Member/Employer Notice: NHRS Eligibility for Town Clerk/Tax Collectors

Dec 16, 2014
  • Employer Notices

For Immediate Release: July 29, 2013
Contact:  NHRS Employer Services, 603-410-3681

CONCORD, N.H. – Two bills signed into law in 2013 contain language pertaining to New Hampshire Retirement System (NHRS, the retirement system) membership eligibility for individuals elected or appointed for a fixed term to the combined positions of town clerk and tax collector.

The legislation passed this year (House Bill 342, House Bill 594) pertains specifically to individuals in communities where the town clerk and tax collector positions were not formally combined pursuant to RSA 41:45-a.

House Bill 342 (Chapter 251, Laws of 2013) amended RSA 100-A:3, I(a) by adding language allowing individuals elected or appointed to the offices of town clerk and tax collector for the same employer to satisfy the membership eligibility requirements by using both offices, even though the positions were not formally combined.

House Bill 594 (Chapter 257, Laws of 2013) amended RSA 100-A:3, I(a) to account for instances where a community inadvertently enrolled an individual elected or appointed as town clerk/tax collector, but never combined the offices per RSA 41:45-a.  In these instances, the individual is allowed to retain any prior service credit for which the member and the employer have already paid contributions to NHRS.  The bill does not allow individuals to purchase prior service credit for which no contributions were remitted.

In communities where the town clerk/tax collector is a hired position – as opposed to an elected or fixed-term appointed position – the individual must meet the 35-hour per week minimum participation standard contained in NHRS Administrative Rule ret. 302.05.

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