Section 100-A:4-c Credit for Out-of-State Service; Group II Members.


   I. Notwithstanding any provision of RSA 100-A to the contrary, any group II permanent policeman or permanent fireman member of the New Hampshire retirement system, in service on or after June 30, 1990, who was formerly a member of a public employees' retirement system outside of New Hampshire, shall be allowed to purchase credit for such out-of-state service as creditable service in the New Hampshire retirement system; provided, however, that creditable service in the New Hampshire retirement system which is purchased under this paragraph shall not be deemed creditable service for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30. For such employee or teacher members, only creditable service performed in the state of New Hampshire as a member of the New Hampshire retirement system shall be counted as creditable service for the purpose of eligibility for medical and surgical benefits as a retired employee under RSA 21-I:30. For the purposes of this section, ""public employees' retirement system'' shall include any retirement system established and maintained by the United States government, the members of which are federal government employees. For the purposes of this section, any military service not otherwise authorized pursuant to RSA 100-A:4, IV, V, or VI shall not be included as creditable service in a public employees' retirement system. The group II permanent policeman or permanent fireman member shall meet the following conditions:
      (a) The member has terminated regular full-time employment and active membership in the out-of-state system and has become a member of the New Hampshire retirement system; and
      (b) The member applies for out-of-state credit, on a form designated by the board; and
      (c) The member provides such information and certification from the out-of-state employer and out-of-state retirement system as the board may require; and
      (d) The member pays to the New Hampshire retirement system the full cost for buy-in of creditable service as provided in RSA 100-A:3, VI(b), plus prepayment of any actuarial calculation fee as determined by the board; and
      (e) The amount of creditable service purchased shall be either the full length of service rendered in the other system or a pro-rata portion of such service purchasable with the maximum amount which the member is permitted to withdraw from the other system; and
      (f) In no case shall the creditable service purchased exceed the service time rendered in the out-of-state system, or include any service period for which the member remains eligible for benefits in the out-of-state system.
   II. Credit for out-of-state service as a regular full-time police officer or firefighter, in a job which requires full certification as a police officer or firefighter under the laws of the out-of-state jurisdiction, may be purchased as group II permanent policeman or permanent fireman service in the New Hampshire retirement system. Credit for out-of-state service may be purchased under this section only if the full certification required to become a full-time police officer or firefighter under the laws of the out-of-state jurisdiction meets or exceeds the requirements for certification as a group II permanent policeman or permanent fireman in the New Hampshire retirement system. Credit for all other out-of-state service purchased under the provisions of this section by group II members shall become group I creditable service in the New Hampshire retirement system, and upon retirement, death, or termination of service such members shall be entitled to split benefits as provided in RSA 100-A:19-a through 19-h.
   III. Upon certification by the New Hampshire retirement system of eligibility for out-of-state service credit, and upon payment by the member of the cost of such credit, and with the approval of the board of trustees, the member shall receive credit for such out-of-state service.
   IV. In no case shall out-of-state service purchased as creditable 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 100-A:52 through 100-A:55 or RSA 21-I:26 through 21-I:36.

Source. 1990, 281:1. 1991, 358:5, eff. June 30, 1991. 2003, 234:3, eff. July 1, 2003. 2004, 216:4, eff. July 1, 2004.