100-A:43 Withdrawal Authorized. – Notwithstanding any governing board, or authority which, pursuant to RSA 100:29 or 30, RSA 100:49 or 50 or any governing board or authority which, pursuant to RSA 100-A:20 or RSA 100-A:29 or 30, elected to have its officers and employees become eligible to participate under the respective systems, such officers and employees are hereby authorized to withdraw from the retirement system on the next anniversary date of their participation provided notice is filed with the board of trustees, on a form prescribed by the board, no less than 120 days prior to the withdrawal date. The right of an employer to withdraw from the retirement system under this section shall be subject to the condition that prior to withdrawal, the employer shall present to the board of trustees a certified report from an enrolled actuary which states that the alternative benefits which shall be provided to its employees shall be at least equal to the benefits which the employees currently receive from the retirement system; provided, however, that an employer which has an established unfunded accrued liability at the time which it elects to withdraw from the retirement system urrently receive from the retirement system; provided, however, that an employer which has an established unfunded accrued liability at the time which it elects to withdraw from the retirement system under this section, and whose officers and employees have elected to and are receiving retirement benefits or have filed for a vested deferred retirement allowance, shall pay the balance of the unfunded accrued liability on a prorated basis as determined by the retirement system actuary for any such officers or employees. Source. 1977, 262:1. 1983, 308:1, eff. July 1, 1983; 443:2, eff. July 1, 1983 at 12:01 a.m.
New Hampshire Legal Code