CHAPTER 75

AN ACT to amend and reenact §§ 51-47 and 51-48 of the Code of
1950 relating, respectively, to election not to be included
in membership of Virginia Retirement System and em-
ployees of institutions of higher education.

{ H 29 ]

Approved February 28, 1950

Be it enacted by the General Assembly of Virginia:
1. That §§ 51-47 and 51-48 of the Code of 1950 be amended
and reenacted as follows:

§ 51-47. Election not to be included in membership.—Any
person who was an employee upon July first, nineteen hundred
and forty-two, and any person who was a teacher at any time
during the school year immediately preceding such date, within
the period of one hundred and fifty days next succeeding such
date and any person on leave from service at the time of such
date, within one hundred and fifty days next succeeding the ter-
mination of such leave, may file with the Board, on forms pre-
scribed by it, a notice of his election not to be included in the
membership of the retirement system and a waiver of all present
and prospective benefits which would inure to him as a member,
and in such case the Board shall exclude him from membership.
Any employee so excluded, however, may thereafter become a
member by making application for membership to the Board, in
which case he shall be included in the membership, but no such
employee shall receive prior service credit unless he makes his
application for membership within one hundred and fifty days
after such date, or unless, in the case of a person on leave from
service on such date, he makes his application for membership
within one hundred and fifty days after the termination of such
leave; provided, however, the status of persons who were in the
armed forces of the United States on July first, nineteen hundred
forty-two, shall be as declared by § 51-50. *

§ 51-48. Employees of institutions of higher education.—
Any institution of higher education which, at the time of the
establishment of the retirement system, has established, or which
may thereafter establish, a retirement plan or arrangement COV-
ering in whole or in part its employees engaged in the perform-
ance of teaching, administrative or research duties, is hereby
authorized to make contributions for the benefit of its employees
who elect to continue or be under such plan or arrangement and
elect to participate in such plan or arrangement rather than in
the retirement system established by this chapter. Any present
or future employee of such institution shall have the option of
electing to participate in either the retirement system established
by this chapter or the plan or arrangement provided by the in-
stitution employing him. The election herein provided shall, as
to any present employee, be exercised not later than September
thirtieth, nineteen hundred fifty. The election herein provided
shall, as to any future employee, be exercised not later than
nanety days from the time of entry upon the performance of his
uties.
2 An emergency exists and this act is in force from its
passage.