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2011 SESSION

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11103703D
SENATE BILL NO. 1458 Offered January 21, 2011 A BILL for the relief of Richard Hitt. ---------- Patrons-- Houck and Stuart ---------- Referred to Committee on Finance ----------

Whereas, Richard Hitt served in the Fredericksburg Police Department for 16 years and was a member of the Virginia Retirement System as a result of such service; and

Whereas, Mr. Hitt purchased an additional four years of service for his military service; and

Whereas, at the time of purchase he was led to believe that the four years of service would be certified as Hazardous Duty service; and

Whereas, when Mr. Hitt retired he found out that his military service would not be certified as Hazardous Duty; and

Whereas, the Virginia Retirement System may have failed to make the Fredericksburg Police Department's Human Resource representative aware that Mr. Hitt's military service could not be certified as Hazardous Duty; and

Whereas, by the time the inaccurate advice was discovered, Mr. Hitt had already submitted his application to retire, the Fredericksburg Police Department had already hired and trained his replacement, and Mr. Hitt did not have a job to which he could return and remedy the situation and qualify for the hazardous duty retirement supplement described in subsection B of § 51.1-206; and

Whereas, Mr. Hitt has no other means to obtain adequate relief except by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1.  § 1. Upon execution of a release of all claims he may have against the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision in connection with the aforesaid occurrence, and notwithstanding any other provision of law, the Virginia Retirement System is authorized to pay to Mr. Hitt the allowance described in subsection B of § 51.1-206, effective with his retirement date of January 1, 2011.