reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 123 - Municipal Housing Codes › § 5008. Court proceedings

§ 5008. Court proceedings
If the enforcing officer finds that any person has failed to comply with any order issued by him or her within the time specified therein and that such person has failed to appeal such order within the time prescribed, he or she may notify the State’s Attorney of the county or the attorney of the municipality who shall bring suit in the name of the municipality to enforce such order. Such suit shall be brought in the Superior Court of the county in which the municipality is located and at the request of either party, the court shall advance the case so that it may be heard and determined with as little delay as possible. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to such court to obtain compliance with the ordinance and any order issued pursuant thereto. The court may award costs of suit which may include, if the plaintiff prevails and the court deems the defense without substantial merit, the attorney’s fees incurred by the plaintiff or so much thereof as the court finds reasonable. (Added 1969, No. 270 (Adj. Sess.), eff. July 1, 1970; amended 1971, No. 81, eff. April 16, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 123 - Municipal Housing Codes › § 5010. Effect of previously adopted ordinances

§ 5010. Effect of previously adopted ordinances
Ordinances, rules, and regulations adopted by any municipality under chapter 83 of this title shall not be affected or in any way invalidated by the provisions of this chapter. The provisions of this chapter and ordinances and regulations adopted under its authority, shall not be subject to limitations, requirements, or provisions contained in said chapter 83. (Added 1969, No. 270 (Adj. Sess.).)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5052. Name and date of establishment

§ 5052. Name and date of establishment
The date of establishment of the Retirement System shall be July 1, 1975. The System shall be known as the “Vermont Municipal Employees’ Retirement System”, and by such name all of its business shall be transacted, all of its assets invested, and all of its cash and securities and other property held in trust for the purpose for which received. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 2007, No. 13, § 37.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5053. Members

§ 5053. Members
(a) An employee of an employer who joins the Vermont Municipal Employees’ System may become a member of the System on the effective date of participation of said employer or at a later date if he or she has completed three or more years of continuous service as an employee. If an employee does not elect to join on the effective date of the System, he or she may join on the first of any subsequent month.
(b) Any employee who is hired subsequent to the effective date of participation of his or her employer shall become a member of the System on the date the employee is hired.
(c) A municipality may elect to join the Vermont Municipal Employees’ Retirement System by a vote of the legislative body of such municipality for all its employees or for employees of one or more groups of employees that have a similarity of interest, needs, and general conditions of employment or dates of hire, as determined by the legislative body and approved by the Board. The effective date of participation for such employers shall be designated by the Retirement Board. The vote by the legislative body of a municipality to join the Vermont Municipal Employees’ Retirement System shall be irrevocable.
(d) The Retirement Board may, upon application of the legislative body and an employee, exempt individual employees from membership in the System, provided that the Board determines that the employee is participating in an alternative retirement system, including a retirement plan qualifying under Section 401(a) or 457 of the Internal Revenue Code, which better meets the retirement needs of the employee. (Added 1973, No. 251 (Adj. Sess.), § 3. 1974; amended 1977, No. 205 (Adj. Sess.), § 2; 1987, No. 39, § 2; 1989, No. 11, § 6, eff. July 1, 1990; 1991, No. 233 (Adj. Sess.), § 2; 1995, No. 118 (Adj. Sess.), § 1; 1999, No. 53, § 12; 1999, No. 158 (Adj. Sess.), § 17; 2007, No. 13, § 38; 2009, No. 24, § 9; 2013, No. 115 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5053a. Employees of a supervisory union

§ 5053a. Employees of a supervisory union
(a) For purposes of this section, the term “transferred employee” means an employee under this chapter who transitioned from employment solely by a school district to employment, wholly or in part, by a supervisory union pursuant to 16 V.S.A. § 261a(a)(6) or (8)(E) as amended on June 3, 2010.
(b) A transferred employee from a participating school district shall remain an employee of the school district solely for the purpose of employer participation and employee membership in the System regardless of whether the supervisory union is a participant in the System on the date of transition. The membership and benefits of the transferred employee shall not be impaired or reduced by either negotiations with the supervisory union or school district under 21 V.S.A. chapter 22 or otherwise.
(c) If a supervisory union is a participant in the System on the date of transition, then:
(1) a transferred employee from a nonparticipating district shall not become a member of the System unless, through negotiations with the supervisory union under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on the employee’s behalf;
(2) an existing employee of the supervisory union on the date of transition shall be a member to the extent the supervisory union is or becomes a participant in the System on the employee’s behalf; and
(3) a new employee of the supervisory union after the date of transition shall be a member to the extent the supervisory union is or becomes a participant in the System on the employee’s behalf.
(d) If a supervisory union is not a participant in the System on the date of transition, then:
(1) a transferred employee from a nonparticipating district shall not be a member of the System unless, through negotiations with the supervisory union under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on the employee’s behalf;
(2) an existing employee of the supervisory union on the date of transition shall not be a member of the System unless, through negotiations with the supervisory union under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on the employee’s behalf; and
(3) a new employee of the supervisory union after the date of transition shall not be a member of the System unless, through negotiations with the supervisory union under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on the employee’s behalf. (Added 2011, No. 156 (Adj. Sess.), § 25, eff. May 16, 2012.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5054a. Elective credits

§ 5054a. Elective credits
(a) Any member may elect to have included in the member’s creditable service, years of service as an employee of another municipality, as a State employee, or as a teacher in a public or private school, as defined by the Board, and years of service in the defined contribution plan authorized under section 5070 of this title when the employee elects to transfer back to the defined benefit plan as a result of his or her employer offering a higher group plan. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System’s actuary to be cost neutral to the System. No application for credit under this subsection shall be granted if at the time of application, the member has a vested right to retirement benefits in another defined benefit retirement system based upon that service.
(b) Any member who has rendered 15 years of creditable service and who has, prior to becoming a member of the System, served a minimum of one full year of full-time service in the military or one full year of full-time service as a member of the Cadet Nurse Corps in World War II, the Peace Corps, VISTA, or AmeriCorps for which the member has derived no military pension benefits, may elect to have included in the member’s creditable service all or any part of the member’s military, Cadet Nurse Corps, Peace Corps, VISTA, or AmeriCorps service not exceeding five years. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System’s actuary to be cost-neutral to the System. Notwithstanding the foregoing, in the event of a conflict between the provisions of this subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of the same full-time military service toward both military and State pensions, the provisions of the U.S. Code shall control.
(c) Any time a member is required to make a single contribution in connection with an election under this section, a member may contribute over a maximum of five years in installments of equal value. Those contributions shall become a part of the member’s accumulated contributions. Any member who retires before completing payment for the purchase of service under this section shall receive pro rata credit for service purchased before the date of retirement, but if the member so elects at the time of retirement, the member may pay as much in a single sum as is necessary to provide full credit at that time. (Added 1999, No. 53, § 8b; amended 2001, No. 29, § 9; 2005, No. 197 (Adj. Sess.), § 2; 2007, No. 13, § 40; 2009, No. 24, § 10; 2015, No. 18, § 8.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5056. Disability retirement

§ 5056. Disability retirement
(a) Upon application of a member not more than 90 days before, or later than 90 days, or longer for cause shown, the date a member separates from service, any member who has not reached his or her normal retirement date and has had five or more years of creditable service, may be retired by the Retirement Board on a disability retirement allowance on the first of the month following separation from service; provided that the Medical Board, after an examination of the medical records of the member or a medical examination by a physician or physicians designated by the Medical Board, shall certify that the member is mentally or physically incapacitated for the further performance of the member’s specific job requirements, that such incapacity has existed at and since the time of the member’s separation from service and is likely to be permanent, and that he or she should be retired. If the member has applied for and been granted a disability retirement allowance from the Social Security Administration prior to submission of municipal application, an automatic approval will be granted upon receipt of proof of Social Security disability allowance.
(b) Upon a disability retirement, a member shall receive a normal retirement allowance if he or she has reached his or her normal retirement date; otherwise a member shall receive the allowance accrued to date of disability.
(c) Notwithstanding subsection (b) of this section, a Group D member, upon ordinary disability retirement, shall receive an additional allowance which will be equal to ten 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, if the member’s compensation from the municipality:
(1) Is not subject to Social Security withholding; or
(2) When added to his or her Social Security benefit, is subject to Social Security withholding. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 1983, No. 56, § 2, eff. April 22, 1983; 1987, No. 39, § 5; 1989, No. 11, § 4; Amended 1999, No. 61, § 7; 2005, No. 197 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5056a. Benefit denial; evidentiary hearing

§ 5056a. Benefit denial; evidentiary hearing
(a) An applicant for disability retirement benefits under section 5056 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 an appeal de novo and 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 3 V.S.A. § 809.
(c) The decision of the hearing officer shall constitute final administrative action.
(d) The Retirement System or the applicant may appeal a decision of the hearing officer to the Supreme Court pursuant to Rule 13 of the Vermont Rules of Appellate Procedure. (Added 2003, No. 38, § 7; amended 2005, No. 197 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5057. Reexamination of disability beneficiary

§ 5057. Reexamination of disability beneficiary
(a) Once each year, the Retirement Board or the Medical Board may require any disability beneficiary who has not reached his or her normal retirement date to undergo a medical examination, by a physician or physicians designated by the Medical Board, the examination to be made at the place of residence of the beneficiary or other place mutually agreed upon. In lieu of a medical examination, the Retirement Board may request current medical records or evidence to substantiate the continued disability status.
(b) Should any disability beneficiary who has not reached his or her normal retirement date refuse to submit to such medical examination or refuse to supply current medical records or other requested medical evidence, his or her allowance may be discontinued until withdrawal of such refusal, and should refusal continue for one year, all the beneficiary’s rights in and to his or her pension may be revoked by the Retirement Board. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 2005, No. 197 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5058. Reinstatement

§ 5058. Reinstatement
Should a disability beneficiary be restored to service and should his or her annual earnable compensation then or at any time thereafter be equal to or greater than his or her average final compensation at retirement, 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 chapter 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 the age of 55 years, his or her pension upon subsequent retirement shall not exceed the sum of the pension that he or she was receiving immediately prior to his or her last restoration to membership and the pension that may have accrued to him or her on account of membership service since his or her last restoration to membership. (Added 1973, No. 251 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5060. Optional benefits

§ 5060. Optional benefits
(a) Until the first payment on account of a retirement allowance becomes normally due, any member may elect to convert the retirement allowance otherwise payable to the member after retirement into a retirement allowance that is its actuarial equivalent, in accordance with one of the optional forms described below.
Option 1. A reduced retirement allowance payable during the member’s life, with the provision that it shall continue after the member’s death for the life of the beneficiary nominated by the member by written designation duly acknowledged and filed with the Retirement Board at the time of retirement should such beneficiary survive the member; or
Option 2. A reduced retirement allowance payable during the member’s life, with the provision that it shall continue after the member’s death at one-half the rate paid to the member and be paid for the life of the beneficiary nominated by the member by written designation duly acknowledged and filed with the Retirement Board at the time of retirement should such beneficiary survive the member.
(b) Any member who elects to receive a retirement allowance under the provisions of option 1 or 2 may elect to receive a benefit further reduced actuarially as prescribed by the Board with the added provision that on the basis of stipulations contained in a plan-approved domestic relations order or if the retired member survives the member’s nominated beneficiary, the retirement allowance which would have been payable during the member’s life computed pursuant to section 5055 or 5056 of this title, whichever is applicable, shall be paid to the retired member during the remainder of the member’s lifetime. If a member does not make an election as to the form of his or her retirement allowance, the member shall receive his or her retirement allowance computed pursuant to section 5055 or 5056 of this title, whichever is applicable. (Added 1973, No. 251 (Adj. Sess.), § 3; 1999, No. 53, § 11.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5061. Death benefit; post retirement

§ 5061. Death benefit; post retirement
The beneficiary of a member who dies after retirement shall receive at the member’s death, a lump sum equal in amount to the difference between the member’s accumulated contributions at the time of retirement and the sum of the annuity payments actually made to the member during his or her lifetime. However, if the member elected an option prior to the commencement of the benefit, the provisions thereof shall apply. Under all options, in the absence of a written designation of beneficiary, or in the event the designated beneficiary is deceased, the residual amount payable as a result of the death of the member after retirement shall be payable as follows:
(1) In the case of an open estate, to the administrator or executor.
(2) In the case of a closed estate and the residual amount payable is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
(3) In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the residual amount payable is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 551.
(4) In all other cases, a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the residual amount payable. When an estate is opened solely to distribute the residual amount payable under this section, the Probate Division of the Superior Court may waive any filing fees. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 2007, No. 13, § 43; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5061a. Accidental and occupationally-related death benefit

§ 5061a. Accidental and occupationally-related death benefit
If the Retirement Board shall find on the basis of such evidence as may come before it that a Group D member in service died prior to retirement under the System as the natural and proximate result of an accident occurring at a definite time and place during the course of the member’s performance of duty as an employee, and that such accident was not the result of the member’s own gross negligence or willful misconduct, a retirement allowance shall be paid the member’s dependent beneficiary during the beneficiary’s life. The terms and conditions of such payments shall be the same as those prescribed for Group C members as defined in 3 V.S.A. § 464. (Added 1999, No. 61, § 8.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5061b. Death benefit after retirement—Group D

§ 5061b. Death benefit after retirement—Group D
If a Group D member in receipt of a retirement allowance dies, the member’s dependent spouse shall receive, until his or her 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 the member had elected such an option. (Added 1999, No. 61, § 9.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5063. Investments; interest rate; disbursements

§ 5063. Investments; interest rate; disbursements
(a) The members of the Vermont Pension Investment Commission established in 3 V.S.A. chapter 17 shall be the trustees of the Fund created by this chapter, 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 with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived.
(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 Treasurer or by the Deputy Treasurer, 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) [Repealed.]
(e) Except as otherwise herein provided, no trustee and no employee of the Retirement Board or Vermont Pension Investment Commission shall have any direct interest in the gains or profits of any investment made by the Commission, nor shall any trustee, member of the Commission, or employee of the Board or 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 Commission become an endorser or surety, or in any manner an obligor, for monies loaned to or borrowed from the Board. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 1981, No. 41, § 37; 1985, No. 171 (Adj. Sess.), § 5, eff. May 7, 1986; 1987, No. 80, § 10, eff. June 9, 1987; 1995, No. 118 (Adj. Sess.), § 2; 2005, No. 50, § 9; 2007, No. 13, § 45; 2021, No. 75, § 9, eff. June 8, 2021.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5065. Errors

§ 5065. 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 1973, No. 251 (Adj. Sess.), § 3; amended 2017, No. 165 (Adj. Sess.), § 27.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5066. Exemption of member’s interest; assignment

§ 5066. Exemption of member’s interest; assignment
That portion of the salary or wages of a member deducted or to be deducted under this chapter, the right of a member to an annuity, pension, or retirement allowance hereunder, and all the member’s rights in the assets of the Retirement System, shall be exempt from taxation, except income tax, and 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 the assets to which the member is or may be entitled, or of any right to or interest in those assets, shall be valid, except to the extent permitted by this chapter. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 2007, No. 13, § 48.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5067. Postretirement adjustments to retirement allowances

§ 5067. Postretirement adjustments to retirement allowances
(a) For members, as of June 30 in each year, commencing June 30, 1987, a determination shall be made of the increase, to the nearest one-tenth of a percent of the Consumer Price Index for the preceding fiscal year. The retirement allowance of each beneficiary in receipt of an allowance for at least one year on the next following December 31 shall be increased by an amount equal to one-half of the percentage increase. The increase shall commence on the January 1 immediately following such December 31. The adjustment shall apply to members of the Group A, B, or D plans receiving an early retirement allowance only in the year following attainment of normal retirement age, provided the member has received benefits for at least 12 months as of December 31 of the year preceding any January adjustment. The maximum adjustment of any retirement allowance resulting from any such determination shall be two percent for Group A members and three percent for Group B, C, and D members, and no retirement allowance shall be reduced below the amount payable to the beneficiary without regard to the provisions of this section.
(b) For purposes of this section, Consumer Price Index shall mean the Northeast Region Consumer Price Index for all urban consumers, designated as “CPI-U,” in the northeast region, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
(c) No adjustment shall be made pursuant to this section in a deferred vested allowance payable pursuant to subsection 5059(a) of this title prior to its commencement.
(d) For all members of Group A and Group B, who have retired prior to July 1, 1987, there is hereby granted on July 1, 1989 a cost of living adjustment to each member’s retirement allowance equal to two percent for each year of retirement prior to July 1, 1987 but not to exceed a total adjustment greater than ten percent.
(e) No adjustment shall be made pursuant to this section in January if the Consumer Price Index as of the previous June 30th is a negative rate. (Added 1987, No. 39, § 9; amended 1989, No. 11, § 9; 1991, No. 233 (Adj. Sess.), § 7; 1999, No. 61, § 5; 2005, No. 197 (Adj. Sess.), § 8; 2009, No. 139 (Adj. Sess.), § 10a; 2011, No. 63, § H.3.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5069. Insurance

§ 5069. Insurance
(a) The Board may enter into insurance arrangements to provide health and medical benefits for retired members and their dependents. The Board may enter into insurance arrangements to provide dental coverage for retired members and their dependents, provided the municipalities or the System has no legal obligation to pay any portion of the dental benefit premiums.
(b) The Board may, to the extent that it may be funded as described in this subsection, establish an uninsured program for the reimbursement of certain health care costs of retired members and their dependents pursuant to the following:
(1) Benefits under an uninsured program shall be funded by redirecting a portion of contributions from employers. Employer contributions shall only be so redirected to the extent that those contributions offset an existing actuarially determined surplus with respect to the actuarial cost method and funding adopted by the Board. The Board may establish a trust to hold and invest employer contributions and to pay the benefits and administrative expenses of the program. The benefits or administrative expenses of this program shall not be paid from the Annuity Fund, the Pension Fund, or the Expense Fund.
(2) The Board shall have the discretion to determine the method for allocating the fund balance to retired members; provided, however, that the aggregate benefits payable under this program may not exceed the aggregate contributions made by employers and earnings, if any, on those contributions. Prior to July 1 of each year, the Board shall notify each retired member of the amount available for reimbursement over the succeeding 12 months and the procedures by which the retired member or dependent may request reimbursement.
(3) Retired members and their dependents shall be required to provide substantiation of their health care expense claims to the extent required by the Internal Revenue Service for tax-favored treatment of their reimbursements. The Board may enter into an agreement with a third party administrator to process the expense claims of retired members and their dependents.
(c) As an alternative to providing health care insurance, the Board, in its discretion, may assist retired members of the System with the cost of health care by authorizing payment of a health care stipend to retired members in an amount to be determined by the Board. In the event the Board determines to provide such a stipend, it shall annually review the stipend, in consultation with the actuary designated pursuant to subsection 5062(j) of this title, and determine whether to continue to provide the stipend and the amount to be paid. If authorized by the Board, a stipend shall be paid in 12 monthly installments commencing on July 1 of that year. (Added 1991, No. 233 (Adj. Sess.), § 9; amended 1999, No. 158 (Adj. Sess.), § 15; 2005, No. 197 (Adj. Sess.), § 10; 2009, No. 24, § 13.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 125 - Municipal Employees' Retirement System of Vermont › § 5070. Defined contribution retirement plan

§ 5070. Defined contribution retirement plan
(a) The Board may approve a defined contribution retirement plan for one or more groups of members. The plan shall qualify as a defined contribution plan under the U.S. Internal Revenue Code, as amended. Participation in a defined contribution plan offered under this section shall be in lieu of participation in any other plan established under this title. The Board shall ensure that objective educational material be prepared and presented to the employees in order to enable them to make an informed decision, under the assumption that each participant is an unsophisticated investor.
(b) The proper authority or officer responsible for making up each employer payroll shall certify to the Board the amounts deducted on each and every payroll for employees participating in the defined contribution plan, and each of those amounts shall be paid into the defined contribution fund and credited to the individual account of the member from whose compensation the deduction was made.
(1) Employer reports and corresponding member contributions required by this subsection shall be provided by the due date established by the Board. An employer that provides reports or remits contributions, which are more than 30 days delinquent, may be assessed a delinquent reporting fee of one percent of the amount that should have been reported and remitted for each month, or prorated portion of a month, that the report or contributions are delinquent.
(2) Employers shall provide accurate reports. An employer who provides an inaccurate report shall be responsible for correcting any deficiencies and shall reimburse the System for any costs incurred by the System as a result of inaccuracy.
(3) In the event that an employer willfully files an inaccurate report, in addition to any other penalties provided by law, the employer shall pay the System an administrative penalty of up to 50 percent of the amount that was not accurately reported.
(4) The System may enforce the provisions of this subsection in Washington Superior Court.
(5) The Board may, in its discretion, waive part or all of a penalty assessment for good cause shown. (Added 1999, No. 53, § 14; amended 2007, No. 13, § 49.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 126 - Public Transportation › § 5082. Findings and declarations

§ 5082. Findings and declarations
(a) Public transportation is an important matter of State concern, essential to the economic growth of the State and to the public health, safety, and welfare of present and future generations of Vermonters.
(b) In each fiscal year, a portion of the Transportation Fund shall be dedicated to the continued support of public transit. (Added 1989, No. 262 (Adj. Sess.); amended 2001, No. 141 (Adj. Sess.), § 14, eff. June 21, 2002.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 126 - Public Transportation › § 5083. Declaration of policy

§ 5083. Declaration of policy
(a) It shall be the State’s policy to make maximum use of available federal funds for the support of public transportation. State operating support funds shall be included in Agency operating budgets to the extent that funds are available. State policy shall support the maintenance of existing public transit services and creation of new services including the following goals:
(1) Provision for basic mobility for transit-dependent persons, as defined in the current public transit policy plan, including meeting the performance standards for urban, suburban, and rural areas. The density of a service area’s population is an important factor in determining whether the service offered is fixed route, demand-response, or volunteer drivers.
(2) Expanding public transit service in rural areas and increasing ridership statewide.
(3) Access to employment, including creation of demand-response service.
(4) Congestion mitigation to preserve air quality, decrease greenhouse gas emissions, and sustain the highway network.
(5) Advancement of economic development objectives, including services for workers and visitors that support the travel and tourism industry. Applicants for “new starts” in this service sector shall demonstrate a high level of locally derived income for operating costs from fare-box recovery, contract income, or other income.
(b) The Agency of Transportation shall evaluate proposals for new public transit service submitted by providers in response to a notice of funding availability, by examining feasibility studies submitted by providers. The feasibility studies shall address criteria set forth in the most recent public transit policy plan.
(c) The Agency, in cooperation with the Public Transit Advisory Council, shall adopt appropriate performance and service standards for transit systems receiving federal or State assistance. The Agency of Transportation shall provide guidance, training, funding, and technical assistance to transit systems in order to meet the performance and service standards established.
(d) The Agency of Transportation shall provide written guidance, funding, and technical assistance in the preparation of financial and management plans for public transit systems for each fiscal year. To provide a foundation for financial stability and reliability in the provision of transportation services to the public, the Agency of Transportation shall, in cooperation with the Public Transit Advisory Council, establish both short and long-range fiscal, operating, and capital investment plans to support the goals outlined in this section and regional transportation development plan proposals and regional plans as required by section 5089 of this title. (Added 1989, No. 262 (Adj. Sess.); amended 1993, No. 211 (Adj. Sess.), § 21, eff. June 17, 1994; 1999, No. 156 (Adj. Sess.), § 18, eff. May 29, 2000; 2003, No. 56, § 37, eff. June 4, 2003; 2011, No. 153 (Adj. Sess.), § 32; 2019, No. 59, § 18.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 126 - Public Transportation › § 5084. Public Transit Advisory Council

§ 5084. Public Transit Advisory Council
(a) The Public Transit Advisory Council shall be created by the Secretary of Transportation under 19 V.S.A. § 7(f)(5), to consist of the following members:
(1) the Secretary of Transportation or designee;
(2) three representatives of the Vermont Public Transportation Association;
(3) a representative of the Green Mountain Transit Authority;
(4) the Secretary of Human Services or designee;
(5) the Commissioner of Labor or designee;
(6) the Secretary of Commerce and Community Development or designee;
(7) a representative of the Vermont Center for Independent Living;
(8) a representative of the Community of Vermont Elders;
(9) a representative of private bus operators and taxi services;
(10) a representative of Vermont intercity bus operators;
(11) a representative of the Vermont Association of Planning and Development Agencies;
(12) a representative of the Vermont League of Cities and Towns;
(13) a citizen appointed by the Governor;
(14) a member of the Senate, appointed by the Committee on Committees; and
(15) a member of the House of Representatives, appointed by the Speaker.
(b) The Advisory Council shall be chaired by the Secretary of Transportation or designee.
(c) The Advisory Council shall meet no less than four times during each State fiscal year, excluding subcommittee meetings. The legislative members of the Council shall be entitled to compensation and expenses as provided in 2 V.S.A. § 406. Members who are not State employees shall receive reimbursement of expenses and a per diem as provided in 32 V.S.A. § 1010.
(d) The Advisory Council shall serve as an advisory group to the Agency of Transportation on all matters relating to public transit service as defined in section 5088 of this title.
(e) [Repealed.] (Added 1999, No. 156 (Adj. Sess.), § 17, eff. May 29, 2000; amended 2003, No. 56, § 38, eff. June 4, 2003; 2003, No. 160 (Adj. Sess.), § 50, eff. June 9, 2004; 2011, No. 62, § 32; 2017, No. 158 (Adj. Sess.), § 23, eff. May 21, 2018.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 126 - Public Transportation › § 5088. Definitions

§ 5088. Definitions
As used in this subchapter:
(1) “Fixed route service” means a public transit service operated over a set route or network of routes on a regular schedule.
(2) “New public transit service” means any eligible public transit service not previously provided.
(3) “Nonprofit public transit system” means a domestic corporation organized in accordance with Title 11B having the majority of its governing board appointed by the legislative body of the municipality or municipalities served, and a function of providing a public transit service or a foreign nonprofit corporation located in a state which borders Vermont and provides public transit services in both Vermont and the bordering state.
(4) “Paratransit” means transportation services, provided through flexible scheduling or routing in small vehicles, such as ride-matching, dial-a-ride, jitney, subscription, and route-deviated bus services.
(5) A “public transit service” means any fixed route, paratransit, transportation brokerage, user-side subsidy, and or rideshare/ride-match program which is available to any person upon payment of the proper fare, and which is promoted to be available to all members of the public, including those with special needs.
(6) A “public transit system” means:
(A) a transportation authority as provided by 24 App. V.S.A. chapter 801;
(B) a transit authority or transit district as provided by chapter 127 of this title;
(C) any municipal transit system, or any nonprofit public transit system;
(D) a local chapter of the American National Red Cross created by Congress under 36 U.S.C. chapter 3001 that provides public transit service; or
(E) an intercity bus carrier.
(7) [Repealed.]
(8) “Transportation brokerage” means matching the most appropriate services and providers to individual markets.
(9) “User-side subsidy” means a direct subsidy to users which allows them to select the service they prefer. (Added 1989, No. 262 (Adj. Sess.); amended 1991, No. 50, § 253a; 1993, No. 211 (Adj. Sess.), § 16, eff. June 17, 1994; 1995, No. 60, § 28, eff. April 25, 1995; 2001, No. 64, § 17, eff. June 16, 2001; 2009, No. 123 (Adj. Sess.), § 47(1).)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 126 - Public Transportation › § 5089. Planning

§ 5089. Planning
(a) The Agency of Transportation’s Public Transit Plan for the State shall be amended no less frequently than every five years. The development of the State Public Transit Plan shall include consultation with public transit providers, the metropolitan planning organization, and the regional planning commissions and their transportation advisory committees to ensure the integration of transit planning with the transportation planning initiative as well as conformance with chapter 117 of this title (municipal and regional planning and development). Regional plans, together with the Agency of Transportation’s Public Transit Plan shall function to coordinate the provision of public, private nonprofit, and private for-profit regional public transit services, in order to ensure effective local, regional, and statewide delivery of services.
(b) Recognizing that the growing demand for new regional and commuter services must be considered within the context of the continuing need for local transit services that meet basic mobility needs, the Agency of Transportation shall consult annually with the regional planning commissions and public transit providers in advance of the award of available planning funds. The Agency shall maintain a working list of both short- and long-term planning needs, goals, and objectives that balances the needs for regional service with the need for local service. Available planning funds shall be awarded in accordance with State and federal law and as deemed necessary and appropriate by the Agency following consultation with the regional planning commissions and the public transit providers. (Added 1989, No. 262 (Adj. Sess.); amended 1993, No. 211 (Adj. Sess.), § 17, eff. June 17, 1994; 2001, No. 64, § 18, eff. June 16, 2001; 2009, No. 50, § 73; 2011, No. 62, § 33.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 126 - Public Transportation › § 5090. Human service transit

§ 5090. Human service transit
The Secretary of Human Services shall direct Agency of Human Services programs to purchase client transportation through public transit systems in all instances where public transit services are appropriate to client needs and as cost-efficient as other transportation. (Added 1989, No. 262 (Adj. Sess.); amended 1993, No. 211 (Adj. Sess.), § 18, eff. June 17, 1994.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 126 - Public Transportation › § 5093. Rules

§ 5093. Rules
Rules reasonable and necessary to implement this chapter may be adopted by the Secretary of Transportation pursuant to the provisions of 3 V.S.A. chapter 25. (Added 1989, No. 262 (Adj. Sess.); amended 1993, No. 211 (Adj. Sess.), § 20, eff. June 17, 1994; 2003, No. 56, § 40, eff. June 4, 2003.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 126 - Public Transportation › § 5094. Powers of Secretary of Transportation

§ 5094. Powers of Secretary of Transportation
On behalf of the State and to carry out the purposes of this chapter and 19 V.S.A. § 10f, the Secretary of Transportation may:
(1) execute and file an application with the Federal Transit Administration for federal assistance authorized by Titles 23 and 49 of the U.S. Code or other federal law;
(2) execute and file certifications, assurances, or other documents the Federal Transit Administration may require before awarding a federal assistance grant or cooperative agreement;
(3) execute grant and cooperative agreements with the Federal Transit Administration. (Added 2011, No. 153 (Adj. Sess.), § 18, eff. May 16, 2012.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 127 - Mass Transit Authorities › § 5101. Definitions

§ 5101. Definitions
As used in this chapter:
(1) “Municipalities” means a town, a city, or an incorporated village.
(2) “Legislative body” means the selectmen in the case of a town, the council or mayor and board of aldermen in the case of a city, and the trustees in the case of an incorporated village. (Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 127 - Mass Transit Authorities › § 5102. Area of operation

§ 5102. Area of operation
The area of operation for an authority created under the provisions of this chapter shall be the area of the member municipalities. (Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 127 - Mass Transit Authorities › § 5103. Membership in the authority

§ 5103. Membership in the authority
Two or more municipalities may form a mass transportation authority. Membership in the authority shall consist of those municipalities which elect to join the authority by majority vote of its voters present and voting on the question at an annual or special meeting duly warned for that purpose. The initial meeting of a municipality called to determine whether or not to join the authority shall be warned in the manner provided by law, except that for such meeting only, any warning need not be posted for a period in excess of 30 days, any other provision of law or municipal charter to the contrary notwithstanding. Membership may be terminated only in the manner provided in section 5109 of this title. (Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.)