(a) Any person who enters the service of the Government of the Virgin Islands on and after October 1, 2005.
(b) Any person who becomes an employee on or after the date of establishment shall become a member as a condition of employment on the date of appointment. Contributions by the person shall begin immediately, provided that the employee shall be eligible for duty disability and death benefits from the first day of service subject to the qualifying conditions prescribed for the payment of the benefits.
(c) Any person, who:
(1) was a member of the First Tier before October 1, 2005; but
(2) was not employed with the Government of the Virgin Islands on October 1, 2005; and
(3) reenters the service of the Government more than five years after the date of separation from government service.
(d) Any person whose position and salary are specifically fixed in the annual appropriation acts.
(e) Any person employed by the employer who is not elsewhere excluded by the Virgin Islands Code from membership and whose term of employment is for at least one (1) year, provided that an initial appointment to a position for the remainder of the then current fiscal year be considered as meeting this requirement.
(f) Any employee whose services are compensated on a contractual, fee or per diem basis and who works exclusively for the Government at least 40 hours per week may be included as a member and receive service credit for such periods by paying contributions pursuant to section 704(f) of this title.
(g) Notwithstanding subsection (b), any person who reenters Government service may elect not to be a member of the System if the person is 60 years of age or older and is not receiving a retirement annuity from the System.
(h) The following persons are excluded from membership in the System:
(1) Any casual employee;
(2) Any part-time employee who does not regularly work at least 50% of the normal work period; and
(3) Any provisional employee.
(i) The following persons are excluded from membership in the System:
(1) Any casual employee;
(2) Any part-time employee who does not regularly work at least 50% of the normal work period; and
(3) Any provisional employee.