Vermont H 838: An act relating to possession of firearms by persons convicted of a violent crime

Bill Text

BILL AS INTRODUCED H.838
2026 Page 1 of 8

VT LEG #386286 v.1
H.838 1
Introduced by Representative Casey of Montpelier 2
Referred to Committee on 3
Date: 4
Subject: Executive Branch; retirement; State Employees’ Retirement System; 5
State Treasurer 6
Statement of purpose of bill as introduced: This bill proposes to make 7
miscellaneous amendments to Group membership within the State Employees’ 8
Retirement System. 9
An act relating to Group membership in the State Employees’ Retirement 10
System 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 3 V.S.A. § 455 is amended to read: 13
§ 455. DEFINITIONS 14
(a) As used in this subchapter: 15
* * * 16
(9) “Employee” shall mean means: 17
(A) Any regular officer or employee of the Vermont Historical 18
Society or a department other than a person included under subdivision (B) of 19
this subdivision (9), who is employed for not less than 40 calendar weeks in a 20

BILL AS INTRODUCED H.838
2026 Page 2 of 8

VT LEG #386286 v.1
year. “Employee” includes deputy State’s Attorneys, victim advocates 1
employed by a State’s Attorney pursuant to 13 V.S.A. § 5306, secretaries 2
employed by a State’s Attorney pursuant to 32 V.S.A. § 1185, and other 3
positions created within the State’s Attorneys’ offices that meet the eligibility 4
requirements for membership in the Retirement System. 5
(B) Any regular officer or employee of the Department of Public 6
Safety assigned to police and law enforcement duties, including the 7
Commissioner of Public Safety appointed before July 1, 2001; but, irrespective 8
of the member’s classification, shall does not include any member of the 9
General Assembly as such, any person who is covered by the Vermont 10
Teachers’ Retirement System, any person engaged under retainer or special 11
agreement or Group C beneficiary employed by the Department of Public 12
Safety for not more than 208 hours per year, or any person whose principal 13
source of income is other than State employment. In all cases of doubt, the 14
Retirement Board shall determine whether any person is an employee as 15
defined in this subchapter. Also included under this subdivision (B) are 16
employees of the Department of Liquor and Lottery who exercise law 17
enforcement powers, employees of the Department of Fish and Wildlife 18
assigned to law enforcement duties, motor vehicle inspectors, full-time deputy 19
sheriffs compensated by the State of Vermont whose primary function is 20
transports, full-time members of the Capitol Police force, investigators 21

BILL AS INTRODUCED H.838
2026 Page 3 of 8

VT LEG #386286 v.1
employed by the Criminal Division of the Office of the Attorney General, 1
Department of State’s Attorneys, Department of Health, or Office of the 2
Secretary of State, who have attained Level III law enforcement officer 3
certification from the Vermont Criminal Justice Council, who are required to 4
perform law enforcement duties as the primary function of their employment, 5
and who may be subject to mandatory retirement permissible under 29 U.S.C. 6
§ 623(j), who are first included in membership of the system on or after July 1, 7
2000. Also included under this subdivision (B) are full-time firefighters 8
employed by the State of Vermont and the Defender General. 9
* * * 10
(11) “Member” means any employee included in the membership of the 11
Retirement System under section 457 of this title. 12
(A) “Group A members” means employees classified under 13
subdivision (9)(A) of this subsection (a). 14
(B) [Repealed.] 15
(C) “Group C members” means employees classified under 16
subdivision (9)(B) of this subsection (a) who become members as of the date 17
of establishment, any person who is first included in the membership of the 18
System on or after July 1, 1998, any person who was a Group B member on 19
June 30, 1998, who was in service on that date, and any person who was a 20

BILL AS INTRODUCED H.838
2026 Page 4 of 8

VT LEG #386286 v.1
Group B member on June 30, 1998, who was absent from service on that date 1
who returns to service on or after July 1, 1998. 2
(D) “Group D members” means Justices of the Supreme Court, 3
Superior judges, district judges, environmental judges, and probate judges. 4
(E) “Group F member” means any person who is first included in the 5
membership of the System on or after January 1, 1991, any person who was a 6
Group E member on December 31, 1990, who was in service on that date, and 7
any person who was a Group E member on December 31, 1990, who was 8
absent from service on that date who returns to service on or after January 1, 9
1991. 10
(F) “Group G member” means: 11
(i) the following employees who are first employed in the 12
positions listed in this subdivision (F)(i) on or after July 1, 2023, or who are 13
members of the System as of June 30, 2022, and make an irrevocable election 14
to prospectively join Group G on or before June 30, 2023, pursuant to the 15
terms set by the Board: facil