HB140: State Police Officers Retirement System (SPORS); mandatory retirement requirement exemptions.
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.