4 GCA § 8211
Distributions Following Termination of Employment
View official PDF ↗(a)Normal and Early Retirement. At any time after a member reaches the early retirement age of fiftyfive
(55)years and has completed five
(5)years of employment for vesting purposes, or reaches the normal CH. 8 RETIREMENT OF PUBLIC EMPLOYEES retirement age of sixty-five
(65)years, that person may elect to receive retirement benefits by notifying the Board, or its designee, in writing, of such intention not less than sixty
(60)days prior to the effective date of retirement. Retirement payments shall commence as soon as practicable after retirement in accordance with the Defined Contribution Retirement System Plan Document.
(b)Disability. In the event of disability, a member may elect to receive a distribution of the member’s vested account balances as soon as practicable after termination of employment due to disability as defined in the Defined Contribution Retirement System Plan Document; provided, that any distribution of the member’s vested account balances will render the member ineligible to receive any pre-retirement benefits provided under any long-term disability insurance policy issued pursuant to § 8213 or Article 4 of this Chapter. In the event of disability after termination of employment, a member may elect to receive a distribution of that member’s vested account balances as soon as practicable after certification of said disability in accordance with the Defined Contribution Retirement System Plan Document.
(c)Death. In the event of a member’s death, distribution of the member’s vested account balances to the member’s beneficiaries shall be made as soon as practicable after death in accordance with the Defined Contribution Retirement System Plan Document.
(d)Other Termination of Employment. In the event of termination of employment for reasons other than retirement, disability or death, a member may elect to receive a distribution of the member’s vested account balances as soon as practicable after termination of employment.
§ The story of this section
- Enacted by P.L. 23-42 § 3 — introduced as Bill 305-23 · introduced by Joe T. San Agustin + 2 cosponsors
- Amended by P.L. 25-157 § 9 — introduced as Bill 281-25 · introduced by Vicente C. Pangelinan
- Amended by P.L. 26-162 § 12 — introduced as Bill 434-26 · introduced by Vicente C. Pangelinan
- Amended by P.L. 28-141 § 7 — introduced as Bill 293-28 · introduced by Mark Forbes
Interpreted by the courts:
- 2003 Guam 3 — Mariano J.C. Mesngon vs. Gov't of Guam, Civil Service Commission and University of Guam, through Dr. David L.G. Shimizu, (2003) · per Peter C. Siguenza, J.
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.