22-11-24. Retirement benefits; minimum contributory employment.
312 words·~1 min read·
/nm/chapter-22-public-schools/article-11-educational-retirement/22-11-24·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A member shall have acquired not less than five years of contributory employment to be eligible for retirement benefits pursuant to the Educational Retirement Act.
B. A member desiring to retire before having completed five years of contributory employment shall be limited to the maximum benefit the member would have been entitled to receive under any statute repealed by the Educational Retirement Act. A member may acquire five years or less of contributory employment by contributing to the fund, for each year of contributory employment desired, a sum equal to the prevailing combined contributions of the member and the local administrative unit in effect at the time the contributory employment is acquired.
This contribution shall be computed on the member's average annual salary for the last five years of employment plus an additional sum as interest from the effective date of the Educational Retirement Act as fixed by the board, but not to exceed three percent a year.
C. Years of contributory employment purchased pursuant to this section shall not be considered as an addition to service actually performed in computing the sum of the member's retirement benefit.
D. The retirement benefits of members retired pursuant to the Educational Retirement Act prior to July 1, 1959 and who have acquired contributory employment years by purchase shall be computed upon the basis of the amount paid therefor.
E. As used only in this section, "five years of contributory employment" means the member and employer have made contributions through the last business day of the sixtieth month of contributory employment, or if the member is under contract, the member and employer have made contributions for five years through the last business day that the member can provide services under the contract.
History: 1953 Comp., § 77-9-23, enacted by Laws 1967, ch. 16, § 147; 1978 Comp., § 22-11-24, 2025, ch. 6, § 2.