reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 263. Employees entering armed forces

§ 263. Employees entering armed forces
(a) A person in the permanent employ of the State of Vermont who is or has been inducted or ordered into the active service of the U.S. Armed Forces or who voluntarily enlists or was enlisted in such service in time of war or national emergency, or who is ordered to active duty as a member of a reserve component of the U.S. Armed Forces and thus for any of these causes leaves a permanent position, shall be restored to such position or to a position of like seniority, status, and class, or the nearest approximation thereto as he or she would have had if he or she had been continually employed by the State, provided such person;
(1) terminates such service or active duty with the U.S. Armed Forces at the conclusion of his or her initial period of service or tour of duty, together with involuntary extensions thereof, and furnishes a certificate or other valid evidence of satisfactory completion of such military service;
(2) is still qualified to perform the duties of his or her position with the State; and
(3) makes application for reemployment within 90 days after being relieved of such military service.
(b) If a person returning to a position in State employment under the provisions of subsection (a) of this section is not qualified to perform the duties of such position by reason of disability sustained during such service but is qualified to perform the duties of some other position in the employ of the State which is vacant, such person shall be assigned to such other position so as to provide him or her with the same seniority, status and class, or the nearest approximation thereof as he or she would have had if he or she had been continuously employed by the State.
(c) The words permanent employment shall not be construed as including any position which is elective or appointive wherein a term of office has expired.
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 264. Accumulated sick leave

§ 264. Accumulated sick leave
An employee who has an accumulated sick leave balance shall be authorized its use although recovery and return to duty is impossible. However, periodically, at the request of the appointing authority or representative, the disability or illness and inability to perform position requirements, must be certified to by a licensed physician or osteopath. No sick leave shall be authorized beyond mandatory retirement age under the Retirement System. (Added 1971, No. 231 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 265. Certified emergency volunteer leave

§ 265. Certified emergency volunteer leave
(a) Any State employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee’s supervisor, be granted leave not to exceed 15 working days in any fiscal year to participate in specialized disaster relief service work if:
(1) the request for service is made by the American Red Cross; and
(2)(A) the disaster relief services are to be performed in Vermont; or
(B) the disaster is a federal or presidentially declared disaster designated as Level III or above according to the American National Red Cross regulations and procedures; or
(C) the disaster is declared by the governor of a state or territory.
(b) An employee granted leave under this section shall not lose seniority, accumulated vacation leave, sick leave, or earned overtime. In addition, the employee shall be paid the employee’s regular pay based on regular work hours during the leave, provided that the disaster relief services are performed in Vermont or the services are performed in another state and pay during such service is authorized by the Governor.
(c) The State shall not be liable for workers’ compensation claims of the employee arising out of the disaster relief service work. (Added 1995, No. 115 (Adj. Sess.), § 1, eff. Apr. 23, 1996.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 267. Executive officers; postemployment restrictions

§ 267. Executive officers; postemployment restrictions
(a) Prior participation while in State employ.
(1) An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which:
(A) the State is a party or has a direct and substantial interest; and
(B) the Executive officer had participated personally and substantively while in State employ.
(2) The prohibition set forth in subdivision (1) of this subsection applies to any matter the Executive officer directly handled, supervised, or managed, or gave substantial input, advice, or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.
(b) Prior official responsibility. An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which the officer had exercised any official responsibility.
(c) Exemption. The prohibitions set forth in subsections (a) and (b) of this section shall not apply if the former Executive officer’s only role as an advocate would exempt that former officer from registration and reporting under 2 V.S.A. § 262.
(d) Public body enforcement. A public body shall disqualify a former Executive officer from his or her appearance or participation in a particular matter if the officer’s appearance or participation is prohibited under this section.
(e) Definitions. As used in this section:
(1) “Advocate” means a person who assists, defends, or pleads.
(2) “Executive officer” means:
(A) the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General; or
(B) under the Office of the Governor, an agency secretary or deputy or a department commissioner or deputy.
(3) “Private entity” means any person, corporation, partnership, joint venture, or association, whether organized for profit or not for profit, except one specifically chartered by the State of Vermont or that relies upon taxes for at least 50 percent of its revenues.
(4) “Public body” means any agency, department, division, or office and any board or commission of any such entity, or any independent board or commission, in the Executive Branch of the State. (Added 2017, No. 79, § 2.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 309a. Employment of persons with disabilities

§ 309a. Employment of persons with disabilities
(a) The Commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish procedures on the employment of persons with disabilities.
(b) Rules adopted by the Commissioner shall allow flexibility with respect to hiring persons with a disability. The Commissioner may require certification by the Commissioner of Disabilities, Aging, and Independent Living to accompany the usual application for employment. The Commissioner of Disabilities, Aging, and Independent Living shall indicate in its certification that:
(1) the applicant is physically qualified to do the work without hazard to himself or herself or others; and
(2) the applicant is competent to maintain himself or herself in a work environment.
(c) The Commissioner, in his or her discretion, may waive qualifications which exclude a person with a disability who is otherwise qualified. A waiver may apply to competitive entrance examinations, provisions relating to previous experience, or any other requirement for qualification. A waiver is to be used for equal access to employment, not for an advantage. (Added 1977, No. 181 (Adj. Sess.), § 1, eff. April 3, 1978; amended 1989, No. 219 (Adj. Sess.), § 9; 1993, No. 210 (Adj. Sess.), § 12; 2005, No. 174 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 312. Classification plan; definition

§ 312. Classification plan; definition
(a) The term “merit system” means the system developed to maintain an efficient career service in State government under public rules, which, among other provisions, includes appointment through competitive examination; nondiscrimination because of race, sex, politics, national origin, or religion; an equitable and adequate compensation plan; tenure, contingent on successful performance; and promotion, contingent on evaluated capacity and service.
(b) Merit system principles are:
(1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
(2) [Repealed.]
(3) training employees, as needed, to assure high-quality performance;
(4) retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
(5) assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and
(6) assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official position for the purpose of interfering with or affecting the result of an election or a nomination for office.
(c) Notwithstanding any other provision of law, rules, regulations, or agreements whenever federal requirements are applicable to programs as a condition for receipt of federal funds or assistance, all agency secretaries, department heads, division heads, and other State officers, with the approval of the Governor or of such person as the Governor may designate, are authorized to take such action as is necessary to assure that all personnel practices in those programs are in accordance with federal laws, regulations, and requirements. This provision shall not be construed to authorize the impairment of the State’s obligations under any contract or agreement, or of the vested rights and remedies of any person. (Amended 1971, No. 193 (Adj. Sess.), § 4, eff. April 3, 1972; 1977 No. 109, § 33(c), eff. July 3, 1977.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 314. Duty to furnish facilities

§ 314. Duty to furnish facilities
All officers and employees of the State shall allow the department the reasonable use of public buildings under their control, and furnish heat, light, and furniture, for any examination, hearing, or investigation authorized by this chapter. (Amended 1959, No. 331 (Adj. Sess.), § 6, eff. Feb. 9, 1960.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 315. Duties of State officers and employees

§ 315. Duties of State officers and employees
All officers and employees of the State shall comply with the provisions of this chapter and lawful rules, regulations and orders of the Commissioner of Human Resources pursuant thereto. The Commissioner of Human Resources, with the approval of the Governor, may institute and maintain any action or proceeding to secure compliance with the provisions of this chapter and lawful rules, regulations, and orders pursuant thereto. (Amended 1959, No. 331 (Adj. Sess.), § 7, eff. Feb. 9, 1960; 1981, No. 249 (Adj. Sess.), § 25, eff. July 4, 1982; 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 316. Records of the Department of Human Resources

§ 316. Records of the Department of Human Resources
The records of the Department, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable regulations as to the time and manner of inspection as may be prescribed by the Commissioner. (Amended 1959, No. 331 (Adj. Sess.), § 8, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 317. Oaths, testimony, and the production of records

§ 317. Oaths, testimony, and the production of records
The Commissioner shall have the power to administer oaths, subpoena witnesses, and order the production of books and papers pertinent to any investigation or hearing authorized by this chapter. (Amended 1959, No. 331 (Adj. Sess.), § 9, eff. Feb. 9, 1960; 1969, No. 113, § 5; 1981, No. 249 (Adj. Sess.), § 26, eff. July 4, 1982.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 318. Offenses

§ 318. Offenses
(a) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this chapter or in any manner commit any fraud preventing the impartial execution of this chapter and the rules.
(b) No employee of the Department, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examination, eligibility, certification, or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
(c) Any person who wilfully violates any provision of this section shall be guilty of misdemeanor and upon conviction shall be fined not to exceed $100.00 or imprisoned for not to exceed 60 days, or both.
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 322. Rating service forms, completion and disposition

§ 322. Rating service forms, completion and disposition
All officers and employees of the State who act in a supervisory capacity shall at least annually complete service rating forms for each classified employee under their immediate supervision in accordance with the service rating procedures established by the Commissioner of Human Resources. One copy of the rating form shall be provided to the employee and one copy shall be retained by the agency. (Added 1959, No. 331 (Adj. Sess.), § 13, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 323. Definitions

§ 323. Definitions
As used in this chapter, unless the context clearly requires otherwise:
(1) “Accountability” means the degree to which the holder of a position is accountable for the end results of his or her job performance.
(2) “Bona fide emergency” means an unanticipated need for short-term staffing:
(A) to prevent significant disruption to the continued operation of State government;
(B) to avoid serious or imminent harm to the public, critical services, or other staff; or
(C) to avoid jeopardizing public safety.
(3) “Class” means one or more positions sufficiently similar in nature, scope, and accountability that the same title, test of fitness, and schedule of compensation may be applied to each position.
(4) “Job evaluation” means the systematic method used to determine the value of each job in relation to other jobs within the State service.
(5) “Seasonal employment” means employment in a temporary position with a specific start date and anticipated end date for a period of not more than seven months in any 12-month period or employment in a temporary position with a specific start date and anticipated end date for a period of more than seven months that has been approved by the Commissioner of Human Resources pursuant to subdivision 331(c)(3) of this chapter. Seasonal employment includes employment in temporary positions that are available on a reoccurring basis from year to year. (Added 1971, No. 191 (Adj. Sess.), § 4; amended 2019, No. 58, § 2.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 327. Hiring

§ 327. Hiring
(a) When a vacancy in the classified service occurs, the appointing officer shall make a diligent effort to recruit an employee from within the classified service to fill the vacancy.
(b) Any position which has been vacant for a period of six months shall be eliminated unless the Secretary of Administration determines that the position is essential and has remained vacant because of specific professional qualifications. (Added 1975, No. 196 (Adj. Sess.), § 9; amended 1977, No. 109, § 24, eff. July 3, 1977.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 329. Probationary and temporary employees; pay adjustment

§ 329. Probationary and temporary employees; pay adjustment
Original probationary and temporary employees at the minimum of their pay grades shall be adjusted to the new minimum rate, effective with the adjustment of pay grade minimum. (Added 1989, No. 67, § 17.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 332. Human resource development services

§ 332. Human resource development services
The Commissioner of Human Resources is authorized to provide human resource development services, and access to human resource development equipment and facilities:
(1) for State government entities and nonstate entities provided that the human resource development needs of State entities shall take precedence over those of nonstate entities;
(2) under a schedule whereby the participants are charged reasonable fees based on the cost of providing the service and access to the equipment and facilities;
(3) any fees so charged may contain a surcharge for nonstate entities; and
(4) all fees collected under this section shall be credited to the Human Resource Development Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset and enhance the provision of human resource development. (Added 1995, No. 186 (Adj. Sess.), § 26, eff. May 22, 1996; 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 13 - Classification of State Personnel › § 333. Human resource recruitment services

§ 333. Human resource recruitment services
(a) The Commissioner of Human Resources is authorized to develop programs and take measures to increase the quantity of qualified applicants applying for employment by the State.
(b) Appropriate activities include: the placement of advertisements for recruitment of open and continuous recruitment positions, both within and outside the classified service, for all State government entities; listing of positions with governmental and private entities that maintain job listings; and attendance at job and recruitment fairs.
(c) The Commissioner is authorized to charge other governmental entities for the costs associated with furnishing the services described in this section. All fees collected under this section shall be credited to the Human Resource Recruitment Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset the cost of and enhance the provision of human resource recruitment services. (Added 2001, No. 11, § 54, eff. April 25, 2001; amended 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 14 - Standards for Contracts Including Privatization Contracts › § 341. Definitions

§ 341. Definitions
As used in this chapter:
(1) “Agency” means any agency, board, department, commission, committee, or authority of the Executive Branch of State government.
(2) “Personal services contract” means a contract for services that is categorized as personal services in accordance with procedures developed by the Secretary of Administration and is consistent with subdivisions 342(1), (2), and (3) of this title.
(3) “Privatization contract” means a contract for services valued at $25,000.00 or more per year, which is the same or substantially similar to and in lieu of services previously provided, in whole or in part, by permanent, classified State employees, and which results in a reduction in force of at least one permanent, classified employee, or the elimination of a vacant position of an employee covered by a collective bargaining agreement.
(4) “Contract for services” means an agreement or combination or series of agreements by which an entity or individual agrees with an agency to provide services as a contractor, rather than as an employee. (Added 1999, No. 75 (Adj. Sess.), § 2; amended 2009, No. 54, § 107, eff. June 1, 2009; 2015, No. 78 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 14 - Standards for Contracts Including Privatization Contracts › § 344. Contract administration

§ 344. Contract administration
(a) The Secretary of Administration shall maintain a database with information about contracts for services, including approved privatization contracts and approved personal services contracts. The Secretary shall also maintain a database with information about privatization contracts that are rejected because they fail to qualify under subdivision 343(2) of this title. Contracts maintained in the database shall be public record to the extent provided under 1 V.S.A. chapter 5, and shall be located at the agency of origin, including information about names of contractors, summaries of work to be performed, costs, and duration.
(b) The information on contracts maintained in the database shall be reported to the General Assembly in the annual workforce report required under subdivision 309(a)(19) of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. (Added 1999, No. 75 (Adj. Sess.), § 2; amended 2013, No. 142 (Adj. Sess.), § 7; 2015, No. 78 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 14 - Standards for Contracts Including Privatization Contracts › § 345. Equal pay in government contracts; certification

§ 345. Equal pay in government contracts; certification
(a) Notwithstanding any other provision of law, an agency may not enter into a contract for goods with a contractor who does not provide written certification of compliance with the equal pay provisions of 21 V.S.A. § 495(a)(7).
(b) A contractor subject to this section shall maintain and make available its books and records at reasonable times and upon notice to the contracting agency and the Attorney General so that either may determine whether the contractor is in compliance with this section. (Added 2013, No. 31, § 3.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 14 - Standards for Contracts Including Privatization Contracts › § 346. State contracting; intellectual property, software design, and information technology

§ 346. State contracting; intellectual property, software design, and information technology
(a) The Secretary of Administration shall include in Administrative Bulletin 3.5 a policy direction applicable to State procurement contracts that include services for the development of software applications, computer coding, or other intellectual property, which would allow the State of Vermont to grant permission to the contractor to use or own the intellectual property created under the contract for the contractor’s commercial purposes.
(b) The Secretary may recommend contract provisions that authorize the State to negotiate with a contractor to secure license terms and license fees, royalty rights, or other payment mechanism for the contractor’s commercial use of intellectual property developed under a State contract.
(c) If the Secretary authorizes a contractor to own intellectual property developed under a State contract, the Secretary may recommend language to ensure the State retains a perpetual, irrevocable, royalty-free, and fully paid right to continue to use the intellectual property including escrow for perpetual use at least annually. (Added 2013, No. 199 (Adj. Sess.), § 18; amended 2019, No. 49, § 2, eff. June 10, 2019.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 14 - Standards for Contracts Including Privatization Contracts › § 347. Contractor contribution restrictions

§ 347. Contractor contribution restrictions
The Secretary of Administration shall include in the terms and conditions of sole source contracts a self-certification of compliance with the contractor contribution restrictions set forth in 17 V.S.A. § 2950. (Added 2017, No. 79, § 4a, eff. Dec. 16, 2018.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 14 - Standards for Contracts Including Privatization Contracts › § 349. State contracting; Internet service

§ 349. State contracting; Internet service
The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts for broadband Internet access service, as defined in subdivision 348(d)(3) of this title, include terms and conditions requiring that the Internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in section 348 of this title. (Added 2017, No. 169 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 456. Name and date of establishment

§ 456. Name and date of establishment
The date of establishment of the Retirement System shall be July 1, 1972. The System shall be known as the “Vermont State Retirement System,” and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received. (Added 1971, No. 231 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 457. Members

§ 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 (B) of subdivision (a)(9), 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 his or her contributions, or become a beneficiary or die, the member shall thereupon 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.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 459a. Restoration of service

§ 459a. Restoration of service
(a) When a beneficiary resumes service, as defined in subdivision 455(a)(21) of this title, he or she shall again become a member of the System, shall contribute at the rate established for members of his or her group, and shall not be entitled to receive a retirement allowance.
(b)(1) Upon the subsequent retirement of an employee who once again became a member under subsection (a) of this section, the employee shall once again become a beneficiary whose former retirement allowance shall be restored under the same plan provisions applicable at the time of the initial retirement, but the beneficiary shall not be entitled to cost of living adjustments for the period during which the beneficiary was restored to service. In addition to the former retirement allowance, a beneficiary shall be entitled to a retirement allowance separately computed for the period beginning with the beneficiary’s last restoration to service for which the member has made a contribution. If the beneficiary is not vested in the system since the beneficiary was last restored to service, the member’s contributions plus accumulated interest shall be returned to the beneficiary.
(2) Notwithstanding subdivision (1) of this subsection, for a Group C member who has attained the later of 50 years of age and has completed 20 or more years of service, in no event shall the member’s separately computed retirement allowance increase by an amount equal to more than one and one-half percent of the member’s average final compensation per year of service actually performed during the period beginning with the member’s last restoration to service. (Added 2009, No. 24, § 1; amended 2021, No. 114 (Adj. Sess.), § 6, eff. July 1, 2022.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 461. Accidental and occupationally related disability retirement

§ 461. Accidental and occupationally related disability retirement
(a) Upon the application of a member or of his or her department head not later than 90 days, or longer for cause shown, after the date the member may have separated from service, any member may be retired by the Retirement Board on an accidental disability retirement allowance, not less than 30 nor more than 90 days after filing such application; provided that the Retirement Board shall find on the basis of such evidence as may come before it, including a report by the Medical Board after a medical examination of such member, that the member is mentally or physically incapacitated for the further performance of duty as the natural and proximate result of an accident occurring at a definite time and place during the course of his or her performance of duty as an employee, that such accident was not the result of his or her gross negligence or willful misconduct, and provided that the Medical Board shall certify that such incapacity is likely to be permanent, and that the member should be retired. The Retirement Board may consult with a certified vocational rehabilitation counselor in determining whether the individual is incapacitated for the further performance of duty.
(b) Upon accidental disability retirement a member shall receive a normal retirement allowance if he or she shall have reached his or her normal retirement date; otherwise such a member shall receive a retirement allowance which shall be equal to:
(1) A normal retirement allowance payable at normal retirement date, based on the member’s average final compensation at disability retirement and the number of years of creditable service the member would have completed had the member remained in service to his or her normal retirement date, multiplied by
(2) The ratio that the number of the member’s years of creditable service at disability bears to the number of years of such service the member would have completed had the member remained in service to his or her normal retirement date; provided, however, that such allowance shall not be less than 25 percent of the member’s average final compensation at the time of the member’s disability retirement.
(c) Notwithstanding subsection (b) of this section, a group C member, upon accidental disability retirement, shall receive as a minimum an allowance which will, when added to the member’s Social Security benefit, be equal to 50 percent of the member’s average final compensation plus 10 percent of the member’s average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23.
(d) Notwithstanding subsection (b) or (c) of this section, a member may not receive more than 50 percent of his or her average final compensation at the time of his or her disability retirement. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 2003, No. 38, § 2; 2007, No. 13, § 4.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 461a. Benefit denial; evidentiary hearing

§ 461a. Benefit denial; evidentiary hearing
(a) An applicant for disability retirement benefits under section 460 or 461 of this title may file a request for an evidentiary hearing with the Retirement Board if the application for benefits is denied.
(b) The hearing shall be conducted by a hearing officer designated by the Board and in conformance with rules adopted by the Board. Rules adopted by the Board shall be consistent with section 809 of this title.
(c) The decision of the hearing officer shall constitute final administrative action. (Added 2003, No. 38, § 5.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 463. Reinstatement

§ 463. Reinstatement
(a) Should a disability beneficiary be restored to service or should any other beneficiary be restored to service, his or her retirement allowance shall cease, and the beneficiary shall again become a member of the Retirement System. Anything in this subchapter to the contrary notwithstanding, upon his or her subsequent retirement, he or she shall be credited with all the service creditable to him or her at the time of his or her former retirement. However, if such beneficiary is restored to membership after the attainment of 55 years of age, his or her pension upon subsequent retirement shall not exceed the sum of the pension which he or she was receiving immediately prior to his or her last restoration to membership and the pension that may have accrued on account of membership service since his or her last restoration to membership, provided that the rate percent of his or her total pension on his or her subsequent retirement shall not exceed the rate he or she would have received had he or she remained in service during the period of prior retirement.
(b) A member who has been reemployed is entitled to prior service credit upon depositing in the fund the contributions which would have been deducted from the member’s compensation had he or she remained a member with interest as set forth in subdivision 473(c)(1) of this title. The member in order to qualify for the prior service credit must also deposit in the fund a sum equal to the contributions which would have been contributed by the State had he or she remained a member with interest as set forth in subdivision 473(c)(1) of this title. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 11; 1989, No. 277 (Adj. Sess.), § 17n, eff. Jan. 1, 1991; 2007, No. 13, § 5; 2015, No. 18, § 12.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 467. Death benefit after retirement—Group C

§ 467. Death benefit after retirement—Group C
If a group C member in receipt of a retirement allowance dies, his or her dependent spouse shall receive until her or his death a retirement allowance which shall be equal to 70 percent of the retirement allowance to which the member was then entitled, without optional modification, irrespective of whether such member had elected an option hereunder. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 1985, No. 160 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 469. Minimum benefit—Group C

§ 469. Minimum benefit—Group C
Anything contained in this title to the contrary notwithstanding, the benefit payable to or on account of a group C member hereunder, inclusive of any benefit provided by his additional contributions as specified in subsection 473(b) of this title together with the Social Security benefit or survivor’s insurance benefit, as the case may be, shall not be less than the benefit which would have been payable to him or her or on his or her account under the provisions of the Vermont State Police and Motor Vehicle Inspectors’ Retirement System as in effect on June 30, 1972 had said System continued in effect unamended. (Added 1971, No. 231 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 471a. Reports

§ 471a. Reports
(a) The Board shall prepare and submit, consistent with 2 V.S.A. § 20(a), reports on the following subjects:
(1) the fiscal transactions of the Retirement System, pursuant to subsection 471(g) of this title;
(2) the results of an actuarial reevaluation of the Retirement Fund, pursuant to subsection 473a of this title.
(b) Reports required to be submitted to the General Assembly annually by January 15 shall be consolidated in a single document. (Added 2003, No. 122 (Adj. Sess.), § 294f.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 472. Investments; interest rate; disbursements

§ 472. Investments; interest rate; disbursements
(a) The members of the Vermont Pension Investment Commission established in chapter 17 of this title shall be the trustees of the Funds created by this subchapter, 16 V.S.A. chapter 55, and 24 V.S.A. chapter 125, and with respect to them may invest and reinvest the assets of the Fund, and hold, purchase, sell, assign, transfer, and dispose of the securities and investments in which the assets of the Fund have been invested and reinvested. Investments shall be made in accordance with the standard of care established by the prudent investor rule under 9 V.S.A. chapter 147.
(b) From time to time, the Retirement Board shall set the rate or rates of regular interest at such percent rate compounded annually as shall be determined by the Board, such rate to be limited to a minimum of three percent and a maximum of five percent.
(c) The State Treasurer shall be the custodian of the assets of the Fund of the Retirement System. All payments from the Fund shall be made by the State Treasurer or his or her deputy, with approval of the Retirement Board. A duly attested copy of a resolution of the Retirement Board designating such persons and bearing on its face specimen signatures of such persons shall be filed with the State Treasurer as his or her authority for making payments upon such vouchers.
(d) Except as otherwise herein provided, no trustee and no employee of the Board or member of the Commission shall have any direct interest in the gains or profits of any investment made by the Commission; nor shall any trustee or employee of the Board or the Commission, directly or indirectly, for himself or herself or as an agent, in any manner use the same except to make such current and necessary payments as are authorized by the Board or Commission; nor shall any trustee or employee of the Board or the Commission become an endorser or surety, or in any manner an obligor, for the monies loaned to or borrowed from the Board. The Treasurer, with the approval of the Board and the Commission, shall adopt by rule standards of conduct for trustees and employees of the Board in order to maintain and promote public confidence in the integrity of the Board. Such rules shall prohibit trustees and employees from receiving or soliciting any gift, including meals, alcoholic beverages, travel fare, room and board, or any other thing of value, tangible or intangible, from any vendor or potential vendor of investment services, management services, brokerage services, and other services to the Board or Commission. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 1981, No. 41, § 16; 1985, No. 171 (Adj. Sess.), § 3, eff. May 7, 1986; 1987, No. 80, § 8, eff. June 9, 1987; 1997, No. 67 (Adj. Sess.), § 4; 2005, No. 50, § 5; 2007, No. 13, § 9; 2021, No. 75, § 5, eff. June 8, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 473a. Periodic actuarial reports

§ 473a. Periodic actuarial reports
The Board shall cause to be made an actuarial reevaluation of the rate of member contributions deducted from earnable compensation pursuant to subdivision 473(b)(2) of this title, on a periodic basis at least every three years, to determine whether the amount deducted is necessary to make the contributions picked up and paid by the State for such members cost neutral to the General Fund. The actuarial reevaluation shall consider all relevant factors, including federal tax law changes. The Board shall report the results of the actuarial reevaluation to the General Assembly together with any recommendations for adjustment in the members’ contribution rate under subdivision 473(b)(2) of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. (Added 1997, No. 68 (Adj. Sess.), § 8, eff. March 1, 1998; amended 2013, No. 142 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 474. Predecessor systems

§ 474. Predecessor systems
Any beneficiary of a predecessor system who is in receipt of a benefit on the date of establishment shall become a beneficiary hereunder and shall continue to receive the benefit being paid from the Fund of this System, under the conditions of the predecessor system as in effect at the time of the member’s retirement, subject to such adjustment as provided for in section 470 of this title. Any former member of a predecessor system who, upon termination of service, was eligible for a deferred benefit under the provisions of that System, the payment of which has not commenced as of the date of establishment, shall continue to be so eligible, and shall receive such benefit from the System subject to the conditions of the predecessor system as in effect at the time the member’s service was terminated. The cash and securities to the credit of the predecessor systems on the date of establishment shall be transferred to this Retirement System, the amount of each member’s accumulated contributions included in such transfer shall be credited to the member’s individual account in the fund to become a part of the member’s accumulated contributions, and the balance shall be credited to the Fund. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13, § 12.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 475. Errors

§ 475. Errors
Should any change or error in the records result in any member or beneficiary receiving from the Retirement System more or less than he or she would have been entitled to receive had the records been correct, the Retirement Board shall have the power to correct such error, and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid or in such a manner that the impact upon the Fund is de minimis. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 2017, No. 165 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 476. Exemption of member’s interest; assignment

§ 476. Exemption of member’s interest; assignment
A member’s annuity, pension, or retirement allowance under this subchapter and the member’s assets in the Retirement System, shall not be exempt from taxation, including income tax, but shall be exempt from the operation of any laws relating to bankruptcy or insolvency and shall not be attached or taken upon execution or other process of any court. No assignment by a member of any part of such assets to which the member is or may be entitled, or of any interest in such assets, shall be valid, except to the extent permitted by this subchapter. (Added 1971, No. 231 (Adj. Sess.). § 4; amended 1973, No. 117, § 12; 2007, No. 13, § 13.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 477. Prior service credit

§ 477. Prior service credit
An employee who has ceased being a member upon reemployment is entitled to prior service credit upon depositing in the Fund the contributions which would have been deducted from the employee’s compensation had he or she remained a member with interest as set forth in section 473 of this title. The employee in order to qualify for the prior service credit must also deposit in the Fund a sum equal to the contributions which would have been contributed by the State had the employee remained a member with interest as set forth in section 473 of this title. (Added 1971, No. 231 (Adj. Sess.), § 4; amended 2007, No. 13, § 14.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 16 - Vermont Employees' Retirement System › § 480a. Group A members; limit on contributions

§ 480a. Group A members; limit on contributions
Contributions in the form of a deduction from compensation under section 473 of this title shall cease for any group A member who attains 25 years of creditable service and the member shall continue to accrue creditable service, without such a contribution, at the rate of 1 2/3 percent until the member retires. Any group A member in service on January 1, 1991 who, as of that date, has made contributions for more than 25 years but less than 30 years shall, upon normal retirement, be granted up to five years of additional creditable service at the rate of 1 2/3 percent for each year or part of a year in which contributions were made in excess of 25 years. Any group A member in service on January 1, 1991 who, as of that date, has made contributions for more than 30 years shall, upon normal retirement, receive credit for contributions in excess of 25 years and in addition shall be granted, upon normal retirement, five years of additional creditable service at the rate of 1 2/3 percent. (Added 1989, No. 277 (Adj. Sess.), § 17t, eff. Jan. 1, 1991.)