N.H. Code Admin. R. Ret 304.08 - Failure to Remit Contributions or Pay Contribution Adjustment Payment Amount: Rescinding/Withholding of Service Credit

(a) The NHRS shall rescind any service credit or earnable compensation credit previously granted a member for any time period for which the NHRS has not received the required member or employer contributions due in accordance with RSA 100-A:16, I(a) and III(c).
(b) The NHRS shall rescind any previously granted service credit or earnable compensation credit for which contributions had been received on behalf of a member who was not eligible for creditable service.
(c) Upon assessment of a contribution adjustment payment amount pursuant to Ret 304.04(c)(10), the NHRS shall not grant or reinstate service credit for the service period at issue, or earnable compensation credit for earnable compensation for which contributions have not been received until receipt in full by the NHRS of both the member contribution adjustment payment and the employer contribution adjustment payment calculated pursuant to Ret 304.05 plus any unabated interest penalties due pursuant to Ret 304.06.
(d) For contribution adjustment payment amounts assessed prior to the member's retirement, if the NHRS does not receive, in accordance with (c) above, the full contribution adjustment payment amount plus any unabated interest penalties by the member's date of retirement, the member shall irrevocably forfeit any right to receive service credit for the service period at issue or to receive earnable compensation credit for earnable compensation for which contributions had not been received.
(e) For contribution adjustment payment amounts assessed after a member's retirement, if the NHRS does not receive in accordance with paragraph (c) above, the full contribution adjustment payment amount plus any unabated interest penalties within 90 days of the date of the notice of contribution adjustment, the retiree shall irrevocably forfeit any right to receive service credit for the service period at issue or to receive earnable compensation for which contributions had not been received.
(f) In the event of a forfeiture of service credit for a member's failure to remit a member contribution adjustment payment amount pursuant to (d) or (e) above, any employer contributions or employer adjustment payments received for the service period at issue shall be retained by the NHRS and credited to the state annuity fund in accordance with RSA 100-A:16, II(a) through (i).

Notes

N.H. Code Admin. R. Ret 304.08

#7478, eff 4-10-01; ss by #7573, eff 10-10-01, EXPIRED: 10-10-09

New. #9562, eff 10-14-09; ss by #10111, eff 4-11-12

Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12707, Effective 1/9/2019, Expires 1/9/2029.

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