CHAPTER 139

An Act to amend and reenact §§ 51-182, 51-184, 51-185, 51-186, 51-139,
51-140 and 51-141, of the Code of Virginia, relating to service and
disability retirement allowances of members of the State police and
to amend the Code of Virginia by adding sections numbered 51-186.1
and 51-186.2, providing certain death benefits for survivors of mem-
bers of the State police and how membership ceases. fH 8173

Approved March 4, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 51-132, 51-134, 51-1385, 51-136, 51-139, 51-140, and 51-141,
of the Code of Virginia be amended and reenacted and that the Code of
Virginia be amended by adding sections numbered 51-136.1 and 51-136.2,
the amended and new sections being as follows:

§ 51-1382. Until coverage of State Police Officers under the federal-
State Social Security Agreement is obtained any person who is or becomes
a State police officer on or after July one, nineteen hundred fifty-four, shall
contribute as a member of the system an amount equal * siz per centum
of his * creditable compensation. * Creditable compensation means the full
compensation payable to a State police officer working the full working
time * for his position. Upon being included under the Federal-State Social
Security Agreement, the contribution rate to the System shall be reduced
on the portion of his creditable compensation covered under such agree-
ment by the amount of the employee Social Security contribution rate
applicable on the date coverage is approved and such reduction in rate
shall be effective beginning with the effective date of coverage.

§ 51-134. (a) Any member in service who has attained the age of
* sixty years * and has twenty-five years of creditable service under this
chapter, * shall be forthwith retired under this chapter with a retirement
allowance determined as provided in § 51-135.

(6) If the member who has attained the age of * sixty years has not
at that time as much as twenty-five years creditable service, his member-
ship status under this chapter shall be continued and he shall remain in
employment until he has reached age sixty-five or has twenty-five years
of creditable service, whichever first occurs, and shall forthwith be retired
are el tse chapter with a retirement allowance determined as provided
in -135 *.

(c) Notwithstanding the provisions of paragraphs (a) and (b) above
the appointing authority may upon written notification to the Board apply
for retirement of any member who has attained age fifty-five or such
member, with the approval of the appointing authority, may so apply for
retirement and the member shall be forthwith retired under the Act with
an actuarially reduced retirement allowance as provided in § 51-185.

(d) If, within five years after ceasing to be employed as a State
police officer, provided he has not been paid his accumulated contributions,
the member accepts employment in a position in the State service not
covered by this chapter but covered under the Virginia Supplemental
Retirement Act, he shall be entitled to credit for his previous creditable
service under this chapter * upon transfer of his accumulated contribu-
tions * to the members contribution account in the Virginia Supplemental
Retirement * System. * Future retirement rights shall be as set forth in
such act except in determining the allowance under § 51-111.55 (c) of
such act the annual creditable compensation shall be the annual creditable
compensation on the effective date of last becoming a member of the Vir-
ginia Supplemental Retirement System and the period of membership to
be used shall be the service credited since June thirty, nineteen hundred
forty-two under this chapter.

§ 51-135. (a) Upon retirement under paragraphs (a) or (b) of
§ 51-134, a member shall receive * an annual retirement allowance which
shall * equal 1/50 of his average final compensation multiplied by the
number of years of his creditable service. In no event shall his retirement
allowance be more than one-half of his average final compensation.
Average final compensation means the average annual * creditable com-
pensation of a member during the last five years of creditable service or
* during the entire period of his creditable service if less than five years.

(b) Upon retirement under § 51-184 (c), a member shall receive an
annual retirement allowance in an amount which shall be determined in
the same manner as for retirement under paragraphs (a) or (b) of
§ 51-184 with years of creditable service and average final compensation
being determined as of the date of his actual retirement, and the amount
of the retirement allowance so determined being reduced on an actuarial
equivalent basis for the period that the actual retirement date precedes
age sixty.

(c) Upon attaining age sixty-five the retirement allowance provided
in subsections (a) and (b) of this section shall be reduced by the actual
primary Social Security benefit to which the member may become entitled
under the Federal Social Security Act in effect at his sixty-fifth birthday.

§ 51-136. (a) Any member * in service at any time before attaining
age sixty may be retired on account of disability not compensable under
the Virginia Workman’s Compensation Act as provided in the Virginia
Supplemental Retirement Act.

(b) Upon retirement as provided in paragraph (a) of this section a
member shall receive an annual retirement allowance payable monthly
during his lifetime and continued disability which shall consist in the
case o

(1) Any Allowance Payable Prior to the Member Attaining Age
Sixty: An amount equal to one and one-quarter per centum of his average
final compensation multiplied by the number of years of his creditable
service.

(2) Any Allowance Payable on and after the Member’s Attaining
Age Sixty: An amount equal to the service retirement allowance for
retirement age sixty determined on the assumption that the member's
creditable compensation on the date of disability retirement continued in
the same amount up to his attaining age sixty and on the assumption of
years of creditable service up to his attaining age sixty including in
creditable service the pertod of disability retirement prior to age sixty.

(8) Any Allowance Payable on and after the Member's Attaining
Age Sixty-five: An amount equal to the service retirement allowance
for retirement age sixty reduced by the actual primary Social Security
benefit to which the member may become entitled under the Federal
Social Security Act in effect at his sixty-fifth birthday.

(c) Any member in service may at any time before attaining age
sixty, retire on account of total disability for duty compensable under
the Virginia Workmen’s Compensation Act upon written notification to
the Board, made by the member or his appointing authority setting forth
at what time the retirement is to become effective; provided that such
effective date shall be after the last day of service and after the date the
award of compensation under that Act becomes final but shall not be
more than ninety days prior to the date of such notification.

(d) Upon the retirement as provided in paragraph (c) of this
section a member. shall receive an annual retirement allowance payable
monthly during his lifetime and continued disability which shall consist
of two-thirds of his average final compensation; provided, however, that
the amount of any retirement allowance payable after the member's
sixty-fifth birthday shall be reduced by the amount of any primary Social
Security benefit to which the member may become entitled under the
Federal Social Security Act in effect at his sixty-fifth birthday. The
weekly compensation finally awarded to such member under the Virginia
Workman’s Compensation Act shall be deducted from such allowance, and
the excess of the allowance, if any, shall be paid to such member. When
the time for which payments of the compensation finally awarded under
such Act has elapsed,the member shall thereafter receive the full amount
of such allowance payable monthly during his lifetime and continued
disability.

§ 51-136.1. If a member hereafter dies in service at any time before
retirement from a cause compensable under the Virginia Workman’s
Compensation Act, there shall be paid, an anuual allowance payable
monthly to the widow of such member during her widowhood, if he
leaves a widow, equal to one-half of the member’s average final com-
pensation. If he leaves no widow or the widow dies or remarries then
such child or children, if any, of the deceased member, under the age of
eighteen years shall be paid such allowance until such child or children
die or attain the age of eighteen years, whichever shall first occur. If
more than one child survives the deceased member, the allowance shall
be divided among them in such manner as the Board may determine. If
the deceased member leaves neither widow nor child or children under
the age of eighteen years, then such allowance shall be paid to his parent
or parents wholly dependent upon him for support, divided in such
manner as the Board may determine, during the life or lives of such
parent or parents; provided. however, the amount of any allowance pay-
able under this paragraph shall be reduced by the amount of any Social
Security benefits arising from coverage of the member under the Federal
Social Security Act to which any such widow, child or parent may become
entitled under the Federal Social Security Act in effect at the member’s
death. The compensation finally awarded under the Virginia Workman’s
Compensation Act for the death of such member shall be deducted from
the benefit provided for in this section, and the excess of the benefit, if
any, shall be paid to the person or persons herein specified. When the
time for which payment of the compensation finally awarded under that
act has elapsed, such person or persons shall thereafter receive the full
amount of the benefit payable subject to the reduction of the Federal
Social Security Act benefit, if any.

§ 51-1386.2. The membership of any person in the system shall
cease (a) if he ceases to be an employee for a period of five years or tf
in any ten-year period after he last becomes a member he renders less
than five years of service, or (b) upon the withdrawal of his accumulated
contributions or (c) upon death.

51-139. The member’s contributions provided for herein shall be
deducted and paid as provided by the Virginia Supplemental Retirement

§ 51-140. The provisions of this chapter shall be administered by
the Board of Trustees of the Virginia Supplemental Retirement System.
Except as otherwise provided in this chapter the provisions of the
Virginia Supplemental Retirement Act *, are applicable and_ shall apply
to and govern the operation of the retirement system established hereby.

§ 51-141. The Board of Trustees of the Virginia Supplemental
Retirement System shall cause all moneys contributed pursuant to the
provisions of this chapter to be kept, for all intents and purposes, in
separate funds from those contributed * under the Virginia Supplemental
Retirement Act.

2. The employee contributions herein provided for are hereby appro-
priated to the Board of Trustees of the Virginia Supplemental Retire-
ment System.

8. This act shall be in force on and after July one, nineteen hundred
fifty-four.