Title 47, Chapter 1, Section 22.1
( 47-1-22.1)
(a) Except as otherwise provided in this subsection, this Code
section shall not apply to any public employee in service on July 1,
1990, and shall apply only to those public employees entering public
service after July 1, 1990. A public employee in service on July 1,
1990, who ceases to be a public employee and terminates his or her
membership in a public retirement system after that date and who
subsequently again becomes a public employee shall be subject to the
provisions of this Code section, beginning with the date of such
subsequent employment. Any person who was a public employee prior
to July 1, 1990, and who ceased to be a public employee and
terminated his or her membership in a public retirement system prior
to that date shall be subject to the provisions of this Code section
if such person again becomes a public employee after July 1, 1990,
beginning with the date of such subsequent employment. (b) If a public employee who is not vested under a public retirement
system commits a drug related crime and is convicted for the
commission of such crime, such public employee shall forfeit all
rights and benefits under and membership in the public retirement
system in which the employee is not a vested member, effective on
the date of final conviction. Any such public employee shall not at
any time after such final conviction be eligible for membership in
any public retirement system. Any employee contributions made by
any such public employee to any public retirement system in which
the employee is not a vested member shall be reimbursed, without
interest, to the public employee within 60 days after the date of
final conviction for the commission of the drug related crime. (c) If a public employee who is vested under a public retirement
system commits a drug related crime, such employee's active
membership in any public retirement system shall terminate on the
date of final conviction and such employee shall not at any time
thereafter be eligible for active membership in any public
retirement system. For any such public employee, the right to any
benefit or any other right under any public retirement system in
which the employee is a vested member shall be determined as of the
date of final conviction. (d) The provisions of Code Section 47-1-23 shall apply to a public employee charged with the commission of a drug related crime in the same manner that they apply to a public employee charged with the commission of a public employment related crime. |