Section Ret 302.05 - Participation Standards - Group I State and Political Subdivision Employees(a) The purpose of Ret 302.05 is to establish standards for determining which group I employees must be enrolled in NHRS, which employees cannot be enrolled, and which employees for whom enrollment is optional.(b) Membership shall be compulsory for all group I state employees and all group I political subdivision employees employed by a participating employer except those employees for whom membership is optional pursuant to RSA 100-A:3, subject to the following additional requirements:(1) Employee members employed by political subdivisions shall be employed: a. On a regularly scheduled basis;b. Thirty-Five hours or more per week with the same participating employer; andc. In permanent positions within the employee job classification;(2) Teacher members shall be employed:a. On a regularly scheduled basis or, if not regularly scheduled, for a cumulative minimum of 18 weeks during a school year;b. Thirty hours or more per week with the same participating employer; andc. In a position within the teacher job classification;(3) Teacher members who become eligible by meeting the 18-week cumulative minimum requirement in (2)a. shall be immediately enrolled in NHRS on a prospective basis only;(4) Employee members employed by the State of New Hampshire shall be employed:a. On a regularly scheduled basis;b. Sufficient total hours to meet the standard for full-time state employment under New Hampshire law; andc. In a permanent position within the employee job classification;(5) For purposes of determining employee classification membership, "permanent position" means employment designated by an employer as "permanent" or "regular" or any employment that qualifies for employer provided vacation pay, sick pay or health insurance;(6) For purposes of calculating total hours worked per week under Ret 302.05(b), a school administrative unit (SAU) and its member school districts shall be considered to be the same employer;(7) Membership shall be optional for: a. Elected officials and officials appointed for fixed terms to group I positions who meet the eligibility requirements set forth in RSA 100-A:3, I(a) if the position was created on or before July 1, 2011;b. Unclassified state employees who are not receiving benefits from the NHRS and are employed in positions created on or before July 1, 2011; andc. Eligible employees of the general court; and,(8) Employers may combine 2 or more part time positions in the same member class in order to attain the minimum required hours for participation.(c) Any group I member whose hourly work status is subsequently reduced to a level below the minimum participation standards established in (b) shall be ineligible to make membership contributions. Any such member shall not be entitled to receive a refund of accumulated contributions pursuant to RSA 100-A:11 unless he or she has attained normal retirement age.(d) Any former member who subsequently meets the minimum participation standards provided in (b) and who received a return of accumulated contributions pursuant to paragraph (c) may restore full service credit by reinstating the funds in accordance with RSA 100-A:3, VI(a).(e) Any member who was a group I member of the NHRS on 1/21/1988 and whose membership eligibility was determined by a rule in effect prior to 1/21/1988, shall continue membership in NHRS. Any group I member who continues membership as provided for in this section, whose hourly work status is subsequently reduced to a level below the minimum participation standards established in (b) shall be ineligible to make membership contributions during such period of employment at reduced hours. Any such member who subsequently meets the minimum participation standards provided in (b) shall resume making membership contributions.N.H. Admin. Code § Ret 302.05
#4363, eff 1-21-88, EXPIRED: 1-21-94
New. #7375, INTERIM, eff 10-13-00, EXPIRES: 4-11-01; ss by #7478, eff 4-10-01; ss by #7573, eff 10-10-01; ss by #9414, eff 3-12-09; ss by #9562, eff 10-14-09
Amended by Volume XXXVIII Number 19, Filed May 10, 2018, Proposed by #12511, Effective 4/11/2018, Expires 10/8/2028.Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12707, Effective 1/9/2019, Expires 1/9/2029.