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1999 SESSION


CHAPTER 860
An Act to amend and reenact §§ 2.1-1.6 and 9-6.25:2 of the Code of Virginia and to amend the Code of Virginia by adding in Title 51.1 a chapter numbered 12, consisting of sections numbered 51.1-1200 through 51.1-1211, relating to the creation of the Virginia Volunteer Firefighters’ and Rescue Squad Workers’ Pension Fund; penalty.
[H 1735]
Approved March 29, 1999

Be 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 51.1 a chapter numbered 12, consisting of sections numbered 51.1-1200 through 51.1-1211, 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, Certified Interior Designers and Landscape Architects, 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

Cemetery Board

Certified Seed Board, State

Charity Food Assistance Advisory Board

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 Broadcasting Board, Virginia

Public Buildings Board, Virginia

Public Guardian and Conservator Advisory Board

Radiation Advisory Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Recreation Specialists, Board of

Recreational Fishing Advisory Board, Virginia

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

Visually Handicapped, Virginia Board for the

Voluntary Formulary Board, Virginia

Volunteer Firefighters’ and Rescue Squad Workers’ Pension Fund Board

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.

§ 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, Certified Interior Designers 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 Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals

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 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

Cemetery Board

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

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 Waste Management Board

Volunteer Firefighters’ and Rescue Squad Workers’ Pension Fund Board

Waste Management Facility Operators, Board for.

CHAPTER 12.
VOLUNTEER FIREFIGHTERS’ AND RESCUE SQUAD WORKERS’ PENSION FUND.

§ 51.1-1200. Fund established; administration and management; Volunteer Firefighters’ and Rescue Squad Workers’ Pension Fund Board.

There is hereby created a fund to be known and designated as the “Volunteer Firefighters’ and Rescue Squad Workers’ Pension Fund” (the Fund). The Fund is established to provide pension allowances to eligible volunteer firefighters and rescue squad workers who elect to become members of the Fund. The Volunteer Firefighters’ and Rescue Squad Workers’ Pension Fund Board (the Board) shall utilize the assistance of the Virginia Retirement System in establishing, investing, and maintaining the Fund. The Board of Trustees of the Virginia Retirement System shall administer and manage the investment of the Fund as custodian and provide staff to further carry out the provisions of this chapter. The Virginia Retirement System shall invest the Funds in accordance with Article 3.1 (§ 51.1-124.30 et seq.) of Chapter 1 of this title. The Fund shall annually reimburse the Virginia Retirement System for all costs incurred and associated, directly and indirectly, with the administration of this chapter and management and investment of the Fund.

§ 51.1-1201. Volunteer Firefighters’ and Rescue Squad Workers’ Pension Fund Board.

A. The Volunteer Firefighters’ and Rescue Squad Workers’ Pension Fund Board is hereby created and is to be composed of seven members. The Director of the Virginia Retirement System shall be a member and act as chairman and the remaining six members shall be appointed by the Governor. The Governor shall appoint three members of the Board from a list provided by the Fire Services Board and three members from a list provided by the State Emergency Medical Services Advisory Board. Such appointees shall be confirmed by the General Assembly. Two of the appointed members shall serve for initial terms of six years, two for initial terms of four years, and two for initial terms of two years; thereafter, the terms shall be six years. No Board member other than the chairman shall serve more than two full consecutive terms.

B. The Director of the Virginia Retirement System with the consent of the Board shall immediately declare the office of any member of the 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, subject to confirmation by the General Assembly, 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 representative or (ii) volunteer rescue squad representative if his predecessor was a volunteer rescue squad representative.

C. The members of the Board shall serve without compensation; however, the nongovernmental members may be reimbursed for their reasonable expenses incurred in attending meetings of the Board or in acting in an official capacity for the Board.

D. The first Board appointed shall meet as soon as practicable for the purpose of organizing and electing officers. Officers other than the chairman shall be elected for one-year terms. The Board shall adopt a general statement of policy and procedures. The 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 Board. No meeting shall be deemed a regular or special meeting unless a quorum is present.

E. Members of the Board shall be subject to removal from office only as set forth in Article 7 (§ 24.2-230 et seq.) of Chapter 2 of Title 24.2. The Circuit Court of the City of Richmond shall have exclusive jurisdiction over such removal proceedings.

§ 51.1-1202. Powers and duties of the Board.

The Board shall promulgate such rules and policies as are necessary to carry out its responsibilities as required by this chapter. The Board may contract the administrative services related to the benefits provided for herein and designate authority for the administration of those benefits based on the standards set forth in § 51.1-124.30. The Board or its designee shall (i) request such general fund appropriations as necessary to maintain the Fund, (ii) make determinations of eligibility for membership in the Fund, (iii) approve applications for benefits paid from the Fund, and (iv) exercise all other powers necessary for the administration of this chapter and management of the Fund. Member contributions to the Fund shall be segregated into separate member accounts and be used only to pay benefits to its members. The Board shall adopt rules and policies that bring the Fund into compliance with any applicable law or regulation of this Commonwealth or the United States.

§ 51.1-1203. Definitions.

“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.

§ 51.1-1204. Application for membership in Fund; quarterly 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 to the Board for membership in the Fund. Upon becoming a member of the Fund, each eligible volunteer shall pay thirty dollars per quarter into the Fund. Each quarterly payment made by a member shall be supplemented by such contribution from the general fund of the state treasury for a period not to exceed twenty years as shall be determined by the Board and as may be appropriated by the general appropriation act. The quarterly payments shall be credited to the separate accounts of the members, and the matching contributions shall be credited to the Fund. The member contribution or any additional contribution to the Fund may be made by the individual fire department or rescue squad, local government or any other source provided it is paid for all eligible members. Such accounts shall be kept so that they are available for payment on withdrawal from membership or retirement. No eligible volunteer shall maintain more than one membership in the Fund. In the event an eligible volunteer is in more than one eligible position, he must choose the position upon which his membership will be determined.

§ 51.1-1205. Equivalent benefit.

Any member who has attained the age of sixty and who has served twenty years 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 the earnings on such contributions. The Board may provide alternative methods of distribution in lieu of a lump sum distribution to members entitled to a benefit under this section.

The distributions provided shall be in addition to all other pensions or 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:

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 the monthly retirement pension and who was enrolled as a member of the Fund, an amount equal to the amount paid into the Fund by him plus accrued interest thereon. This provision 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.

2. If an eligible volunteer firefighter or eligible volunteer rescue squad worker 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 Board; or to his estate, if it is administered and there are no heirs, an amount equal to the amount paid into the Fund by the volunteer and the accrued interest on that amount.

3. To any firefighter or rescue squad worker withdrawing from the Fund, upon proper application, all moneys he contributed to the 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 Fund or 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 may purchase up to five years of such service upon certification of his fire department or rescue squad. Such purchase shall be prorated at the rate of one month for every two months of eligible service. The cost of such service shall be ten dollars per month for every month purchased. All eligible service must be purchased within 180 days of the effective date of this provision. 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.

§ 51.1-1208. Length of service not affected by serving in more than one department or squad; transfer from one department or squad to another.

An eligible volunteer firefighter’s or eligible volunteer rescue squad worker’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 Board.

§ 51.1-1209. Effect of member not maintaining eligibility and being six months delinquent in making monthly payments.

A. Any member who does not maintain his eligibility as a member and who becomes six months delinquent in making the required quarterly payments by the date as determined by the Board, shall forfeit his membership in the Fund. Upon forfeiting his membership and becoming delinquent, such membership shall be reinstated only upon written request to the Board, and such reinstatement shall be at the sole discretion of the Board.

B. Any member who ceases to maintain his eligibility while in good standing, but notifies the Board of his intention to resume eligibility shall be reinstated upon written request to the Board.

§ 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.

§ 51.1-1211. Falsification of records; penalty.

Any person who knowingly makes any false statement or falsifies or permits the falsification of any record related to eligibility for membership in the Fund in any attempt to defraud the Fund shall be guilty of a Class 1 misdemeanor.

2. That the provisions of this act shall be effective on the last to occur of (i) July 1, 2000, or (ii) the first day of the third month following the date that the Virginia Retirement System obtains a ruling of the Internal Revenue Service that affirmatively states that the defined contribution plan established by this act shall be treated as a qualified plan for federal income tax purposes.