12100185D
HOUSE BILL NO. 163
Offered January 11, 2012
Prefiled January 6, 2012
A BILL to amend and reenact § 51.1-305
of the Code of Virginia, relating to mandatory judicial retirement.
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Patron-- Hope
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That § 51.1-305 of the Code of Virginia is
amended and reenacted as follows:
§51.1-305. Service retirement generally.
A. Normal retirement. - Any member in service at his normal
retirement date with five or more years of creditable service may retire upon
written notification to the Board setting forth the date the retirement is to
become effective.
B. Early retirement. - Any member in service who has either
(i) attained his fifty-fifth birthday with five or more years of creditable
service or (ii) in the case of a member of any of the previous systems
immediately prior to July 1, 1970, complied with the requirements for
retirement set forth under the provisions of such previous system as in effect
immediately prior to July 1, 1970, may retire upon written notification to the
Board setting forth the date the retirement is to become effective.
B1. Mandatory retirement. - Any member who attains 70 73
years of age shall be retired 20 days after the convening of the next regular
session of the General Assembly. However,
if the mandatory retirement provisions of this subdivision would require a
member of the State Corporation Commission to be retired before the end of his
elected term and such retirement would occur during a session of the General
Assembly in which the General Assembly is required, pursuant to §12.1-6, to
elect another member or members of the State Corporation Commission to serve
either a regular term or a portion of a regular term, such member who otherwise
would be subject to the mandatory retirement provisions of this subdivision
shall be retired upon the first to occur of (i) the expiration of the term to
which he was elected or (ii) 20 days after the commencing of the regular
session of the General Assembly that immediately follows the date such member
attains 72 years of age. The provisions of this
subsection shall apply only to those members who are elected or appointed to an
original or subsequent term commencing after July 1, 1993 following his seventy-third birthday.
C. Deferred retirement for members terminating service. - Any
member who terminates service after five or more years of creditable service
may retire under the provisions of subsection A or B of this section, if he has not withdrawn his accumulated
contributions prior to the effective date of his retirement or if he has five
or more years of creditable service for which his employer has paid the
contributions and such contributions cannot be withdrawn. For the purposes of
this subsection, any requirements as to the member being in service shall not
apply.
D. Effective date of retirement. - The effective date of
retirement shall be after the last day of service of the member, but shall not
be more than 90 days prior to the filing of the notice of retirement.
E. Notification of retirement. - In addition to the notice to
the Board required by this section, the same notice shall be given by the
member to his appointing authority. If a member is physically or mentally
unable to submit written notification of his intention to retire, the member's
appointing authority may submit notification to the Board on his behalf.
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