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2001 SESSION
012824988Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.6, 51.1-1200, 51.1-1201, 51.1-1202, 51.1-1204, 51.1-1205, 51.1-1206, and 51.1-1207 of the Code of Virginia are amended and reenacted as follows:
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board of
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for
Art and Architectural Review Board
Athletic Training, Advisory Board on
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers and Cosmetology, Board for
Blind and Vision Impaired, Virginia Board for the
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Cemetery Board
Certified Seed Board, State
Charity Food Assistance Advisory Board
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Counseling, Board of
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Design-Build/Construction Management Review Board
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board, State
Farmers Market Board, Virginia
Fire Services Board, Virginia
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Irish Potato Board, Virginia
Juvenile Justice, State Board of
Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Neurotrauma Initiative Advisory Board, Commonwealth
North Meherrin State Scenic River Advisory Board
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board of
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy, Board of
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Broadcasting Board, Virginia
Public Buildings Board, Virginia
Public Guardian and Conservator Advisory Board
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Care, Advisory Board on
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board, State
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos and Lead
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Cotton Board
Virginia Employment Commission, State Advisory Board for the
Virginia Geographic Information Network Advisory Board
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Retirement System, Board of Trustees
Virginia Schools for the Deaf and the Blind, Advisory Commission on the
Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Voluntary Formulary Board, Virginia
(For effective date - See notes) Volunteer Firefighters' and Rescue Squad
Workers' Pension Service Award Fund Board
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 51.1-1200. (Contingent effective date - see note) Fund established; administration and management; Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board.
There is hereby created a fund to be known and designated as the "Volunteer
Firefighters' and Rescue Squad Workers' Pension Service Award Fund" (the Fund).
The Fund is established to provide pension allowances service awards to
eligible volunteer firefighters and rescue squad workers who elect to become members of the Fund. The
Volunteer Firefighters' and Rescue Squad Workers' Pension Service Award Fund
Board (the Board) shall utilize the assistance of the Virginia Retirement
System in establishing, investing, and maintaining the Fund. The Board of
Trustees of the Virginia Retirement System shall administer and manage the
investment of the Fund as custodian and provide staff to further carry out the
provisions of this chapter. The Virginia Retirement System shall invest the
Funds in accordance with Article 3.1 (§ 51.1-124.30 et seq.) of Chapter 1 of
this title. The Fund shall annually reimburse the Virginia Retirement System
for all costs incurred and associated, directly and indirectly, with the
administration of this chapter and management and investment of the Fund.
§ 51.1-1201. (Contingent effective date) Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board.
A. The Volunteer Firefighters' and Rescue Squad Workers' Pension Service Award
Fund Board is hereby created and is to be composed of seven members. The Director of the Virginia
Retirement System shall be a member and act as chairman and the remaining six
members shall be appointed by the Governor. The Governor shall appoint three
members of the Board from a list provided by the Virginia State Firefighter's
Association and three members from a list provided by the Virginia Association
of Volunteer Rescue Squads. Such appointees shall be confirmed by the General
Assembly. Two of the appointed members shall serve for initial terms of six
years, two for initial terms of four years, and two for initial terms of two
years; thereafter, the terms shall be six years. No Board member other than the
chairman shall serve more than two full consecutive terms.
B. The Director of the Virginia Retirement System with the consent of the Board shall immediately declare the office of any member of the Board vacant when he finds that the member is unable to perform the duties of his office or for any reason does not meet the qualifications of this section. The Governor shall appoint a new member, subject to confirmation by the General Assembly, to serve for a full or unexpired term whenever the office of a member becomes or is declared vacant. In any case where a new appointment is made, the person receiving the appointment shall be a (i) volunteer firefighter representative if his predecessor was a volunteer firefighter representative or (ii) volunteer rescue squad representative if his predecessor was a volunteer rescue squad representative.
C. The members of the Board shall serve without compensation; however, the nongovernmental members may be reimbursed for their reasonable expenses incurred in attending meetings of the Board or in acting in an official capacity for the Board.
D. The first Board appointed shall meet as soon as practicable for the purpose of organizing and electing officers. Officers other than the chairman shall be elected for one-year terms. The Board shall adopt a general statement of policy and procedures. The Board shall meet at least quarterly and at such special meetings as the chairman may call. The chairman may call a special meeting at any time and shall call a special meeting when requested by three or more members of the Board. No meeting shall be deemed a regular or special meeting unless a quorum is present.
E. Members of the Board shall be subject to removal from office only as set forth in Article 7 (§ 24.2-230 et seq.) of Chapter 2 of Title 24.2. The Circuit Court of the City of Richmond shall have exclusive jurisdiction over such removal proceedings.
§ 51.1-1202. (Contingent effective date - see note) Powers and duties of the Board.
The Board shall promulgate such rules and policies as are necessary to carry
out its responsibilities as required by this chapter. The Board may contract
the administrative services related to the benefits service awards provided for
herein and designate authority for the administration of those benefits service
awards based on the standards set forth in § 51.1-124.30. The Board or its
designee shall (i) request such general fund appropriations as necessary to maintain the
Fund, (ii) make determinations of eligibility for membership in the Fund, (iii) approve
applications for benefits service awards to be paid from the Fund, and (iv)
exercise all other powers necessary for the administration of this chapter and management of the
Fund. Member contributions to the Fund shall be segregated into separate member
accounts and be used only to pay benefits service awards to its members. The
Board shall adopt rules and policies that bring the Fund into compliance with any applicable law or
regulation of this Commonwealth or the United States.
§ 51.1-1204. (Contingent effective date - see note) Application for membership in Fund; quarterly payments by members; matching payments from the general fund; payments credited to separate accounts of members.
Eligible volunteers, and all persons who subsequently become eligible
volunteers, may apply to the Board for membership in the Fund. Upon becoming a
member of the Fund, each eligible volunteer shall pay thirty dollars an amount
to be set by the Board per quarter into the Fund. Each quarterly payment made
by a member shall be supplemented by such contribution from the general fund of the
state treasury for a period not to exceed twenty years as shall be determined by the
Board and as may be appropriated by the general appropriation act [ ; provided,
however, that the maximum amount provided by the Commonwealth shall not exceed thirty
dollars per quarter ] . The quarterly payments shall be credited to the
separate accounts of the members, and the matching contributions shall be
credited to the Fund. The member contribution or any additional contribution to
the Fund may be made by the individual fire department or rescue squad, local
government or any other source provided it is paid for all eligible members.
Such accounts shall be kept so that they are available for payment on
withdrawal from membership or retirement upon receipt of the service award. No
eligible volunteer shall maintain more than one membership in the Fund. In the event an eligible
volunteer is in more than one eligible position, he must choose the position upon which his
membership will be determined.
§ 51.1-1205. (Contingent effective date - see note) Equivalent benefit.
Any member who has attained the age of sixty and who has served twenty years as
an eligible volunteer shall be entitled to a distribution from the Fund
equivalent to the contributions that he has made, the appropriate matching
contributions made on his behalf, and the earnings any investment gains on such
contributions less any losses. The Board may provide alternative methods of
distribution in lieu of a lump sum distribution to members entitled to a
benefit service award under this section.
The distributions provided shall be in addition to all other pensions or other
benefits under any other statutes of the Commonwealth or the United States.
§ 51.1-1206. (Contingent effective date - see note) Other distributions.
The Board shall direct payment in lump sums from the Fund:
1. To any eligible volunteer firefighter or eligible volunteer rescue squad
worker upon attaining age sixty who, for any reason, is not qualified to
receive the monthly retirement pension a service award and who was enrolled as
a member of the Fund, an amount equal to the amount paid into the Fund by him
plus accrued interest any investment gains thereon less any losses. This
provision shall not be construed to preclude any eligible volunteer firefighter or eligible volunteer
rescue squad worker from completing the requisite number of years of active service, after attaining the
age of sixty, necessary to entitle him to the distribution provided for in §
51.1-1205.
2. If an eligible volunteer firefighter or eligible volunteer rescue squad
worker dies before attaining the age at which a pension is payable a service
award is otherwise paid to him under the provisions of this chapter and while
he is an eligible volunteer, there shall be paid to his spouse beneficiary; if
there is no spouse, to his children; if there are no children, then to his heirs-at-law as may be determined by the Board;
or to his estate, if it is administered and there are no heirs, an amount equal
to the contributions he has made, the matching contributions made on his
behalf, and any investment gains on such contributions less any losses. the
amount paid into the Fund by the volunteer and the accrued interest on that
amount. If an eligible volunteer firefighter or eligible volunteer rescue
squad worker dies before a service award is otherwise paid to him under the
provisions of this chapter and while he is no longer an eligible volunteer,
there shall be paid to his beneficiary, an amount equal to the amount paid into
the Fund by the volunteer and any investment gains on that amount, less any
losses. For purposes of this section, a member's beneficiary is the person or
persons the member may name on a form prepared by the Board, signed by the
member and filed in a manner prescribed by the Board. If there are no such
persons, then his beneficiary shall be his spouse; if there is no spouse, then
his living children equally; if there are no children, then his heirs-at-law as
may be determined by the Board; or if there are no heirs, then his estate, if
it is administered.
3. To any firefighter or rescue squad worker withdrawing from the Fund, upon
proper application, all moneys he contributed to the Fund without accumulated
earnings on the payments after the time they were made, less any investment
losses, and an administrative fee equal to the lesser of the amount the
individual contributed to the Fund or of twenty-five dollars.
§ 51.1-1207. (Contingent effective date - see note) Determination of prior creditable service; information furnished by applicants for membership.
Any member with eligible service prior to the effective date of this provision
may purchase up to five years of such service upon certification of his fire
department or rescue squad. Such purchase shall be prorated at the rate of one
month for every two months of eligible service. The cost of such service shall
be ten dollars per month for every month purchased. All eligible service must
be purchased within 180 days of the effective date of this provision the Fund.
Notwithstanding any other provisions of this chapter, the Board may grant qualified prior service
credits to an eligible volunteer firefighter or eligible rescue squad worker,
under such terms and conditions that the Board may adopt, if the Board
determines that such volunteer has been denied such prior service credit
through no fault of his own.
2. That the second enactment of Chapters 664 and 860 of the 1999 Acts of Assembly is repealed.