Title 47, Chapter 2, Section 220
( 47-2-220)
(a) On and after March 7, 1961, the eligible employees of the
Department of Corrections are authorized to become members of
Division A within the retirement system. (b) The Department of Corrections or such official therein who is
responsible for the payment of compensation to the employees within
that department shall cause to be deducted from the compensation of
each member for each and every payroll period the employee
contributions as may be required under this chapter and shall pay to
the board of trustees, in such manner as the board of trustees may
prescribe, the amounts so deducted. The commissioner of corrections
is authorized and directed to pay such employer contributions as may
be required under this chapter. Such employer contributions shall
be paid to the board of trustees, as prescribed by it, from funds
appropriated for the operation of the Department of Corrections. (c) In addition to the regular employer contributions required under
this chapter, the commissioner of corrections is authorized and
directed to pay, from funds received by the Department of
Corrections as compensation for the various services rendered by it,
an additional contribution as determined by the board of trustees.
The additional contribution shall be a regular quarterly amount
sufficient to amortize within 15 years the total amount of the
employer contributions which would have been paid for all of that
department's employees from August 1, 1953, to July 1, 1961, and
shall include interest on these employer contributions at a rate
prescribed by the board of trustees. These quarterly payments shall
begin on July 1, 1961. In the event the earnings of the department
are not sufficient to pay such contributions, the contributions
shall be paid from funds available to the department from
appropriations, or otherwise. If the contributions are not made as
provided in this Code section, this Code section shall be null and
void. (d) Any individual who is an employee of the Department of
Corrections on March 7, 1961, may become a member of Division A of
the retirement system; but he shall not be considered as eligible
for any service credits whatsoever other than membership service for
which he contributes. (e) Any individual who on August 1, 1953, was an employee of the
Department of Corrections and without a break in service with that
department so remained in the employment of that department on March
7, 1961, and who has not previously declined membership in the
retirement system shall, upon becoming a member of the retirement
system and upon immediate payment by the member of the total amount
of accumulated contributions which would have accrued had he been a
contributing member since August 1, 1953, be entitled to all
creditable service in the same manner as other individuals in that
department who became members of Division A of the retirement
system. (f) Any eligible employee of the Department of Corrections who
became a member of the retirement system under subsection (d) of
this Code section and who did not immediately pay the full amount of
those accumulated contributions may pay the amount of his
accumulated contributions over a ten-year period by means of monthly
payments. No individual shall be credited with the full amount of
his prior service or membership service credits until such time as
he has made the total contributions required of him. The board of
trustees may promulgate rules and regulations to implement this Code
section, including a prescription of the actuarial value which shall
be credited to the member's account for each monthly payment made as
herein provided if he should retire, die, or become disabled before
having paid the full amount of the accumulated contributions
required of him under subsection (e) of this Code section. The board
of trustees may establish a date for the commencement for such
payments, which date shall be no earlier than July 1, 1962. (g) Anything in this chapter to the contrary notwithstanding,
employees of the Department of Corrections who become members of the
retirement system shall be eligible for survivors benefits in
accordance with the rules and regulations relative to the same which
were in existence on July 1, 1953, provided that any determination
relative to the member's eligibility for such benefits shall also be
based upon the age of the member on the date he elects membership,
notwithstanding the fact that he may have been an employee of the
department on January 1, 1953. |