CHAPTER 147

An Act to amend and reenact § 51-111.54, as amended, of the Code of
Virginia, relating to service retirement upon attaining seventy years
of age; persons qualified; provisions for retention as consultant;
compensation.
Be it enacted by the General Assembly of Virginia:

1. That § 51-111.54, as amended, of the Code of Virginia be amended
and reenacted as follows:

§ 51-111.54. Any member who is a State employee or a teacher,
both as defined in § 51-111.10, and 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; and provided further that
this section shall not apply to (a) any member who is appointed by the
Governor or to any member appointed by the Attorney General as an
assistant Attorney General or as a member of the Division of Motion
Picture Censorship; or, any member who is a physician employed by the
Department of Mental Hygiene and Hospitals, if his retention in service
is approved by the Commissioner of Mental Hygiene and Hospitals, (b)
any member who is the clerk or deputy clerk of a court, (c) any member
who attained seventy years of age prior to the establishment of the
Virginia Retirement System on July one, nineteen hundred forty-two, and
(d) any teacher who attained the age of seventy years prior to June 27,
1958. Notwithstanding the foregoing provisions, the Governor may, in
his discretion, in the case of a member appointed by him who has at-
tained the age of seventy years, retain such member in service as a con-
sultant if in the opinion of the Governor such member has by reason of
long service and experience become specially fitted to perform duties es-
sential to the administration of the affairs of the State. The salary of
any such consultant shall be fixed by the Governor.

Any member who otherwise would be retired under the provisions
of the foregoing paragraph and who by reason of long service and ex-
perience has become specially fitted to perform the duties of his position,
and who is physically and mentally capable to perform such duties ade-
quately, may if he so desires, upon request of the head of the department,
institution or agency by which he is employed, and upon recommendation
of the Board, be continued in service for such period or periods as is
determined by the head of such department, institution or agency, but
not longer than July one, nineteen hundred fifty-nine, in any event.