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2005 SESSION
052864452Patrons-- Parrish, Abbitt, Athey, Bryant, Callahan, Councill, Dillard, Hamilton, Hargrove, Ingram, Joannou, Johnson, Morgan, Orrock, Plum, Purkey, Putney, Saxman, Scott, J.M., Shuler, Stump, Tata, Ware, R.L. and Welch; Senators: Hanger, Stosch and Watkins
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 seventy
70 years of age shall be retired twenty
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.
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. No member shall be entitled to the benefits of this subsection if his appointing authority certifies that his service was terminated because of dishonesty, malfeasance, or misfeasance in office. The certification may be appealed to the Board.
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 ninety 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.