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2001 SESSION
012827900Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-20.1:2, 2.1-20.1:3, 2.1-20.1:4, and 2.1-20.1:7 of the Code of Virginia are amended and reenacted as follows:
§ 2.1-20.1:2. Health insurance credits for retired state employees.
A. The Commonwealth shall provide a credit toward the cost of health insurance
coverage for any former state employee, as defined in § 2.1-20.1, who retired
under the Virginia Retirement System, State Police Officers' Retirement System,
Judicial Retirement System, Virginia Law Officers' Retirement System, or any
retirement system authorized pursuant to § 51.1-126 and who (i) rendered at
least fifteen years of total creditable service under the Retirement System or (ii)
rendered service as a temporary employee of the General Assembly in 1972 and became
a member of the retirement system from 1972 to 1985 immediately following such
temporary service. The amount of each monthly health insurance credit payable
under this section shall be four five dollars per year of creditable service,
not to exceed a maximum monthly allowance of $120 $150, which amount shall be
credited monthly to any retired state employee participating in the state
retiree health benefits program pursuant to § 2.1-20.1:6 or an alternative
personal health insurance plan as provided herein. However, such credit shall not
exceed the health insurance premium for retiree-only coverage as provided under
such alternative personal health insurance plan. Any retired state employee
retired under the provisions of §§ 51.1-156 and 51.1-307 shall receive the
maximum credit provided by this section. Any person included in the membership of a
retirement system provided by Chapter 1 (§ 51.1-124.1 et seq.), 2 (§ 51.1-200
et seq.), 2.1 (§ 51.1-211 et seq.), or 3 (§ 51.1-300 et seq.) of Title 51.1 who
elects to defer his retirement pursuant to subsection C of §§ 51.1-153,
51.1-205 or § 51.1-305 shall be entitled to receive the allowable credit
provided by this section on the effective date of his retirement.
B. 1. For those retired state employees participating in the state retiree health benefits program, such credit shall be applied to the monthly premium deducted from benefits payable to retired state employees in accordance with Chapters 1 (§ 51.1-124.1 et seq.), 2 (§ 51.1-200 et seq.), 2.1 (§51.1-211 et seq.), and 3 (§ 51.1-300 et seq.) of Title 51.1. In the event that either no benefit is payable or the benefit payable is insufficient to deduct the entire health care premium, the payment of the credit shall be determined in the manner prescribed by the Virginia Retirement System. Eligibility for the credit shall be determined in a manner prescribed by the Virginia Retirement System.
2. For those retired state employees not electing or eligible to participate in the state retiree health benefits program and who purchase an alternative personal health insurance policy from a carrier or organization of his own choosing, such retirees shall be eligible to receive a credit in the amount specified in subsection A. Eligibility for the credit and payment for the credit shall be determined in a manner prescribed by the Virginia Retirement System.
3. Any person included in the membership of a retirement system provided by Chapter 1 (§ 51.1-124.1 et seq.), 2 (§ 51.1-200 et seq.), 2.1 (§ 51.1-211 et seq.), or 3 (§ 51.1-300 et seq.) of Title 51.1 who (i) rendered at least fifteen years of total creditable service as a state employee as defined in § 2.1-20.1 and (ii) after terminating state service, was employed by a local government that does not elect to provide a health insurance credit under § 2.1-20.1:3 or § 2.1-20.1:4, shall be eligible for the credit provided by subsection A, provided that the retired employee is participating in a health insurance plan. The Commonwealth shall be charged with the credit as provided for in subsection C. In such case, the health insurance credit shall be determined based upon the amount of state service or service as a teacher, whichever is greater.
C. The Virginia Retirement System shall actuarially determine the amount necessary to fund all credits provided by this section to reflect the cost of such credits in the employer contribution rate pursuant to § 51.1-145, and prescribe such terms and conditions as are necessary to carry out the provisions of this section. The costs associated with the administration of the health insurance credit program provided for in this section shall be recovered from the health insurance credit trust fund.
D. Notwithstanding anything contained in this section to the contrary, the Virginia Commonwealth University Health System Authority shall pay the cost of coverage for employees of such Authority who (i) retired under the Virginia Retirement System or any retirement system authorized pursuant to §§ 23-50.16:24.1, 51.1-126, 51.1-126.1, or former § 51.1-126.2; (ii) were employed by such Authority prior to July 1, 1998, and were not subsequently rehired by such Authority on or after July 1, 1998; and (iii) served no less than fifteen years of creditable service as regularly employed full-time employees of such Authority or the Commonwealth.
§ 2.1-20.1:3. Health insurance credits for retired teachers.
A. A teacher, as defined in § 51.1-124.3, retired under the Virginia Retirement
System who rendered at least fifteen years of total creditable service under the
System shall receive a health insurance credit to his monthly retirement
allowance, which shall be applied to reduce the retired member's health
insurance premium cost. The amount of each monthly health insurance credit
payable under this section shall be two three dollars and fifty cents for each
full year of the retired member's creditable service, not to exceed a maximum
monthly credit of seventy-five $105; however, each former member whose
retirement was for disability shall receive a monthly health insurance credit
of seventy-five $105. Eligibility for the credit shall be determined in a
manner prescribed by the Virginia Retirement System. Any member who elects to defer his retirement pursuant to
subsection C of § 51.1-153 shall be entitled to receive the allowable credit
provided by this section on the effective date of his retirement. The cost of such
credit shall be borne by the Commonwealth.
B. In addition to the health insurance credit authorized in subsection A, localities which participate in the Virginia Retirement System may elect to provide an additional health insurance credit of one dollar per month for each full year of the retired member's creditable service, not to exceed a maximum monthly credit of thirty dollars. The costs of such additional health insurance credit shall be borne by the locality.
C. 1. Those retired employees who purchase an alternative personal health insurance policy from a carrier or organization of their own choosing shall be eligible to receive a credit in the amount specified in subdivision C 2. Eligibility for the credit and payment of the credit shall be determined in a manner prescribed by the Virginia Retirement System.
2. The credit shall be in (i) the amount provided in subsection A, or subsection A and subsection B if the additional credit authorized by subsection B is provided or (ii) the amount of premium paid for the personal health insurance policy, whichever is less.
3. Any person included in the membership of a retirement system provided by Chapter 1 (§ 51.1-124.1 et seq.), 2 (§ 51.1-200 et seq.), 2.1 (§ 51.1-211 et seq.), or 3 (§ 51.1-300 et seq.) of Title 51.1 who (i) rendered at least fifteen years of total creditable service as a teacher as defined in § 51.1-124.3 and (ii) after terminating service as a teacher, was employed by a local government that does not elect to provide a health insurance credit under § 2.1-20.1:4, shall be eligible for the credit provided by subsection A and subsection B if provided by the school division from which the service described in clause (i) was rendered, provided that the retired employee is participating in a health insurance plan. The Commonwealth and local school division, if appropriate, shall be charged with the credit as provided for in subsection D. In such case, the health insurance credit shall be determined based upon the amount of state service or service as a teacher, whichever is greater.
D. The Virginia Retirement System shall (i) actuarially determine the amount necessary to fund all credits provided under this section, (ii) reflect the cost of such credits in the applicable employer contribution rate pursuant to §§ 51.1-145, 51.1-204, and 51.1-304, and (iii) prescribe such terms and conditions as are necessary to carry out the provisions of this section. The costs associated with the administration of the health insurance program provided for in this section shall be recovered from the health insurance credit trust fund.
§ 2.1-20.1:4. Health insurance credits for local government employees.
A. Retired local government employees, whose localities have elected to
participate in the Virginia Retirement System, who have rendered at least
fifteen years of total creditable service under the System shall receive a
health insurance credit to his monthly retirement allowance, which shall be
applied to reduce the retired member's health insurance premium cost, provided
the retiree's employer elects to participate in the credit program. The amount
of each monthly health insurance credit payable under this section shall be
$1.50 $2.50 for each full year of the retired member's creditable service, not
to exceed a maximum monthly credit of forty-five seventy-five dollars; however,
each former member whose retirement was for disability shall receive a monthly health insurance
credit of forty-five seventy-five dollars. Eligibility for the credit shall be
determined in a manner prescribed by the Virginia Retirement System. Any member who elects to defer
his retirement pursuant to subsection C of § 51.1-153 shall be entitled to
receive the allowable credit provided by this section on the effective date of his
retirement.
B. 1. Those retired employees who purchase an alternative policy from a carrier or organization of their own choosing shall be eligible to receive a credit in the amount specified in subsection B 2. Eligibility for the credit and payment of the credit shall be determined in a manner prescribed by the Virginia Retirement System.
2. The credit shall be in the amount provided in subsection A or the amount of premium paid for the personal health insurance policy, whichever is less.
C. The cost of the monthly health insurance credit payable under this section shall be borne by the locality.
D. The Virginia Retirement System shall actuarially determine the amount necessary to fund all credits provided under this section, reflect the cost of such credits in the applicable employer contribution rate pursuant to § 51.1-145, and prescribe such terms and conditions as are necessary to carry out the provisions of this section. The costs associated with the administration of the health insurance credit program provided for in this section shall be recovered from the health insurance credit trust fund.
§ 2.1-20.1:7. Health insurance credits for retired constitutional officers, employees of constitutional officers, and local social service employees.
A. A local officer, as defined in § 51.1-124.3, or an employee of a local
social services board, retired under the Virginia Retirement System who rendered at
least fifteen years of total creditable service under the System shall receive a
health insurance credit to his monthly retirement allowance, which shall be
applied to reduce the retired member's health insurance premium cost. The
amount of each monthly health insurance credit payable under this section shall
be one dollar two dollars and fifty cents for each full year of the retired
member's creditable service, not to exceed a maximum monthly credit of
forty-five seventy-five dollars; however, each former member whose retirement
was for disability shall receive a monthly health insurance credit of
forty-five seventy-five dollars. Eligibility for the credit shall be determined
in a manner prescribed by the Virginia Retirement System. Any member who elects to defer his
retirement pursuant to subsection C of § 51.1-153 shall be entitled to receive
the allowable credit provided by this section on the effective date of his
retirement. The cost of such credit shall be borne by the Commonwealth.
B. In addition to the health insurance credit authorized in subsection A, localities which participate in the Virginia Retirement System may elect to provide an additional health insurance credit of one dollar per month for each full year of the retired member's creditable service, not to exceed a maximum monthly credit of thirty dollars. The costs of such additional health insurance credit shall be borne by the locality.
C. 1. Those retired employees who purchase an alternative personal health insurance policy from a carrier or organization of their own choosing shall be eligible to receive a credit in the amount specified in subdivision 2 of this section. Eligibility for the credit and payment of the credit shall be determined in a manner prescribed by the Virginia Retirement System.
2. The credit shall be in (i) the amount provided in subsection A, or subsection A and subsection B if the additional credit authorized by subsection B is provided or (ii) the amount of premium paid for the personal health insurance policy, whichever is less.
D. The Virginia Retirement System shall (i) actuarially determine the amount necessary to fund all credits provided under this section, (ii) reflect the cost of such credits in the applicable employer contribution rate pursuant to § 51.1-145, and (iii) prescribe such terms and conditions as are necessary to carry out the provisions of this section. The costs associated with the administration of the health insurance program provided for in this section shall be recovered from the health insurance credit trust fund.