A member who has at least twenty-five years of creditable service may elect to receive up to three years of additional service credit as though the additional service credit were rendered by the member as an employee or member upon paying into the member's retirement system, during the ensuing number of years the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must terminate employment within ninety days after electing the option provided by this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes of determining the member's average final compensation.

The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed twenty-eight years of service.

The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E).

HISTORY: 1986 Act No. 450, Section 1, eff May 26, 1986; 1988 Act No. 632, Section 1, eff June 7, 1988; 1993 Act No. 166, Section 3A, eff June 16, 1993; 1994 Act No. 420, Section 3, eff May 25, 1994 and applies with respect to payments made pursuant to Section 9-1-1850(A) of the 1976 Code after June 30, 1994; 2001 Act No. 1, Part II, Section 2A7, eff January 1, 2001.

Editor's Note

1993 Act No. 166, Section 3B, effective June 16, 1993, provides as follows:

"B. (A) This section takes effect upon approval by the Governor and applies with respect to payments made after December 31, 1992.

"(B) Employer share payments made by employees after December 31, 1992, must be refunded upon application to the Division of Insurance Services of the State Budget and Control Board."

Effect of Amendment

The 1988 amendment designated the first paragraph as subsection (A), and added subsection (B); and made grammatical changes.

The 1993 amendment, in subsection (A), pertaining to costs for health and dental insurance, added "or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance".

The 1994 amendment rewrote subsection (A), among other things providing a schedule of rates for a member with at least twenty-five years service establishing credit for up to five years additional service.

The 2001 amendment deleted the former subsection (A) and (B) designations; reduced from five to three the maximum number of years of service credit which can be purchased, substituted "twenty-eight" for "thirty", and added the last undesignated paragraph relating to nonqualified service purchases.