Section 38.1111. Delinquent member or employer contribution.

(1) A member shall not be entitled to a retirement allowance based upon  creditable   reporting  unit  service  performed  under    the contributory plan until the member  has  contributed   to  the  retirement system an amount equal to the amount the member should have contributed according  to   the  schedule  governing contributions in effect at the time the creditable service was performed, together with interest at such rate as the retirement board shall determine. If a member who made payment  for service performed under this rule dies or withdraws   from  service   before the member's retirement allowance becomes effective and there is no other person entitled to an   allowance,    the payment   shall    be    refunded    upon request   to    the

member,  refund   beneficiary,  or,  if    none,    a     legal representative appointed by the court.

(2)  Delinquent    contributions   for   service   performed   under   the noncontributory plan shall be the responsibility of the reporting   unit where the service was performed and subject to penalties and interest as determined by the retirement board and statute.

History: 1985 AACS.