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2002 SESSION
026014260Be it enacted by the General Assembly of Virginia:
1. That §§ 51.1-1203, 51.1-1205, 51.1-1206, 51.1-1207 and 51.1-1210 of the Code of Virginia are amended and reenacted as follows:
§ 51.1-1203. Definitions.
"Creditable service" means service as an eligible volunteer plus any service credited pursuant to § 51.1-1207.
"Eligible volunteer" means any volunteer rescue squad member or volunteer firefighter who is a member of a bona fide volunteer rescue or emergency medical squad or fire department and who is otherwise eligible pursuant to the criteria established by the Board.
"Member" means an eligible volunteer.
§ 51.1-1205. Equivalent distribution.
Any member who has attained the age of sixty and who has served twenty years
ten years of creditable service 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 any investment
gains on such contributions less any losses, provided that such amount shall be
reduced by the amount of any distribution to such member under § 51.1-1206. The
Board may provide alternative methods of distribution in lieu of a lump sum distribution to members entitled to
a service award under this section.
The distributions provided shall be in addition to all pensions or other benefits under any other statutes of the Commonwealth or the United States.
§ 51.1-1206. Other distributions.
The Board shall direct payment in lump sums from the Fund as follows:
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 a service award and who was enrolled as a member of the Fund has at
least five but less than ten years of creditable service as an
eligible volunteer, an amount equal to (i) the amount paid into the Fund by him
plus (ii) the amount paid into the Fund on his behalf by his fire department or
rescue squad plus (iii) the amount paid into the Fund on his behalf by his
local government plus (iv) the amount paid into the Fund on his behalf by any
other source plus (v) a portion of the amount paid into the Fund, on his
behalf, from the general fund of the state treasury pursuant to §
51.1-1204 plus (vi) any investment gains thereon less any losses on the amounts
paid into the Fund described under clauses (i) through (v). The portion of the
amount paid from the general fund on behalf of such person that shall be paid
to such person shall be based upon such person's years of creditable service as
follows:
Years of creditable Portion of general fund contributions
service to be paid
At least five but
less than six Five percent of general fund contributions
At least six but
less than seven Ten percent of general fund contributions
At least seven but
less than eight Twenty-five percent of general fund
contributions
At least eight but
less than nine Forty-five percent of general fund
contributions
At least nine but
less than ten Seventy percent of general fund contributions
In any case where the person shall be paid less than 100 percent of the general fund contributions made on his behalf, the investment gain or investment loss applicable to such contributions that shall be paid, or subtracted from any payment otherwise required, to such person shall equal the amount of the investment gain or investment loss, applicable to such contributions at the time of payment, multiplied by the percentage of such general fund contributions to be paid to the person as determined under this subdivision.
2. If the eligible volunteer firefighter or volunteer rescue squad member ceases to serve as a volunteer and has less than five years of creditable service upon attaining age sixty, such person shall not be paid, nor have any right or interest in, the amount paid into the Fund on his behalf (i) by his fire department or rescue squad, (ii) from the general fund of the state treasury pursuant to § 51.1-1204, or (iii) by any local government. Such person shall, however, be paid all contributions to the Fund that he has made plus the applicable portion of any investment gains or losses thereon.
The amount paid into the Fund on his behalf by his fire department or rescue squad shall remain in the Fund and shall be deemed additional contributions made by such fire department or rescue squad. The amount paid into the Fund on his behalf from the general fund of the state treasury shall remain in the Fund and shall be deemed additional contributions made from the general fund of the state treasury. The amount paid into the Fund on his behalf from a local government shall remain in the Fund and shall be deemed additional contributions from such local government.
3. This provision The provisions of this section 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.
24. 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 an eligible volunteer, there shall
be paid to his beneficiary 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. 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.
35. To any firefighter or rescue squad worker withdrawing from the Fund, upon
proper application, all moneys he contributed to the Fund less any investment
losses, and an administrative fee of twenty-five dollars.
§ 51.1-1207. Determination of prior creditable service; information furnished by applicants for membership.
Any member with eligible service prior to the effective date of this provision
membership may purchase up to five ten years of such service upon
certification of his fire department or rescue squad. Such purchase shall be
prorated at the rate of one month year for every two months years of
eligible service. The cost of such service shall be ten dollars per month for
every month purchased an amount as established by the Board. All eligible
service must be purchased within 180 days of the effective date of 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.
§ 51.1-1210. Administrative fee for rejoining the Fund.
Any individual who had been a member of the Fund and who applies to rejoin the
Fund shall not be entitled to membership until he has paid an administrative
fee of twenty-five dollars. The fee shall be in addition to any other charges
or payments required by the Board to rejoin the Fund based upon the Fund's loss of
earnings resulting from the member's withdrawal. The Board shall elect to waive
the twenty-five dollar fee for members reinstated pursuant to subsection B in §
51.1-1209.
2. That the provisions of this act shall not increase, decrease, or affect in any way any distribution paid pursuant to Chapter 12 (§ 51.1-1200 et seq.) of Title 51.1 prior to July 1, 2002.