§ 457. Members
(a) Any person who was a member of either of the predecessor systems immediately preceding
the date of establishment shall become a member of the Retirement System as of the
date of establishment.
(b) Any person who became an employee within the three-year period prior to the date of
establishment, but did not become a member of the Vermont Employees’ Retirement System
because he or she had not completed three consecutive years of service prior to the
date of establishment, shall become a member as a condition of employment upon his
or her completion of three consecutive years of service.
(c) Any person who becomes an employee after the date of establishment shall become a
member as a condition of employment (1) upon the completion of three consecutive years
of service in the case of those employees classified under subdivision 455(a)(9)(A) of this title hired prior to July 1, 1978; and (2) upon employment in the case of those employees
classified under subdivision 455(a)(9)(B), and upon employment in the case of those
employees classified under subdivision 455(a)(9)(A) hired on or after July 1, 1978
except employees hired in a temporary capacity. No person shall join the system as
a Group E member after December 31, 1990.
(d) Should any Group A, C, D, F, or G member who has less than five years of creditable
service in any period of five consecutive years after last becoming a member be absent
from service more than three years or should the member withdraw the member’s contributions,
or become a beneficiary or die, the member shall then cease to be a member. However,
the membership of any employee entering such classes of military or naval service
of the United States as may be approved by resolution of the Retirement Board shall
be continued during such military or naval service if the member does not withdraw
his or her contributions, but no such member shall be considered in the service of
the State for the purpose of the Retirement System during such military or naval service,
except as provided in subsection 458(e) of this title.
(e) For purposes of benefits available under this chapter, former county court employees
hired by the counties to court positions on or before June 30, 2008 who became State
employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be
deemed to have been first included in membership of the system on or before June 30,
2008. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 153 (Adj. Sess.), § 2; 1981, No. 41, § 4; 1989, No. 277 (Adj. Sess.), § 17g, eff. Jan. 1, 1991; 1997, No. 89 (Adj. Sess.), § 3; 2011, No. 63, § H.7; 2017, No. 165 (Adj. Sess.), § 2; 2021, No. 114 (Adj. Sess.), § 3, eff. July 1, 2022; 2025, No. 18, § 10, eff. May 13, 2025.)