HOUSE BILL NO. 1154 Offered January 9, 2008 Prefiled January 9, 2008 A BILL to amend and reenact § 51.1-303 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 51.1-142.4, relating to using sick leave balances for service credit. ---------- Patron-- Phillips ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. That § 51.1-303 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 51.1-142.4 as follows:

§ 51.1-142.4. Unused sick leave for retirement credit.

Any person (i) earning the benefits described under § 51.1-138 or any member of the Virginia Retirement System (§ 51.1-124.1 et seq.), State Police Officers’ Retirement System (§ 51.1-200 et seq.), or Virginia Law Officers’ Retirement System (§ 51.1-212 et seq.), (ii) who was never a participating employee as defined in § 51.1-1100, and (iii) who is not covered under a plan or program that provides payments during periods of short- or long-term disability to which his employer made contributions, shall, upon retiring from service (including deferred retirement) have his sick leave balances as of the effective date of retirement converted to service credit under the retirement system covering such person. Any unused sick leave shall be converted to service credit at the rate of one month of service for each 173 hours of unused sick leave, rounded to the next highest month. The additional service credit for persons described under this section retiring from service shall be in lieu of any other payment, compensation, or remuneration for unused sick leave, and the provisions of subsection D of § 51.1-142.2 shall not be applicable to such persons.

The actuarial cost for the conversion of sick leave balances to additional service credit as provided under this section shall be charged to the applicable employer and incorporated into the employer’s annual contribution determined pursuant to § 51.1-145.

§ 51.1-303. Creditable service.

A. For those members in service on December 31, 1994, service as a judge shall be multiplied by a factor of 3 1/2, the weighted years of service factor, to calculate years of creditable service. To calculate years of creditable service for those members appointed or elected to an original term commencing on or after January 1, 1995, service as a judge shall be multiplied by the weighted years of service factor of 2 1/2. For purposes of this section, "original term" means the first term for which the member was appointed or elected to a position covered by the Judicial Retirement System.

B. Service qualifying for credit under the provisions of the Virginia Retirement System, the State Police Officers' Retirement System, and the Virginia Law Officers' Retirement System shall be included as creditable service for the purposes of this chapter, provided the requirements of those systems for crediting service have been complied with. Service purchased in accordance with the provisions of § 51.1-142.2 or any creditable service pursuant to § 51.1-142.4 shall not be considered in determining the actuarial equivalent for early retirement nor shall it be considered twice in determining any disability allowance payable under this chapter.

C. If a member ceases to be a judge, has not received a refund of the accumulated contributions credited to his member's contribution account, and accepts employment in a position covered by the Virginia Retirement System, he shall be entitled to credit for his previous creditable service under this chapter. The amount of service transferred to the credit of the member in the Virginia Retirement System shall not exceed the amount of credit which would provide a benefit of 78 percent of average final compensation determined on the assumption that the member was eligible for normal retirement as of the date of transfer and that he had elected no optional allowance. Future retirement rights shall be as provided in the Virginia Retirement System.