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1998 SESSION
988831199Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.6 and 9-6.25:2 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 2.1 a chapter numbered 53, consisting of sections numbered 2.1-807 through 2.1-820, as follows:
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board for
Aging, Advisory Board on the
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Art and Architectural Review Board
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Certified Seed Board, State
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Design-Build/Construction Management Review Board
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board, State
Farmers Market Board, Virginia
Fire Services Board, Virginia
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Irish Potato Board, Virginia
Juvenile Justice, State Board of
Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Neurotrauma Initiative Advisory Board, Commonwealth
North Meherrin State Scenic River Advisory Board
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Buildings Board, Virginia
Public Broadcasting Board, Virginia
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Recreation Specialists, Board of
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos and Lead
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Cotton Board
Virginia Employment Commission, State Advisory Board for the
Virginia Geographic Information Network Advisory Board
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Retirement System, Board of Trustees
Virginia Schools for the Deaf and the Blind, Advisory Commission on the
Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Virginia Volunteer Pension Fund Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 2.1-807. Fund established; administration by Board of Trustees of the Virginia Volunteer Pension Fund.
For the purposes of providing incentive and inducement to volunteers participating in fire prevention and rescue activities and in recognition of the public service rendered to the Commonwealth and its citizens by "eligible volunteers," as defined by this chapter, there is created in this Commonwealth a fund to be known and designated as the "Virginia Volunteer Pension Fund" (the "Volunteer Fund"). The Volunteer Fund is established to provide pension allowances to eligible volunteers in the Commonwealth who elect to become members of the Volunteer Fund. The Board of Trustees of the Virginia Volunteer Pension Fund Board (the "Volunteer Board") shall administer the Volunteer Fund and carry out the provisions of this chapter.
§ 2.1-808. Virginia Volunteer Pension Fund Board created.
A. The Virginia Volunteer Pension Fund Board is hereby created within the Department of Treasury to be composed of six members. The State Treasurer shall be a member and act as chairman and the remaining five members shall be appointed by the Governor. Three of the appointed members shall serve for initial terms of three years, one for an initial term of two years, and one for an initial term of one year; thereafter, the terms shall be three years. One member shall be a volunteer firefighter and one member shall be a rescue squad volunteer. The volunteer firefighter shall serve for an initial term of three years and the rescue squad volunteer shall serve an initial term of two years. No board member may serve for more than two consecutive terms. The original one- and two-year terms shall be regarded as full terms, and appointments to fill unexpired terms shall likewise be regarded as full terms.
B. The State Treasurer shall immediately declare the office of any member of the Volunteer Board vacant when he finds that the member is unable to perform the duties of his office or for any reason does not meet the qualifications of this section. The Governor shall appoint a new member to serve for a full or unexpired term whenever the office of a member becomes or is declared vacant. In any case where a new appointment is made, the person receiving the appointment shall be a (i) volunteer firefighter representative if his predecessor was a volunteer firefighter and (ii) rescue squad volunteer representative if his predecessor was a rescue squad volunteer.
C. The members of the Volunteer Board shall serve without compensation; however, the nongovernmental members may be reimbursed for their reasonable expenses incurred in attending meetings of the Volunteer Board or in acting in an official capacity for the Volunteer Board.
D. The first Volunteer Board appointed shall meet as soon as practicable for the purpose of organizing and electing officers. Officers other than chairman shall be elected for one-year terms. It shall adopt a general statement of policy and procedures which shall be subject to approval by the State Treasurer. Thereafter, the Volunteer Board shall meet at least quarterly and at such special meetings as the chairman may call. The chairman may call a special meeting at any time and shall call a special meeting when requested by three or more members of the Volunteer Board. No meeting shall be deemed a regular or special meeting unless a quorum is present.
§ 2.1-809. Powers and duties of the Volunteer Board.
The Volunteer Board shall (i) request appropriations out of the general funds of the Commonwealth as necessary for the administration of the Volunteer Fund, (ii) make determinations of eligibility for membership in the Volunteer Fund, (iii) approve applications for benefits paid from the Volunteer Fund, and (iv) exercise all other powers necessary for the administration of the Volunteer Fund.
§ 2.1-810. Director.
There is created an office to be known as Director of the Volunteer Pension Fund. He shall be appointed by the Volunteer Board and serve at its pleasure. The director shall promptly transmit to the State Treasurer all moneys collected by him, which moneys shall be deposited by the State Treasurer into the Volunteer Fund.
§ 2.1-811. State Treasurer to be custodian of fund; appropriations; contributions to fund; expenditures.
The State Treasurer shall be the custodian of the Virginia Volunteer Pension Fund and shall invest its assets in accordance with Chapter 23 (§ 2.1-359 et seq.) of this title. The appropriations made by the General Assembly shall be handled in the same manner as any other general fund appropriation. Member contributions to the Virginia Volunteer Pension Fund shall be segregated into separate member accounts and used only to pay benefits to members.
§ 2.1-812. "Eligible volunteer" defined.
"Eligible volunteer" means an eligible volunteer firefighter or an eligible rescue squad volunteer.
"Eligible volunteer firefighter" means any volunteer firefighter in the Commonwealth or any political subdivision thereof who: (i) performs such functions in the protection of life and property through firefighting within a county or city governmental unit and so certified by the Commonwealth, (ii) belongs to a bona fide fire department, (iii) operates fire apparatus and equipment of the value of $5,000 or more, and (iv) attends, in each calendar year, at least thirty-six hours of drills and meetings held by the fire department to which he belongs. Each fire department shall annually determine those volunteer firefighters who meet the eligibility qualifications and report their names to its respective governing body, which, upon determination of the validity and accuracy of the qualifications, shall promptly certify the list to the Firefighters' Board.
"Eligible rescue squad volunteer" means any rescue squad volunteer who is a member of a volunteer rescue or emergency medical squad unit in a county, city or town in the Commonwealth and who has attended a minimum of thirty-six hours of training and meetings in the last calendar year. Each squad or unit shall annually determine those volunteer workers who meet the eligibility qualifications and report their names to its respective governing body, which, upon determination of the validity and accuracy of the qualifications, shall promptly certify the list to the Volunteer Board.
§ 2.1-813. Application for membership in Volunteer Fund; monthly payments by members; matching payments from the General Fund; payments credited to separate accounts of members.
Eligible volunteers and all persons who subsequently become eligible volunteers may apply for membership to the Volunteer Board. Upon becoming a member of the Volunteer Fund, each volunteer shall pay ten dollars per month into the Volunteer Fund for a period not to exceed twenty years. Each monthly payment made by a member shall be matched by a contribution from the general fund of the state treasury to the Volunteer Fund. The monthly payments and the matching contributions shall be credited to the separate accounts of the members, and such accounts shall be kept so that they are available for payment on withdrawal from membership or retirement.
§ 2.1-814. Monthly pensions upon retirement.
Any member who has served twenty years as an eligible volunteer in the Commonwealth of Virginia and who has attained the age of fifty-five years shall be entitled to be paid a monthly pension from the Volunteer Fund. The monthly pension shall be $135 per month.
No person shall be entitled to a pension hereunder until his official duties as a volunteer have been terminated and he has retired as such according to standards or rules fixed by the Volunteer Board.
Any member who is totally and permanently disabled while in the discharge of his official duties as a result of bodily injuries sustained or as a result of extreme exercise or extreme activity experienced in the course and scope of his official duties and who leaves the fire service because of this disability shall be entitled to be paid from the Volunteer Fund a monthly benefit of $135 per month beginning the first month after his fifty-fifth birthday. All applications for disability are subject to the approval of the Volunteer Board, which may appoint physicians to examine and evaluate the disabled member prior to approval of his application, and annually thereafter. Such disabled member shall not be required to make the monthly payment of ten dollars.
Any member who is totally and permanently disabled for any cause not related to his duties, leaves the service because of this disability, and has at least ten years of service with the Volunteer Fund, shall be permitted to continue making a monthly contribution of ten dollars to the Volunteer Fund until he has paid $1,200 into the Volunteer Fund. The member shall, upon attaining the age of fifty-five, be entitled to receive a pension as provided by this section. All applications for disability are subject to the approval of the Volunteer Board, which may appoint physicians to examine and evaluate the disabled member prior to approval of his application, and annually thereafter.
The pensions provided shall be in addition to all other pensions or benefits under any other statutes of the Commonwealth of Virginia or the United States, notwithstanding any exclusionary provision of other pensions or retirement systems provided by law.
§ 2.1-815. Payments in lump sums.
The Volunteer Board shall direct payment in lump sums from the Volunteer Fund:
1. To any volunteer upon attaining age fifty-five who, for any reason, is not qualified to receive the monthly retirement pension and who was enrolled as a member of the Volunteer Fund, an amount equal to the amount paid into the Volunteer Fund by him. This provision shall not be construed to preclude any volunteer from completing the requisite number of years of active service, after attaining the age of fifty-five, necessary to entitle him to the pension.
2. If a volunteer dies before attaining the age at which a pension is payable to him under the provisions of this chapter, to his spouse; if there is no spouse, to his children; if there are no children, then to his heirs-at-law as may be determined by the Volunteer Board; or to his estate, if it is administered and there are no heirs, an amount equal to the amount paid into the Volunteer Fund by the volunteer.
3. If a volunteer dies after beginning to receive the pension payable to him by this chapter and before receiving an amount equal to the amount paid into the Volunteer Fund by him, to his spouse; if there is no spouse, then to his children; if there are no children, then to his heirs-at-law as may be determined by the Volunteer Board; or to his estate, if it is administered and there are no heirs, an amount equal to the difference between the amount paid into the Volunteer Fund by the volunteer and the amount received by him as a pensioner.
4. To any member withdrawing from the Volunteer Fund, upon proper application, all moneys he contributed to the Volunteer Fund without accumulated earnings on the payments after the time they were made, less an administrative fee equal to the lesser of the amount the individual contributed to the Volunteer Fund or twenty-five dollars. Notwithstanding the foregoing, if any person, firm, corporation, or other entity has made contributions on behalf of a member and that member withdraws from the Volunteer Fund, such person, firm, corporation, or other entity shall be entitled to a refund equal to the amount of its contribution after the Volunteer Board has been notified of the contributor's desire to be refunded such contributions. Any refunds to a contributor other than a member shall also be subject to the twenty-five-dollar administrative fee. If a refund is to be shared by a member and another party, the administrative fee shall be applied to each portion on a pro rata basis.
§ 2.1-816. Pro rata reduction of benefits when Volunteer Fund insufficient to pay in full.
If, for any reason, the moneys in the Volunteer Fund are insufficient to pay in full any pension benefits or other charges, then all benefits or payments shall be reduced pro rata, for as long as the deficiency exists. No claim shall accrue with respect to any amount by which a pension or benefit payment has been reduced.
§ 2.1-817. Determination of prior creditable service; information furnished by applicants for membership.
The Volunteer Board shall determine the number of years' credit for prior service of the volunteer. Upon applying for membership in the Volunteer Fund, the volunteer shall furnish the Volunteer Board the information as to prior service, if any. Notwithstanding any other provisions of this chapter, the Volunteer Board may grant qualified prior service credits to an eligible volunteer, under such terms and conditions that the Volunteer Board may adopt, if the Volunteer Board determines that an eligible volunteer has been denied such prior service credit through no fault of his own.
§ 2.1-818. Length of service not affected by serving in more than one department or squad; transfer form one department or squad to another.
A volunteer's length of service shall not be affected by the fact that he may have served with more than one department or squad, and upon transfer from one department or squad to another, notice of the fact shall be given to the Volunteer Board.
§ 2.1-819. Effect of member being six months delinquent in making monthly payments.
Any member who becomes six months delinquent in making the required monthly payments by the tenth of the month shall forfeit his membership in the Volunteer Fund.
§ 2.1-820. Administrative fee for rejoining the Volunteer Fund.
Any individual who had been a member of the Volunteer Fund and who applies to rejoin the Volunteer 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 Volunteer Board to rejoin the Volunteer Fund based upon the Volunteer Fund's loss of earnings resulting from the member's withdrawal from the Volunteer Fund.
§ 9-6.25:2. Policy boards, commissions and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following policy boards, commissions and councils:
Apprenticeship Council
Athletic Board
Auctioneers Board
Blue Ridge Regional Education and Training Council
Board for Accountancy
Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects
Board for Barbers
Board for Contractors
Board for Cosmetology
Board for Geology
Board for Hearing Aid Specialists
Board for Opticians
Board for Professional and Occupational Regulation
Board for Professional Soil Scientists
Board for Waterworks and Wastewater Works Operators
Board of Agriculture and Consumer Services
Board of Audiology and Speech-Language Pathology
Board of Coal Mining Examiners
Board of Conservation and Recreation
Board of Correctional Education
Board of Dentistry
Board of Directors, Virginia Student Assistance Authorities
Board of Funeral Directors and Embalmers
Board of Health Professions
Board of Historic Resources
Board of Housing and Community Development
Board of Medical Assistance Services
Board of Medicine
Board of Mineral Mining Examiners
Board of Nursing
Board of Nursing Home Administrators
Board of Optometry
Board of Pharmacy
Board of Professional Counselors
Board of Psychology
Board of Recreation Specialists
Board of Social Services
Board of Social Work
Board of Surface Mining Review
Board of Veterinary Medicine
Board on Conservation and Development of Public Beaches
Chesapeake Bay Local Assistance Board
Child Day-Care Council
Commission on Local Government
Commonwealth Transportation Board
Council on Human Rights
Council on Information Management
Criminal Justice Services Board
Design-Build/Construction Management Review Board
Disability Services Council
Farmers Market Board, Virginia
Interdepartmental Council on Rate-setting for Children's Facilities
Library Board, The Library of Virginia
Marine Resources Commission
Milk Commission
Pesticide Control Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Safety and Health Codes Board
Seed Potato Board
Southside Virginia Marketing Council
Specialized Transportation Council
State Air Pollution Control Board
State Board of Corrections
State Board of Elections
State Board of Health
State Board of Juvenile Justice
State Health Department, Sewage Handling and Disposal Appeal Review Board
State Library Board
State Mental Health, Mental Retardation and Substance Abuse Services Board
State Water Control Board
Substance Abuse Certification Board
Treasury Board, The, Department of the Treasury
Virginia Aviation Board
Virginia Board for Asbestos and Lead
Virginia Fire Services Board
Virginia Gas and Oil Board
Virginia Health Planning Board
Virginia Manufactured Housing Board
Virginia Parole Board
Virginia Public Broadcasting Board
Virginia Soil and Water Conservation Board
Virginia Voluntary Formulary Board
Virginia Volunteer Pension Fund Board
Virginia Waste Management Board
Waste Management Facility Operators, Board for.