funds shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter, including the special account established under RSA 100-A:16, II(h), may be used or diverted to provide medical benefits under RSA 100-A:52. The funds, if any, accumulated to provide medical benefits under RSA 100-A:52 may be invested pursuant to the provisions of RSA 100-A:15.

Source. 1988, 191:5. 1993, 331:11. 1994, 310:2. 1999, 274:3. 2008, 300:9, 27. 2012, 261:14, I, eff. July 1, 2012.

Section 100-A:53-a

    100-A:53-a Repealed by 2000, 266:9, eff. Jan. 1, 2001. –

Section 100-A:53-b

    100-A:53-b Method of Financing; Group I Teachers. –
I. The benefits provided under RSA 100-A:52-a shall be provided by a 401(h) subtrust of the New Hampshire retirement system. Beginning July 1, 2009, the 401(h) subtrust shall be funded by allocating to the subtrust the lesser of:
(a) 25 percent of group I teacher employer contributions made for group I teachers; or
(b) The percentage of group I employer contributions made for group I teachers determined by the actuary to be the minimum rate necessary to maintain the benefits provided under RSA 100-A:52-a.
II. All contributions made to the retirement system to provide medical benefits under RSA 100-A:52-a shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter, may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-a may be invested pursuant to the provisions of RSA 100-A:15.

Source. 1999, 274:4. 2000, 266:3. 2008, 300:10, 28. 2012, 261:7, eff. July 1, 2012.

Section 100-A:53-c

    100-A:53-c Method of Financing; Group I Political Subdivision Employees. –
I. The benefits provided under RSA 100-A:52-a shall be provided by a 401(h) subtrust of the New Hampshire retirement system. Beginning July 1, 2009, the 401(h) subtrust shall be funded by allocating to the subtrust the lesser of:
(a) 25 percent of group I employer contributions made for group I political subdivision employees; or
(b) The percentage of group I employer contributions made for group I political subdivision employees determined by the actuary to be the minimum rate necessary to maintain the benefits provided under RSA 100-A:52-a.
II. All contributions made to the retirement system to provide medical benefits under RSA 100-A:52-a shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter, may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-a may be invested pursuant to the provisions of RSA 100-A:15.

Source. 2000, 266:4. 2008, 300:11, 29. 2012, 261:8, eff. July 1, 2012.

Section 100-A:53-d

    100-A:53-d Method of Financing; Group I State Employees. –
I. The benefits provided under RSA 100-A:52-b shall be provided by a 401(h) subtrust of the New Hampshire retirement system. Beginning July 1, 2009, the 401(h) subtrust shall be funded by allocating to the subtrust the lesser of:
(a) 25 percent of group I employer contributions made for group I state employees; or
(b) The percentage of group I employer contributions made for group I state employees determined by the actuary to be the minimum rate necessary to maintain the benefits provided under RSA 100-A:52-b.
II. All contributions made to the retirement system to provide medical benefits under RSA 100-A:52-b shall be maintained in a separate account, the 401(h) subtrust. All funds and accumulated interest shall not be used for or diverted to any purpose other than to provide said medical benefits. Similarly, none of the funds accumulated to provide the retirement benefits set forth in this chapter, may be used or diverted to provide medical benefits under RSA 100-A:52-a. The funds, if any, providing medical benefits under RSA 100-A:52-b may be invested pursuant to the provisions of RSA 100-A:15.

Source. 2001, 158:111. 2008, 300:12, 30. 2012, 261:9, eff. July 1, 2012.

Section 100-A:53-e

    100-A:53-e Temporary Contribution Amounts and Ratification. –
I. Notwithstanding the provisions of RSA 100-A:53, 100-A:53-b, 100-A:53-c, and 100-A:53-d, for the period beginning July 1, 2000, and ending June 30, 2007, 331/3 percent of group II employer contributions, group I teacher contributions, group I employer contributions, and group I state employer contributions shall be allocated to the 401(h) subtrust of the New Hampshire retirement system in order to pay for the benefits provided under RSA 100-A:52, 100-A:52-a, and 100-A:52-b, subject to applicable limits under the Internal Revenue Code.
II. [Repealed.]
III. Actions taken by the New Hampshire retirement system in accordance with this section are hereby ratified.

Source. 2008, 300:26. 2012, 261:14, II, eff. July 1, 2012.

Section 100-A:54

    100-A:54 Miscellaneous Provisions. –
I. It is the intention of the state of New Hampshire that the New Hampshire retirement system continue to provide medical benefits under RSA 100-A:52 subject to RSA 100-A:55, and that the employer make contributions in such amounts as the board of trustees shall deem necessary and appropriate under RSA 100-A:16 for such purpose. Any forfeitures of a member's interest in the medical benefit accounts as provided under this section prior to any discontinuance of medical benefits by the legislature shall be applied to reduce any subsequent employer contributions made pursuant to this section.
II. The legislature may discontinue contributions under this subdivision with respect to medical benefits provided under RSA 100-A:52 or cease providing such medical benefits for any reason, at any time, in which event the funds allocated to provide such medical benefits, if any remain, shall be used to continue medical benefits to members who were eligible for them under RSA 100-A:52 and 100-A:55 prior to the discontinuance date as long as any funds remain. However, if after the satisfaction of all medical benefits provided under RSA 100-A:52 there remain any funds, the program shall be deemed to be terminated and such remainder shall be returned to the appropriate employer, as defined in RSA 100-A:1, IV, in accordance with section 401(h)(5) of the Internal Revenue Code.
III. (a) The retirement system shall deduct from the monthly retirement allowance of retired state employees and/or each applicable spouse who are not Medicare eligible and receiving medical and surgical benefits provided pursuant to RSA 21-I:30, a premium contribution amount based on a percentage of the total monthly premium attributable to the applicable retiree and/or spouse, as determined by the commissioner of administrative services, with prior approval by the fiscal committee of the general court provided the percentage is not lower than 20 percent.
(b) The retirement system shall deduct from the monthly retirement allowance of a retired state employee and/or spouse who are eligible for Medicare Parts A and B due to age or disability receiving medical and surgical benefits provided pursuant to RSA 21-I:30, a premium contribution amount based on a percentage of the total monthly premium attributable to the applicable retiree and/or spouse, as determined by the commissioner of administrative services, with prior approval by the fiscal committee of the general court, provided the percentage is not lower than 10 percent. Such premium contribution shall only be collected from eligible state retirees and spouses with a date of birth on or after January 1, 1949.
(c) The department of administrative services shall provide information as to the total monthly premium cost for each participant to the retirement system for purposes of calculating this deduction. Deducted amounts, which shall be in addition to and notwithstanding any amounts payable by the retirement system pursuant to RSA 100-A:52, RSA 100-A:52-a, and RSA 100-A:52-b, shall be deposited in the employee and retiree benefit risk management fund. In the event the retiree's monthly allowance is insufficient to cover the certified contribution amount, the retirement system shall so notify the department of administrative services, which shall invoice and collect from the retiree and/or each applicable spouse the remaining contribution amount. Failure to remit payment of the contribution amount in full within 30 days of billing shall be grounds for terminating benefits, effective from the beginning of the billing period. Reenrollment shall be dependent upon payment of any outstanding contribution or other amounts within 6 months of the termination date. The department of administrative services shall provide notice of the termination of benefits as provided in RSA 21-I:30, XIII.

Source. 1988, 191:5. 2009, 144:54. 2011, 224:342; 242:2. 2012, 175:3, eff. July 1, 2012. 2015, 276:15, eff. July 1, 2015. 2017, 156:8, eff. Jan. 1, 2018.

Section 100-A:55

    100-A:55 Application. –
I. The additional benefits provided under RSA 100-A:52 shall apply to persons who are active or retired members of group II as of June 30, 2000; to persons who prior to July 1, 1988, had completed no less than 20 years of group II creditable service, but who for reasons other than retirement or death ceased to be a group II member prior to attaining the age of 45, and who, as of July 1, 1993, are eligible for vested deferred retirement benefits; and to persons who are group II permanent policemen or permanent firemen members on disability retirement as the natural and proximate result of injuries suffered while in the performance of duty who become permanent policemen members of group II before July 1, 2005 or permanent firemen members of group II before July 1, 2005. Such additional benefits shall not apply to other persons who become members of group II after the dates stated in this paragraph, without future legislation to include them. It is the intent of the legislature that future group II members shall be included only if the total cost of such inclusion can be terminally funded.
I-a. It is the intent of the legislature that future group I teacher members eligible after July 1, 2008 shall be included under the provisions of RSA 100-A:52-a only if the total cost of such inclusion can be terminally funded.
I-b. It is the intent of the legislature that future group I political subdivision employee members eligible after July 1, 2008 shall be included under the provisions of RSA 100-A:52-a only if the total cost of such inclusion can be terminally funded.
I-c. It is the intent of the legislature that future group I state employee members eligible after July 1, 2004 shall be included under the provisions of RSA 100-A:52-b only if the total cost of such inclusion can be terminally funded.
II. For the purposes of this subdivision, group II in the New Hampshire retirement system shall include predecessor systems under RSA 102 and RSA 103.

Source. 1988, 191:5. 1993, 331:12. 1994, 310:3. 1998, 232:1. 1999, 274:5, 7. 2000, 263:1; 266:5, 6. 2001, 158:112; 264:2; 275:5. 2002, 128:1. 2003, 294:1. 2004, 146:2. 2008, 300:31. 2012, 261:10, eff. July 1, 2012.

Section 100-A:56

    100-A:56 State Retiree Health Plan Commission. –
I. There is hereby established a state retiree health plan commission consisting of the following members:
(a) One member of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) One member appointed by the governor.
(d) The state treasurer.
(e) The commissioner of the department of administrative services, or designee.
II. Legislative members of the commission shall receive mileage at the legislative rate while attending to the duties of the commission.
III. The commission shall:
(a) Determine the actuarial assumptions to be used in the actuarial valuation of liabilities relative to state retiree health benefits.
(b) Ensure that an actuarial valuation report is completed by a qualified, independent actuary and submitted to the speaker of the house of representatives, the president of the senate, and the governor, on or before December 31 of every odd-numbered year.
(c) [Repealed.]
(d) [Repealed.]
IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the member appointed by the speaker of the house of representatives. The first meeting of the commission shall be held within 45 days of the effective date of this section. Three members of the commission shall constitute a quorum. The terms of the members of the commission shall be coterminous with their terms of office.

Source. 2007, 263:41. 2009, 144:281, eff. July 1, 2009. 2014, 89:1, eff. Aug. 10, 2014. 2017, 44:1, eff. July 8, 2017; 66:1, eff. Aug. 1, 2017.

Section 100-A:57

    100-A:57 Decennial Retirement Commission. –
I. There shall be established decennially on or about July 1, beginning in 2017, a commission to make recommendations to ensure the long-term viability of the New Hampshire retirement system.
II. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) The chairman of the New Hampshire retirement system board of trustees, or designee.
(d) Two representatives of group I of the retirement system, appointed by the governor.
(e) Two representatives of group II of the retirement system, appointed by the governor.
(f) Two representatives of municipal and school employers in the retirement system, appointed by the governor.
(g) Four public members with recognized expertise in finance, financial management, or the governance and oversight of large endowments or public funds, appointed by the governor.
(h) One retired member of the retirement system receiving benefits at the time of appointment, appointed jointly by the speaker of the house of representatives and the president of the senate.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall:
(a) Study the previous decade's history of funding, benefits, and investment results of the New Hampshire retirement system.
(b) Review the structure and governance of the New Hampshire retirement system.
(c) Analyze the financial status of the retirement system, and the challenges facing the system in the upcoming decade.
(d) Assess any changes to general accounting standards and their potential effect on the retirement system.
(e) Make recommendations for ensuring the long-term viability of the retirement system, including an appropriate funding methodology.
(f) Monitor the sustainability and affordability of cost of living increases for plan participants.
(g) Study other matters deemed necessary by the commission.
(h) Seek technical assistance as necessary from the New Hampshire retirement system and from other independent financial, investment, actuarial, and retirement experts. Subject to available appropriations, the commission may employ support staff for the purposes of its duties.
(i) Evaluate the plan for amortization of the unfunded accrued liability of the retirement system and the impact on contribution rates.
(j) Review the effects of retirees returning to work for retirement system employers and make recommendations for legislative changes, if necessary.
(k) Consider the effects that changes to contribution rates have on municipalities and evaluate the options to minimize the changes.
(l) Study the feasibility and cost of eliminating the reduction in a retiree's retirement allowance upon reaching the age of 65.
V. The governor, in consultation with the president of the senate and the speaker of the house of representatives, shall designate a chairperson from among the members. The first meeting of the commission shall be called by the chairperson. The first meeting of the commission shall be held within 45 days of the designation of the chairperson.
VI. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before the December 1 next following.

Source. 2008, 300:32, eff. June 30, 2008. 2017, 193:1, eff. June 30, 2017.