19-13-301. Active membership -- inactive vested member -- inactive nonvested member. (1) A full-paid firefighter becomes an active member of the retirement system:
     (a) on the first day of the firefighter's service with an employer;
     (b) on July 1, 1981, if the firefighter is employed by an employer on that date; or
     (c) in the case of an employer that elects to join the retirement system as provided in 19-13-211, on the effective date of the election if the firefighter is employed by the employer on that date.
     (2) Upon becoming eligible for membership, the firefighter shall complete the forms and furnish any proof required by the board.
     (3) A part-paid firefighter may elect to become a member of the retirement system by filing a membership application with the board.
     (4) An active member becomes an inactive member upon the occurrence of the earliest of the following:
     (a) the date the member ceases service with an employer;
     (b) the 31st day of an approved absence from active duty with an employer; or
     (c) the date the member ceases to be employed because of a reduction of the number of firefighters in the fire department as provided in 7-33-4125.
     (5) A member with at least 10 years of membership service who terminates service and does not take a refund of 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.
     (6) A member with less than 10 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. Sec. 14, Ch. 566, L. 1981; amd. Sec. 212, Ch. 265, L. 1993.