CHAPTER 404

AN ACT to amend and reenact § 51-98 of the Code of 1950, so as
to provide that certain State employees under certain cir-
cumstances may continue in work despite certain disquali-

fying factors.
fH 619 ]

Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:
1. - Wan § 51-98 of the Code of 1950 be amended and reenacted
as follows:

§ 51-98 Service retirement on attaining seventy years of
age.—Any member who attains seventy years of age shall be
retired forthwith; provided that, upon the request of his em-
ployer in the case of a teacher, or the head of the department,
institution or agency by which he is employed, in the case of a
State employee, he may remain in service not longer than the
last day of the fiscal year during which he attains seventy
years of age, or if he is a State officer appointed by the Gov-
ernor he may, in the discretion of the Governor, be retained in
service during such period or periods for which he may be
appointed by the Governor. Notwithstanding the foregoing
provisions, however, until the conclusion of the war in which
the United States is now engaged, upon the request of his
employer, in the case of a teacher, or of the head of the depart-
ment, institution or agency by which he is employed, in the
case of a State employee, such member may remain in service
for such period or periods as may be determined by such em-
ployer or department, institution or agency head, with the
approval of the Board, if such member is mentally and physically
able to perform his duties efficiently, but, upon conclusion of
such war, any member so remaining in service shall be retired
not later than the end of the fiscal year in which occurs the con-
clusion of the war.

Any State employee seventy years of age or more who by
reason of long service and experience has become specially
fitted to perform the duties of his position, and who is physically
and mentally capable to perform such duties adequately, may
if he so desires, upon request of the head of the department, in-
stitution or agency by which he is employed, and upon the recom-
mendation of the Board of Trustees of the Virginia Retirement
System, be continued in service for such period or periods as is
determined by the head of such department, institution or
agency, but not more than two years after each such extension in
any event. The provisions of this paragraph shall not be effective
after July first, nineteen hundred fifty two.