Employees Eligible to Vote. To be eligible to vote in this referendum, an employee must be: • A member of the retirement system (PERSI) at the time the referendum is held; and • In a position under the retirement system (be in an employment relationship with the entity) both on the date the Notice is issued and through and on the date of the vote.
Employees Eligible to Vote. To be eligible to vote in a referendum an employee must be: a member of the retirement system at the time the referendum is held, and in a position under the retirement system, i.e., be in an employment relationship (as distinguished from actually performing services) both at the time the notice of the referendum is given and at the time the referendum is held. Generally, an employee is a member of a retirement system if the employee’s personal relationship to the system qualifies the employee for benefits under the system or for additional benefits if the employee is already qualified. An employee does not lose eligibility to vote when absent from work because of illness, summer vacation or leave of absence (e.g., teachers on summer vacation, members of the National Guard or reservists of the U.S. military and naval services who are called up for active duty) if the employment relationship continues.
Employees Eligible to Vote. An employee must occupy a position under the retirement system, i.e., be in a current employment relationship (as distinguished from actually performing services), and be a member of the retirement system at the time the system is divided. Under certain conditions individuals hired between the date of division and the date of execution of the modification covering the divided system may be given a choice regarding coverage. If the retirement system was covered after December 31, 1959, a member includes an optional, i.e., an individual who has an option to join the retirement system, but has not done so.
Employees Eligible to Vote. Employees absent from work due to being called to duty by the U.S. military will retain the right to vote in both divided vote referendums and majority vote referendums as long as an employee/employer relationship continues to exist. For the purpose of determining whether an employment relationship exists (for the purpose of identifying participants for a referendum), refer to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). XXXXXX is a federal law that gives members and former members of the U.S. armed forces the right to go back to a civilian job they held before military service. XXXXXX also assures service members called to duty the same rights and privileges that they would otherwise be entitled to if they were on leave of absence or furlough. USERRA, § 4316 Rights, benefits, and obligations of persons absent from employment for service in a uniformed service states that a person who is absent from a position of employment by reason of service in the uniformed services shall be— deemed to be on furlough or leave of absence while performing such service; and entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person performs such service. § 4316 (3), a person deemed to be on furlough or leave of absence under this subsection while serving in the uniformed services shall not be entitled under this subsection to any benefits to which the person would not otherwise be entitled if the person had remained continuously employed; and (4) such person may be required to pay the employee cost, if any, of any funded benefit continued. XXXXXX further states that a person who knowingly provides written notice of intent not to return to a position of employment after service, is not entitled to the above mentioned rights. To be qualified under USERRA protection a person must meet five tests. However, for the purpose of participating in a referendum for employees called to active duty it is only necessary that a person meet the first three tests. The last two tests imply the person is no longer deployed. The 60 day exception only applies to eligible employees who are on active duty at the time the notice is sent and at the time the referendum is...
