(a) Membership in the system for members of the Legislature shall be optional. Each member in service on July 1, 1970, and who is not then a member of the system by previous election, may obtain coverage in the system by filing an application within twelve (12) months from such date, on a form provided by the Administrator. Salary deductions for new members of the system, at the rate prescribed herein, shall begin from the first payroll period following the filing of the application with the Administrator and credited service as a member of the system shall begin to accrue. Any such new member who desires credit for service rendered as a member of the Legislature shall contribute to the system the amount of contribution in effect during such prior service not later than June 30, 1971.
(b) Each person who becomes a member of the Legislature after July 1, 1970, and who is then not a participant by previous election, shall automatically become a member of the system and be subject to salary deductions hereunder unless, within 90 days from the date he becomes a member of the Legislature, he filed with the Administrator a written notice of election not to participate.
(c) Participation in the system on the part of any member of the Legislature shall continue until the date he becomes an annuitant, dies or accepts a refund of his contributions thereto.
(d) The rate of contribution to the system on the part of a member of the Legislature who becomes a member of the system shall be 9 percent of his annual salary. This rate shall apply to service rendered beginning January 9, 1989. For purposes of this chapter, service as a member of the Legislature during any part of a calendar year shall be deemed to be a year of credited service. The employer and employee contributions must be made for the full calendar year, including a charge to be determined by the actuary of the System.
(e) The conditions governing eligibility for service retirement for any member of the Legislature and the amount of the annuity shall be as stated in this section, all other provisions of this chapter notwithstanding.
1. For each year of credited service during the first 6 years—2 ½ percent of compensation;
2. For each year of credited service from 7 to 12 years inclusive—3 percent of compensation;
3. For each year of credited service above 12 years—4 percent of compensation;
provided that the maximum service retirement annuity of 75 percent of compensation shall, in any event, be payable upon completion of twenty years of credited service, whether or not such member has reached age 50. For purposes of this subsection, the term “compensation” shall mean the highest rate of salary, as established by section 71 pursuant to the provisions of section 73 of Title 2, Virgin Islands Code, received by that member during his tenure as a member of the Legislature and shall increase only as provided under this chapter.(f) In the case of any member of the Legislature who shall become separated from the service before he completed an aggregate of 6 years of service as a member of the Legislature, the total amount paid by such member of the Legislature shall, upon his application, be returned to him or such legislative service shall be credited to the member's service as provided by Title 3, section 704, subsection (k), Virgin Islands Code. No such member of the Legislature shall thereafter receive credit for such service unless he again becomes a member of the Legislature and redeposits the amount so returned.
(g)
(1) Nothing contained in this chapter shall be construed to prevent any person eligible therefor from simultaneously receiving an annuity computed on the basis of years of service other than as a member of the Legislature and an annuity computed in accordance with this section; nor shall anything contained in this chapter be construed to prevent a member of the Legislature from receiving, while serving in the Legislature, an annuity for nonlegislative service.
(2) Nothing contained in this chapter shall prevent any person elected as a member by the Legislature of the Virgin Islands from simultaneously receiving an annuity under this section while so employed; nor shall anything in this chapter prevent any elected member from receiving a pension from the government of the United States Virgin Islands while receiving an annuity under this section.
(h) No provision of this chapter or any other Act relating to automatic separation from the service shall be applicable to a member of the Legislature.
(i) As used in this section, the term “Legislature” means the Legislature of the Virgin Islands, and the previous Legislative Assembly of the Virgin Islands and the previous Municipal Councils of the Municipality of Saint Thomas and Saint John and the Municipality of Saint Croix. Notwithstanding any other provision of this title, any member of the Legislature Assembly or a Municipal Council may obtain credit for such service by contributing to the system an amount equal to $100 for each year of service as a member of the Legislative Assembly or a Municipal Council.
(j) In no case shall service other than as a member of the Legislature be considered service for the purposes of this section, nor shall service as a member of the Legislature be considered service for any purpose other than as specified in this section.
(k) The provisions of this section with respect to conditions governing membership in the system, rates of contribution, conditions for retirement and rates of annuity, as prescribed by this amendatory act of 1970, shall apply fully to all membership of the Legislature in service on July 1, 1970, and to those who become members of the Legislature thereafter. All other sections of this chapter to the extent that they confer additional rights or benefits in the system to participants therein, shall apply with equal force to members of the Legislature who are members of the system to the same extent as in the case of all other employee participants and their beneficiaries, and other provisions of this chapter to the contrary notwithstanding.
(l) [Repealed.]