Bill Text: VA SB338 | 2020 | Regular Session | Prefiled
Bill Title: State Police Officers' Retirement System; exception to mandatory retirement requirement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-03-03 - Left in Appropriations [SB338 Detail]
Download: Virginia-2020-SB338-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §51.1-205 of the Code of Virginia is amended and reenacted as follows:
§51.1-205. Service retirement generally.
A. Normal retirement. -- Any member in service at his normal
retirement date with five or more years of creditable service (i) as a member
in the retirement system established by this chapter, (ii) as a member in the
retirement system established by Chapter 2.1 (§51.1-211 et seq.), or (iii)
while earning the benefits permitted by §51.1-138 may retire upon written
notification to the Board, setting forth the date the retirement is to become
effective. Any member, who attains 70 years of age shall be retired
within 60 days of attaining age 70 except one
(a) a member appointed by the Governor or elected by the
people, or;
(b) a regional jail or jail farm superintendent, who attains 70 years of age shall be retired
within 60 days of attaining age 70;
or (c) a member who receives written
approval from a sheriff,
superintendent, or other supervising officer for an
exception to compulsory retirement, provided that such approval is submitted to
the Virginia Retirement System within 60 days of
such member's seventieth birthday. Any employer, subsequent
to the employee's normal retirement date, may provide for compulsory service
retirement upon a determination that age is a bona fide occupational
qualification reasonably necessary to the normal operation of the particular
business or that the employee is incapable of performing his duties in a safe and
efficient manner. Any such determination shall be made by the employer.
Effective December 31, 2003, any member in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§51.1-100 et seq.), this chapter, or Chapter 2.1 (§51.1-211 et seq.) shall not be subject to the vesting requirements of this section, and §§51.1-138 and 51.1-216.
B. Early retirement. -- Any member in service who has attained his fiftieth birthday with five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2.1 (§51.1-211 et seq.), or (iii) while earning the benefits permitted by §51.1-138 may retire upon written notification to the Board setting forth the date the retirement is to become effective.
Effective December 31, 2003, any member in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§51.1-100 et seq.), this chapter, or Chapter 2.1 (§ 51.1-211 et seq.) shall not be subject to the vesting requirements of this section, and §§51.1-138 and 51.1-216.
C. Deferred retirement for members terminating service. -- Any member who terminates service after five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2.1 (§51.1-211 et seq.), or (iii) while earning the benefits permitted by §51.1-138, may retire under the provisions of subsection A, B, or D 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 (a) as a member in the retirement system established by this chapter, (b) as a member in the retirement system established by Chapter 2.1 (§51.1-211 et seq.), or (c) while earning the benefits permitted by §51.1-138, regardless of termination date, 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.
Effective December 31, 2003, any member in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§51.1-100 et seq.), this chapter, or Chapter 2.1 (§51.1-211 et seq.) shall not be subject to the vesting requirements of this section, and §§51.1-138 and 51.1-216.
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 on behalf of member. -- If the member is physically or mentally unable to submit written notification of his intention to retire, the member's appointing authority may submit notification on his behalf.
