7.1430 Credit

Cite as [A.S.C.A. § 7.1430 ]

(a) Credit for service prior to the operative date of the Fund is granted as follows:

(1) Every employee who becomes a member of the fund on its operative date shall be entitled to prior service credit, without cost to himself, for periods of prior employment during which he has rendered service to the government.

(2) An employee who becomes a member and whose work schedule prior to the operative date of the fund required employment for less than 12 but more than 2 months in a calendar year, may be granted prior service credit for the months of inactivity by payment to the Fund before 1 January 1983 of the contributions which the employee would have paid had the employee been continuously employed and had the Fund been operative at that time.

(3) Persons who become members and who have held elective offices in the government before the operative date of the Fund shall be granted prior service credit for the length of the actual terms of office: provided, however, that any person applying for prior service credit under this subsection shall not receive prior service credit if he is entitled to creditable service for the same period under any other provision of this section.

(4) Any employee who becomes a member of the Fund and who was a member of the Civil Service Retirement Fund of the United States Government at the operative date, whether in an active or inactive status, may be granted prior service credit only if he definitely terminates his membership in such fund, receives a refund of his accumulated contributions therefrom, and pays such amount in full, including regular interest from the date of such termination, if subsequent to the operative date, to the date of payment, to the Government Retirement Fund.

(5) Any employee not in service on the operative date, or on an approved leave of absence on such date, for disability, military leave or other cause, shall be entitled to receive credit for prior service only when such employee has completed at least 5 years of contributing membership service subsequent to the operative date.

(b) A member who was ineligible for membership in the Fund during any employment by the government prior to attaining membership but subsequent to the operative date may receive credit for that period of ineligible service if he deposits in the Fund the contributions he would have made if he had been a member of the Fund during that period together with regular interest thereon. No credit will be allowed until the de-posit is made.

(c) Credit shall be granted to any employee for active service in the Armed Forces of the United States, occurring before or subsequent to the operative date, on a year for year basis up to a maximum of 5 years credit, provided the discharge from the service is under conditions other than dishonorable.

(d) In addition to the credit authorized in the immediately preceding subsection, credit shall be granted for active service performed during a national emergency proclaimed by the President of the United States or during a national emergency or state of war declared by the Congress of the United States, occurring before or subsequent to the operative date of this title, provided the employee entered such active service while employed by the government and reenters its service within a period of 90 days following his discharge from the Armed Forces of the United States, under conditions other than dishonorable.

(e) Any person employed by the government for 10 years or more, who is a member of the fund, and who is appointed for a position within the United States Government which requires his continued residence within American Samoa and has not terminated his membership in the fund, may be allowed credit for such federal service; provided, he does not become a member of the Civil Service Retirement System; and provided further, that he pays to the fund during the years for which he claims credit as a federal employee the contributions which he would have paid had his employment been with the government, together with regular interest thereon, from the date on which such contributions would have been made had such service not been with the federal government, to the date of actual payment.

(f) Any person employed by the government who takes leave of absence without pay or terminates from such employment in order to further his education may, upon returning to employment with the government, claim retirement credit for such time spent in furthering his education, by paying to the retirement fund contributions which he would have paid had such time spent on education not been excluded by virtue of his leave of absence without pay or termination, together with regular interest thereon, from the date on which such contributions would have been made, had such time so spent not been excluded, to the date of actual payment; provided, however, that this section shall apply only to those persons who resume employment in the government within 2 years after completing their studies.

History: 1971, PL 12-29 § 8; 1972 PL 12-48 § 1;amd 1973, PL 13-41; 1981, PL, 17-28 § 3 amd 1985, PL 19-22 § 2; amd 1986, 19-37 § 10.

Amendments: 1973 Subsection (c): increased period of service in armed forces.

1985 Subsection (C): deleted “in addition to any” and replaced it with “or”; added “before or”: deleted final sentence concerning granting of prior service credit to employees receiving a pension or annuity from the United States government.

1986 Subsection (c): amended generally.

Subsection (d): added.

Subsection (C): relettered from former subsection (d).

Subsection if): relettered from former subsection (e).