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2011 SESSION

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11104858D
SENATE BILL NO. 1233 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Finance on February 1, 2011) (Patron Prior to Substitute--Senator Deeds) A BILL to amend and reenact § 51.1-212 of the Code of Virginia, relating to adding conservation officers of the Department of Conservation and Recreation into the Virginia Law Officers' Retirement System.

Be it enacted by the General Assembly of Virginia:

1.  That § 51.1-212 of the Code of Virginia is amended and reenacted as follows:

§ 51.1-212. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Employee" means any (i) member of the Capitol Police Force as described in § 30-34.2:1, (ii) campus police officer appointed under the provisions of Chapter 17 (§ 23-232 et seq.) of Title 23, (iii) conservation police officer in the Department of Game and Inland Fisheries appointed under the provisions of Chapter 2 (§ 29.1-200 et seq.) of Title 29.1, (iv) special agent of the Department of Alcoholic Beverage Control appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1, (v) law-enforcement officer employed by the Virginia Marine Resources Commission as described in § 9.1-101, (vi) correctional officer as the term is defined in § 53.1-1, and including correctional officers employed at a juvenile correction facility as the term is defined in § 66-25.3, (vii) any parole officer appointed pursuant to § 53.1-143, and (viii) any commercial vehicle enforcement officer employed by the Department of State Police.

The term shall also include any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115. Such conservation officer shall accrue the applicable retirement benefits under this chapter only for creditable service under this chapter on or after July 1, 2011. In addition, such conservation officer shall not be eligible to retire under this chapter unless he has five or more years of creditable service (a) as a member in the retirement system established under this chapter, (b) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.), or (c) while earning the benefits permitted by § 51.1-138.

"Member" means any person included in the membership of the Retirement System as provided in this chapter.

"Normal retirement date" means a member's sixtieth birthday.

"Retirement System" means the Virginia Law Officers' Retirement System.

2.  That any person who becomes a member of the Virginia Law Officers' Retirement System (§ 51.1-211 et seq. of the Code of Virginia) pursuant to the provisions of this act shall be eligible only for those retirement benefits under such system that are provided to employees who commence employment or reemployment on or after July 1, 2001.