Section Ret 305.02 - Effective Date of Retirement Allowance(a) A member who is otherwise eligible to receive a retirement allowance under RSA 100-A and Ret 305 shall terminate from service pursuant to Ret. 301.02(a) prior to receipt of a retirement allowance.(b) All retirement allowances as defined in RSA 100-A:1, XXII shall become effective on the first of the month following the period stipulated in RSA 100-A:5 and RSA 100-A:6 or the first of the month following the member's termination from service, whichever is later. The first retirement allowance payment shall be made on the last day of that month.(c) Within 30 days of a member's termination from service, the member's employer shall provide NHRS, on a form prescribed by the board of trustees, the appropriate "Employer's Notice of Termination" as follows:(1) "Employer's Notice Of Termination for Employees, Police Officers, and Firefighters Vested Prior To 1/1/2012" NHRS Form 18/MS-18, (Rev.03/2018)(2) "Employer's Notice Of Termination for Teachers and Post-Secondary Faculty Not Vested Prior To 1/1/2012" NHRS Form 21/MS-21, (Rev.03/2018);(3) "Employer's Notice Of Termination for Employees, Police Officers, and Firefighters Not Vested Prior To 1/1/2012" NHRS Form 19/MS-19, (Rev.03/2018); and(4) "Employer's Notice Of Termination for Teachers and Post-Secondary Faculty Vested Prior To 1/1/2012" NHRS Form 22/MS-22, (Rev.03/2018).(d) Retirement allowance payments made for a time period that was prior to the member's termination from service shall be recoverable by the NHRS.(e) The ordinary disability retirement allowance for a member who simultaneously filed subsequently approved applications for service retirement and ordinary disability retirement shall be effective retroactively to the effective date of the member's service retirement benefit if, throughout this retroactive-benefit time period, the member met all ordinary disability retirement eligibility requirements.(f) The accidental disability retirement allowance for a member who simultaneously filed approved applications for ordinary and accidental disability retirement shall be effective retroactive to the effective date of the member's ordinary disability retirement benefit if, throughout this retroactive benefit time period, the member met all accidental disability eligibility requirements.(g) Any disability applicant found eligible for accidental disability retirement benefits by the board of trustees may elect to have those benefits commence the month immediately following the board of trustees' decision to grant accidental disability retirement. Such an election by the applicant shall be made in writing and received by the NHRS within 30 calendar days from the date of the NHRS's notice of eligibility and payment of the prospective election of accidental disability retirement benefits shall commence the month following the NHRS's receipt of the applicant's election. Failure to elect such a prospective commencement date shall result in an effective date of disability retirement benefits retroactive to the first of the month following the period stipulated in RSA 100-A:5 and RSA 100-A:6 or the first of the month following the member's termination from service, whichever is later, as described in Ret 305.02(b).N.H. Admin. Code § Ret 305.02
#1953, eff 2-9-82 (rule Ret 305.2); ss by #2740, eff 6-11-84 EXPIRED 6-11-90
New. #5225, eff 9-18-91, EXPIRED: 9-18-97
New. #7375, INTERIM, eff 10-13-00, EXPIRES: 4-11-01; ss by #7478, eff 4-10-01; ss by #7573, eff 10-10-01; amd by #7674, eff 4-10-02; ss by #9562, eff 10-14-09
Amended by Volume XXXVIII Number 19, Filed May 10, 2018, Proposed by #12511, Effective 4/11/2018, Expires 10/8/2028.Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12707, Effective 1/9/2019, Expires 1/9/2029.