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2012 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 51.1-205 of the Code of Virginia is amended and reenacted as follows:
§ 51.1-205. Service retirement generally.
A. Normal retirement. - Any member in service at his normal
retirement date with five or more years of creditable service (i) as a member
in the retirement system established by this chapter, (ii) as a member in the
retirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of this
title, or (iii) while earning the benefits permitted by § 51.1-138 may
retire upon written notification to the Board, setting forth the date the
retirement is to become effective. Any member, except one appointed by the
Governor or elected by the people, or a regional jail or jail farm
superintendent, who attains 70 years of age shall be retired within 60 days
of attaining age 70. Any employer, subsequent to the employee's normal
retirement date, may provide for compulsory service retirement upon a
determination that age is a bona fide occupational qualification reasonably
necessary to the normal operation of the particular business or that the
employee is incapable of performing his duties in a safe and efficient manner.
Any such determination shall be made by the employer.
Effective December 31, 2003, any member in service on June 30,
2002, and July 1, 2002, who is credited with five or more years of creditable
service rendered under Chapter 1 (§ 51.1-100 et seq.), this chapter, or Chapter
2.1 (§ 51.1-211 et seq.) of this title shall not be subject to the
vesting requirements of this section, and §§ 51.1-138 and 51.1-216.
B. Early retirement. - Any member in service who has attained
his fiftieth birthday with five or more years of creditable service (i) as a member
in the retirement system established by this chapter, (ii) as a member in the
retirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of this
title, or (iii) while earning the benefits permitted by § 51.1-138 may
retire upon written notification to the Board setting forth the date the
retirement is to become effective.
Effective December 31, 2003, any member in service on June 30,
2002, and July 1, 2002, who is credited with five or more years of creditable
service rendered under Chapter 1 (§ 51.1-100 et seq.), this chapter, or Chapter
2.1 (§ 51.1-211 et seq.) of this title shall not be subject to the
vesting requirements of this section, and §§ 51.1-138 and 51.1-216.
C. Deferred retirement for members terminating service. - Any
member who terminates service after five or more years of creditable service
(i) as a member in the retirement system established by this chapter, (ii) as a
member in the retirement system established by Chapter 2.1 (§ 51.1-211 et seq.)
of this title, or (iii) while earning the benefits permitted by § 51.1-138,
may retire under the provisions of subsection A, B, or D 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
(a) as a member in the retirement system established by this chapter, (b) as a
member in the retirement system established by Chapter 2.1 (§ 51.1-211 et seq.)
of this title, or (c) while earning the benefits permitted by § 51.1-138,
regardless of termination date, 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.
Effective December 31, 2003, any member in service on June 30,
2002, and July 1, 2002, who is credited with five or more years of creditable
service rendered under Chapter 1 (§ 51.1-100 et seq.), this chapter, or Chapter
2.1 (§ 51.1-211 et seq.) of this title shall not be subject to the
vesting requirements of this section, and §§ 51.1-138 and 51.1-216.
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 90 days prior to the filing of the notice of retirement.
E. Notification on behalf of member. - If the member is physically or mentally unable to submit written notification of his intention to retire, the member's appointing authority may submit notification on his behalf.
2. That an emergency exists and this act is in force from its passage.