7.1421 Persons ineligible for membership.

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The following employees are not eligible for membership in the Fund:

(1) a person occupying a position whose duties will not permit service for more than 100 days per year;

(2) a person whose services are compensated on a fee basis;

(3) an independent contractor;

(4) a person whose employment is purely temporary, seasonal, intermittent, part-time or only for a specific project;

(5) an employee who is a member of any other retirement system except the military, and who is accruing creditable service in that system, unless the employee terminates his membership in the other system. This provision does not apply to former government employees with ten years vested interest; and

(6) an employee of the government for a definite or fixed term; however, notwithstanding the foregoing, judges, district, county and village officials and employees, department heads and executive level appointees, and noncareer service employees of the Legislature, other than contract employees are eligible for membership.

History: 1971, PL 12-29 4 7;amd 1979, PL, 16-53 § 5; 1981, PL 17-28 § 2; 1983, PL 15-1 § 1;amd 1985, PL 19-22 § 1;amd 1986, PL 19-37 § 9; 1987, PL 20-28 § 1; 1989, PL 21-22; 1996, PL 24-12.

Amendments: 1979 Paragraph (7): added proviso that judges shall be eligible for membership.

1983 Grammatical changes made to the section and paragraph (5) amended to refer to those accruing creditable service under another retirement system.

1985 Subsection (5): added “except the military”.

1986 Subsection (5): added provision excepting former government employees with ten-year vested interest from provisions of section.

1987 Subsection (7): added “district, county arid village officials and employees, and noncareeer service employees of the Legislature, other than contract employees”.