19-8-301. Membership -- inactive vested members -- inactive nonvested members. (1) Except as provided in 19-8-302, the following state peace officers must be covered under the game wardens' and peace officers' retirement system and, beginning on the first day of employment, must become and shall remain active members for as long as they are employed as peace officers:
     (a) game wardens who are assigned to law enforcement in the department of fish, wildlife, and parks;
     (b) motor carrier officers employed by the department of transportation;
     (c) campus security officers employed by the university system;
     (d) wardens and deputy wardens employed by the department of corrections;
     (e) corrections officers employed by the department of corrections;
     (f) probation and parole officers employed by the department of corrections;
     (g) stock inspectors and detectives employed by the department of livestock; and
     (h) drill instructors employed by the department of corrections.
     (2) (a) An inactive member with at least 5 years of membership service is an inactive vested member and retains the right to purchase service credit and to receive a retirement benefit under the provisions of this chapter.
     (b) If an inactive vested member chooses to take a lump-sum payment rather than a retirement benefit, the lump-sum payment consists of only the member's accumulated contributions and not the employer's contributions.
     (3) (a) An inactive member with less than 5 years of membership service is an inactive nonvested member and is not eligible for any benefits from the retirement system.
     (b) An inactive nonvested member is eligible only for a refund of the member's accumulated contributions.

     History: En. Sec. 7, Ch. 130, L. 1963; amd. Sec. 18, Ch. 326, L. 1974; amd. Sec. 6, Ch. 8, L. 1977; amd. Sec. 4, Ch. 330, L. 1977; R.C.M. 1947, 68-1407(part); amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 159, Ch. 265, L. 1993; amd. Sec. 4, Ch. 223, L. 1997; amd. Sec. 2, Ch. 491, L. 1999; amd. Sec. 81, Ch. 429, L. 2003; amd. Sec. 51, Ch. 329, L. 2005; amd. Sec. 21, Ch. 128, L. 2007.