The following employees shall be members of the Fund and subject to the provisions of this chapter:
(a) All employees, regardless of age or length of service, in the service of the government on the operative date of the fund, shall become members of the Fund by virtue of their employment.
(b) Any person on an approved leave of absence on the operative date, on account of disability or military service, shall be subject to membership as of such date as though he were in active service. If such leave of absence is for any other cause, such person shall be subject to the membership as of the operative date only if the leave of absence is extended, in the aggregate, for less than one year after the operative date.
(c) All qualified persons becoming employees after the operative date shall become members as a condition of employment.
(d) Elective officers, including but not limited to the Governor and Lieutenant Governor, and members of the Legislature; provided, however, any elective officer may decline membership in the fund by notifying the board in writing of his intent to do so.
(e) Employees of the Fund under the direction of the Board, unless ineligible pursuant to 7.1421.
(f) The employees of the Development Bank of American Samoa, unless ineligible pursuant to 7.1421, provided that the bank makes payment to the Fund for all prior service credit as determined jointly by the trustees of the fund and the directors of the bank.History: 1971, PL, 12-29 § 6;amd 1979, PL, 16-15 § 1; 1986, PL 19-37 § 8; 1987, PL 20-13 § 1; 1989, PL 21-21 §1; 1996, PL 24-12.
Amendments: 1979 Subsection (d): added the Governor and Lieutenant Governor to the elective officers listed.
1986 Subsection (c): inserted” qualified” before “persons”.
Subsection (d): inserted “and” before “members”.
Subsection (e): added.
1987 Subsection (c): replaced “60” with “65”.
Subsection (d): deleted “and the Delegate-at-Large to Washington. D.C”.