Chap. 282.—An ACT to provide for Police and Firemen’s pensions and benefits
in certain counties. [S B 251]

Approved March 26, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. Each county in this State having a population in
excess of thirty-five thousand inhabitants and adjoining two cities Iving
wholly within this State each having a population in excess of fifty
thousand inhabitants, all according to the last preceding United States
census and employing full-time paid police officers and full-time paid fire-
men, shall have the authority to create and establish, in the manner here-
inafter provided, a board to be known as the “Pension and Retirement
Board” of such “county” and any such board when so created shall be a
body corporate and shall consist of five members. The county treasurer
shall by virtue of his office be a member of the board and shall be treas-
urer thereof. The other four members shall be residents of such county,
shall hold membership thereon for terms of four years and shall be se-
lected as follows: one member to be elected by the majority vote of the
paid police officers of the county, one member by the majority vote of the
paid firemen of the county and two members by the majority vote of the
governing body of such county.

When any such board shall be so created and constituted it shall
at its first meeting, and annually thereafter, elect one of its members as
president, and one as vice-president and one as secretary.

The terms of office of the members, first elected, shall begin on the
thirtieth day after the date on which the governing body of such county
shall pass the resolution of approval as provided in section twelve hereof.

Section 2. The general powers, authority and duties of such board
shall be as follows:

(1) To adopt by-laws, rules and regulations lawful to be made
which it deems necessary for the proper conduct of its affairs, including
the fixing of physical requirements and standards for such policemen
and firemen;

(2). To conduct hearings, make investigations and determine the
amount of awards or pensions or retirement benefits to be paid here-
under ;

(3) To provide for such clerical, medical and other services as it
deems necessary in the conduct of its duties and provide for the payment
of suitable compensation for such services. Such legal advice or aid as is
necessary shall be rendered by the attorney for the Commonwealth of the
county ;

(4) To provide for and require deductions from the salaries of ac-
tive paid police officers and firemen and to cause the amounts deducted
to be paid into its treasury for its use in carrying out the purposes of this
act ;

(5) To draw warrants signed in its name and countersigned by its
president or vice-president and secretary on its treasurer for the payment
of pensions, retirement and benefits hereunder and the costs of adminis-
tration hereof.

Section 3. The treasurer of the board shall be the custodian of all
of its funds and securities and shall give bond, payable to the board, in
such amount and with such surety as the board requires, conditioned for
the faithful performance of his duties and the proper accounting of all
funds and securities coming into his hands, the cost of the bond to be paid
out of the funds of the board. He shall deposit all monies in the name
of the board and disburse the same only on warrants signed and counter-
signed as aforesaid.

Section 4. Should any police officer or firemen die as a result of
injuries or disease incurred in the discharge of his official duties there
shall be paid to any beneficiary designated by him in writing with the
board the sum of five thousand dollars and if no beneficiary be designated
by him or if the designated beneficiary predeceased him such sum shall
be paid to his estate. The board shall have the right to make provision for
carrying the liability under this section in some reliable insurance com-
pany and to pay the necessary premiums out of any funds under its con-
trol.

Section 5. Any paid police officer who has completed twenty-five
years of service as a paid police officer or deputy sheriff of such county
and who has attained the age of fifty-five years, or who has completed
twenty years of such service and has attained the age of sixty years,
and any paid fireman of such county who has completed twenty-five years
service as such paid fireman and who has attained the age of fifty-five
years, or who has completed twenty years of such service and has attained
the age of sixty years, shall be eligible to retirement and to receive the
pension and benefits herein specified. In making allowances under this
section the time of continuous service as a paid police officer or deputy
sheriff or as a paid fireman of the county, immediately preceding the ef-
fective date of this act shall be placed to his credit on his service record
for the purposes of this act ; and provided further that any such police of-
ficer or fireman who resigned his position to enter the military or naval
service during World War II and returns to his duties within six months
after his discharge shall receive credit on his service record for the time
spent in the military or naval service. After retirement such police officer
or paid fireman shall receive a pension hereunder to be arrived at as fol-
lows: (1) The average annual salary he has earned during the five years
of his service for which he has received the highest pay shall first be as-
certained.

(2) Such average annual salary shall be divided by one hundred
and the result multiplied by the number of years on his service record
prior to the effective date of this act;

(3) Such average annual salary shall then be divided by fifty and
the result multiplied by the number of years on his service record after
the effective date of this act;

(4) The amounts arrived at under subdivisions (2) and (3) shall
be added together and the total shall be his annual pension and shall be
paid him in monthly installments. Provided, however, that the amount
to be paid monthly to anyone receiving a pension hereunder shall be not
less than the following:

For retirement at end of 20 years service...................222- $60.00
lor retirement at end of 21 years service................000..... 64.00
For retirement at end of 22 years service............0.....0002. 68.00
For retirement at end of 23 years service...............000000- 72.00
For retirement at end of 24 years service........000.......0..0. 76.00
For retirement at end of 25 years service..............0.0..20.-. 80.00

Section 6. Should any such paid police officer or paid fireman be-
come disabled from causes not originating in the performance of his of-
ficial duties so as to incapacitate him for the performance of duty he shall
receive a minimum sum equal to ten per centum of his salary during such
disability if he becomes a disability beneficiary at any time during his
first five years of service and an additional amount equal to two per cent
of his salary for each additional year of service over five years but at no
time shall such amount exceed one-half of his salary.

Section 7. If any such paid police officer or paid fireman becomes so
permanently disabled through injury received or disease contracted in
the line of duty as to incapacitate him for the performance of duty he shall
receive a pension and benefits during the disability and until such time
as he would have become eligible for retirement a sum not less than
sixty-six and two-thirds of the salary he would have received had he re-
mained uninjured and continued in the performance of his duties. Upon
reaching the retirement age he shall be retired on the age and service
pension provided above.

Section 8. (a) Prior to retirement.—Should any such paid police
oficer or paid fireman die while in active service or be separated from
the service before becoming eligible for pension or retirement the princi-
pal sum of his salary deductions shall be paid to any beneficiary desig-
nated by him and if no such beneficiary is designated such deductions
shall be paid to his personal representative.

(b) After retirement—Upon the death of a member after his re-
tirement under the plan, any excess of the amount which would have
been payable under (a) of this section if death had occurred just prior to
his retirement, over the aggregate sum of any retirement benefits paid
to him before his death, shall be paid to the member’s designated bene-
iciary or estate.

Section 9. All police officers and firemen shall be retired at the age
of sixty years, provided that on the written recommendation of the judge
of the circuit court of the county the board may grant extensions of such
age limit in individual cases.

Section 10. For the purpose of raising funds for the payment of
such pensions and benefits and the costs and expenses of administering
the affairs of the board there shall be levied monthly and deducted from
the salaries of such paid police officers and paid firemen three and one-
nalf per cent of the amount of their salaries and all such amounts so
levied and deducted shall be paid into the treasury of the board. The
s0ard shall have the right to receive contributions into its treasury and
disburse the same under this act.

In addition to the deductions aforesaid and as a supplement thereto
he governing body of the county shall have the power to make provision
n the county levy, for the adequate and proper financing of the pensions,
‘etirements and benefits under this act, the same to be paid into the treas-
iry of the Police and Firemen’s Pension and Retirement Board in an-
ual installments and to be disbursed as hereinbefore provided.

Section 11. Any and all cash assets and funds on hand at any time
1ot necessary for immediate payment of pensions or benefits hereunder
nay be invested in bonds of the United States, of the State of Virginia,
or of any political subdivision thereof, or invested in bonds and negotiable
10tes directly secured by first lien on improved real estate or farm prop-
‘rty in Virginia, the amount of all outstanding bonds or notes so se-
cured not to exceed sixty per centum of the fair appraised value of the
real estate and any improvements thereon at the time of making the in-
vestments as ascertained by any appraisal thereof made by two competent,
reputable and disinterested persons.

Any and all funds raised by any board created under this act for
the payment of pensions and benefits shall be paid over to the treasurer
of the board and deposited by him to its credit and paid out by him as
hereinbefore provided.

Section 12. At any time after the effective date of this act any
such county may come under the provisions of this act and establish
such a pension and retirement board if and when the governing body of
the county so orders by a resolution approved by a majority of all mem-
bers by a record yea and nay vote. Upon the adoption of such a reso-
lution a pension and retirement board shall be constituted and organized
as hereinbefore provided, and when so constituted and organized shall be
vested with all the power and authority and charged with all the duties
herein prescribed.

Section 13. An appeal of right from the action of the board on any
matter in which the board is given discretionary power shall lie to the
circuit court of the county within whose jurisdiction the board is. Such
appeal shall be by petition filed with the court and a copy thereof served
on the board within thirty days from the time the action is taken and
shall be forthwith docketed and heard by the judge of the court without
the intervention of a jury.

Section 14. Wherever the word board is used herein without fur-
ther designation it shall be taken to mean the Pension and Retirement
Board.

Section 15. Benefits provided in this act shall be in addition to any
other benefits to which any beneficiary hereunder is entitled from any
other source.

2. An emergency exists, and this act is in force from its passage.