Classification of Offices; Transition; Initial and Subsequent Elections and Appointments

(a)Classification of Offices. The Board of Trustees shall transition into a seven

(7)member board as described in § 8138, consisting of two

(2)Elected Retirees, two

(2)Elected Active Members, two

(2)Appointed Residents who are not employed by nor retired from the government, and one

(1)Appointed Resident who is in the classified service. To realize that intent, those seven

(7)offices shall be classified by identifying each office with a number, with Office 1 and Office 2 held by those who are Elected Retirees, and Office 3 and Office 4 held by those who are Elected Active Members. Offices 5, 6, and 7 shall be held by those appointed by I Maga’hågan/Maga’låhen Guåhan with the advice and consent of I Liheslaturan Guåhan with Offices 5 and 6 held by Appointed Residents who are not employed by nor retired from the government of Guam. Office 7 shall be held by an Appointed Resident who shall be a government of Guam employee in the classified service.

(b)Transition. Incumbent Trustees shall continue to serve on the Board of Trustees, except that they will be deemed to have resigned upon the oath of office taken by two

(2)Elected Retirees and two

(2)Elected Active Members who are elected in the initial election to fill Offices 1 through 4.

(c)Elections and Appointments. An initial election and all subsequent elections to fill Offices 1 through 4 shall be conducted on a Saturday that is not a legal holiday, except that the election shall not be held within sixty

(60)days prior to a Primary or General Election, or between a Primary and General Election, in which case the Board of Trustees’ election shall be held at least thirty

(30)but no more than sixty

(60)days following a General Election.

(1)The initial election shall be held between February 1, 2004, and March 1, 2004.

(2)Board of Trustees elections shall be conducted by the Guam Election Commission and shall be funded by the Retirement Fund to fill Offices 1 through 4 in the following manner:

(A)Offices 1 and 2 shall be filled only by Elected Retirees.

(B)Offices 3 and 4 shall be filled only by Elected Active Members.

(3)All appointments for Offices 5 through 7 shall be made by I Maga’hågan/Maga’låhen Guåhan with the advice and consent of I Liheslaturan Guåhan. CH. 8 RETIREMENT OF PUBLIC EMPLOYEES

(A)Offices 5 and 6 shall be filled only by Appointed Residents who are not employed by the government of Guam.

(B)Office 7 shall be filled only by an Appointed Resident who shall be a government of Guam employee in the classified service.