CHAPTER 562

An Act to amend and reenact §§ 51-184, 51-185 and 51-186, as amended,
of the Code of Virginia, relating to the retirement and retirement
allowances of State Police Officers. [H 43]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia: .
1, That §§ 51-134, 51-135 and 51-136, as amended, of the Code of Vir-
ginia be amended and reenacted as follows:

_ _ § 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.

(b) 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 aged sixty-five or has twenty-five years
of creditable service, or meets the requirements under § 51-186 except
for having already attained the age of sixty years, whichever first occurs,
and shall forthwith be retired under this chapter with a retirement allow-
ance determined as provided in § 51-135.

(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
. act with an actuarially reduced retirement allowance as provided in

1-185.

(d) If within five years after ceasing to be employed as a State
police officer, provided he has not been paid his accumulated contribu-
tions, 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 contributions
to the members’ contribution account in the Virginia Supplemental Re-
tirement 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 com-
pensation on the effective date of last becoming a member of the Virginia
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.

§ 51-1385. (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 num-
ber of years of his creditable service. In no event shall his retirement
allowance be more than one-half of his average final compensation. Aver-
age final compensation means the average annual creditable compensation
of a member during * his five highest consecutive years of creditable
service, or during the entire period of his creditable service if less than
five years.

(b) Upon retirement under § 51-134 (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
§ 51-134 with years of creditable service and average final compensation
CH. 562] ACTS OF ASSEMBLY 925

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 sections (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 Workmen’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 of:

(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 retire-
ment age sixty determined on the assumption that the member’s credit-
able 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 period of disability retirement prior to age sixty.

(3) Any allowance payable on and after the member’s attaining age
sixty-five: An amount equal to the service retirement allowance for re-
tirement 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 occurring after July
one, nineteen hundred fifty-four, and 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 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
Workmen’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.