19-7-301. Membership -- inactive vested members -- inactive nonvested members. (1) Each sheriff is required to become a member of the sheriffs' retirement system unless the sheriff was a member of the public employees' retirement system on July 1, 1974, in which case the sheriff may at the sheriff's option become a member of the sheriffs' retirement system.
     (2) An investigator is required to become a member of the sheriffs' retirement system unless the investigator was a member of the public employees' retirement system on July 1, 1993, in which case the investigator has the option of becoming a member of the sheriffs' retirement system.
     (3) All sheriffs and investigators who become members of the sheriffs' retirement system shall remain members so long as they are actively employed in an eligible capacity, except as provided in 19-7-1101.
     (4) A member with at least 5 years of membership service who terminates service and does not take a refund of the member's accumulated contributions is an inactive vested member and retains the right to purchase service and to receive a retirement benefit under the provisions of this chapter.
     (5) A member with less than 5 years of membership service who terminates service and leaves the member's accumulated contributions in the pension trust fund is an inactive nonvested member and is not eligible for any benefits from the retirement system. An inactive nonvested member is eligible only for a refund of the member's accumulated contributions.

     History: En. 68-2607 by Sec. 7, Ch. 178, L. 1974; amd. Sec. 3, Ch. 59, L. 1977; R.C.M. 1947, 68-2607(part); amd. Sec. 1, Ch. 81, L. 1987; amd. Sec. 3, Ch. 261, L. 1993; amd. Sec. 135, Ch. 265, L. 1993; amd. Sec. 1, Ch. 248, L. 1997.