An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1966 |
---|---|
Law Number | 174 |
Subjects |
Law Body
CHAPTER 174
An Act to amend and reenact §§ 51-111.10, 51-111.41, §1-111.41:1, 51-
111.48, 51-111.45, 51-111.46, §1-111.47, 51-111.49, 51-111.58, 61-111.55,
§1-111.56, 61-111.57, 51-111.58:1, 51-111.60, 51-111.62, 51-111.67:4,
§1-111 67: 6, 51-111 67: 6, 51-111. 70:1 and 51-114.2, as severally
amended, o f the Code o f Virginia, relating to the Virginia Supple-
_ mental Retirement System and to group life tnsurance for certain
employees.
[S 80]
Approved March 29, 1966
Be it enacted by the General Assembly of Virginia:
1. That §§ 51-111.10, 51-111.41, 51-111.41:1, 51-111.48, 51-111.45, 51-
111.46, 51-111.47, 51- 111 49, 51- 111. 53, 51- 111. 55, 51- 111 .56, 61-111. 57,
51-111.58 71, 51- 111 .60, 51- 111. 62, 61-111.67 °4, 51-111.67 5, 51-111.67 6,
61-111.70:1 and 51-114. 2, as severally amended, of the Code of Virginia,
be amended and reenacted as follows:
§ 51-111.10. As used in this chapter unless a different meaning is
plainly required by the context:
(1) “Retirement system” means the Virginia Supplemental Retire-
ment System provided for in § 51-111.11;
(2) “Board” means the board of trustees as provided by § 51-111.17;
(3) “Medical Doard’” means the board of physicians as provided D
§ 51-111.26;
(4) ‘Teacher’ means any person who is regularly employed on :;
salary basis as a professional or clerical employee of a county, city o
other local public school board or of a corporation participating in th
retirement system as provided by Article 4.1;
(5) “State employee” means any person who is regularly employe
full time, on a salary basis, whose tenure is not restricted as to tem
porary or provisional appointment, in the service of, and whose compensa
tion is payable, not oftener than semimonthly, in whole or in part, by th
Commonwealth or any department, institution or agency thereof, excep
(a) an officer elected by popular vote or, with the exception of the Audito:
of Public Accounts and the Director of the Division of Statutory Re
search and Drafting, by the General Assembly or either House thereof
(b) a judge of a county court, county or city treasurer, commissioner 0
the revenue, Commonwealth’s attorney, clerk, sheriff, sergeant or con
stable and, with the exception of employees of county courts, a deputy
or employee of any such officer, * (c) any employee of a political sub
division of the Commonwealth, and (d) a State police officer of th
Department of State Police;
(6) “Employee” means any teacher, State employee, officer or em
ployee of a locality participating in the retirement system as provider
in Article 4, or any employee of a corporation participating in the retire
ment system as provided in Article 4.1 or any civilian employee of the
Army or Air National Guard participating in the retirement system a:
provided in Article 4.2;
(7) “Employer” means Commonwealth, in the case of a State em
ployee, the local public school board in the case of a public school teacher
or the locality, or corporation or Army or Air National Guard participa:
ting in the retirement system as provided in Articles 4, 4.1 and 4.2;
(8) “Member” means any person included in the membership o:
the retirement system as provided in this chapter;
(9) “Service” means service as an employee;
(10) “Prior Service” means service as an employee rendered prio}
to the date of establishment of the retirement system for which credit is
allowable under §§ 51-111.39 to 51-111.41:1, 51-111.63 and 51-111.64 or
service as an employee for such periods as provided in §§ 51-111.82 and
§1-111.38:11;
(11) “Membership service’ means service as an employee renderec
while a contributing member of the retirement system except as provided
in §§ 51-111.41:1, 51-111.45, 51-111.57, 51-111.68 and 51-111.64;
(12) “Creditable service” means prior service plus membership serv-
ice for which credit is allowable under this chapter;
(13) “Beneficiary” means any person entitled to receive benefits under
this chapter;
(14) “Accumulated contributions” means the sum of all amounts
deducted from the compensation of a member and credited to his individual
account in the members’ contribution account, together with interest
credited on such amounts and also any other amounts he shall have con-
tributed or transferred thereto including interest credited thereon as
provided in §§ 51-111.41:1, and 51-111.49:
(15) “Creditable compensation” means the full compensation pay-
able to an employee working the full working time for his covered position
which is In excess of twelve hundred dollars per annum; *in cases where
compensation includes maintenance or other perquisites, the Board shall
fix the value of that part of the compensation not paid in money:
of creditable service or during the entire period of his creditable service
if less than five years ; *
(17) “Retirement allowance” means the retirement payments to
which a member is entitled as provided in this chapter ;
(18) ‘Actuarial equivalent” means a benefit of equal value when
computed upon the basis of such actuarial tables as are adopted by the
( 19 ) “Normal retirement date” means a member’s sixty-fifth birth-
and
(20) “Abolished system” means the Virginia Retirement Act, §§ 51-
80 to 51-111, repealed by Chapter 1 of the Acts of Assembly of 1952 as of
February one, nineteen hundred fifty-two.
§ 51-111.41. Subject to the above restrictions and to such other rules
and regulations as are prescribed by the Board, the Board shall ascertain.
as soon as practicable after such statement is filed, the amount of prior
service, if any, to which each member is entitled. The Board shall issue
prior service certificates, covering all creditable service in the abolished
system, to all members who were members of the abolished system pro-
vided such members transfer their accumulated contributions in the abol-
ished system to the retirement system by February one, nineteen hun-
dred fifty-three, except that: (i) any such member on leave of absence
from service on March one, nineteen hundred fifty-two (ii) any such mem-
ber not in service and not on leave from service on such date and, in either
case, not transferring their accumulated contributions in the abolished sys-
tem, to the retirement system, nor, in either case, being refunded accumu-
lated contributions in the abolished system by February one, nineteen hun-
dred fifty-three, may within one year after re-entry into service, transfer
their accumulated contributions in the abolished system to the retirement
system provided, in the case of a member not in service and not on leave
from service, or of a former member who has been retired, re-entry into
service is or was within twenty years after date of last being in service. In
any case in which a member who was a member of the abolished system is
in service on March one, nineteen hundred fifty-two, and has service as a
State employee or teacher prior to July one, nineteen hundred forty-two,
with which such member has not been credited, the Board shall issue a prior
service certificate covering such service if since first becoming a member of
such abolished system the member has not withdrawn his accumulated
contributions thereto. ,
§ 51-111.41:1. (a) Any member * may be credited with prior
and/or membership service which might otherwise * have been credited,
except for one or more of the following:
(1) rejection of membership in the abolished system under § 51-
47 or the retirement system under § 51-111.82;
(tt) cessation of membership under § 51-49 of the abolished system
and/or under § 51-111.29 of this chapter because of the withdrawal of his
accumulated contributions * under § 51-109 of the abolished system or
under § 51-111.58 of this chapter; or
(ti) withdrawal of his accumulated contributions under § 51-111.68
of the Code of Virginia;
provided such member pays, prior to October one, nineteen hundred
sixty-seven, while in service or within ninety days after termination
of service, an amount equal to the contributions that he would
have made during the entire period to be credited (exclusive of any such
period prior to June thirty, nineteen hundred and forty-two and ex-
clusive of any period subsequent to June thirty, nineteen hundred forty-
two during which the member was in the armed forces of the United
States) on the assumption that the member contribution rate specified in
day
CH. 174] ACTS OF ASSEMBLY 307
§ 51-111.46(a) as of the date of payment had been in effect during the
entire such period and that his creditable compensation as of the date of
payment (or as of the last date in service, if the member is not in service
at date of payment) had been received during the entire such period,
together with interest thereon at the rate of * two percent per annum
compounded annually from the * end of each respective fiscal year to
which the contribution applies to the first day of the month during which *
payment is made. Such interest payment, and the amount * of contribu-
tions paid, shall be credited to the account of the member in the members’
contribution account.
(b) In order for the additional service provided for in * subsec-
tion (a) * of this section to be considered in the computation of any
retirement allowance payable in the event of a member’s retirement under
§51-111.56, the member shall have submitted at the time payment or
repayment is made, a medical report satisfactory to the Medical Board
showing that the member was at such time of sound mind and body.
* (c) An administrative charge of five dollars shall be paid by the
member to the retirement system when requesting a cost estimate of the
amount of * any payment * required under subsection (a) * of this section.
* (d) Any State employee or teacher member of the retirement system
in service or within ninety days after termination of service with full
time salaried service as a State employee, or a teacher, prior to July one,
nineteen hundred forty-two, and heretofore not credited therewith, shall,
upon application, be credited with such prior service, provided, since
becoming a member of the retirement system, five or more years of mem-
bership service has been credited such member, and, provided, further,
that 1f the member’s contributions were * withdrawn under § 51-111.68 of
the Code of Virginia, * § 51-109 of the abolished system, or § 51-111.58 of
this chapter, * credit for all of the member’s service since July one, nineteen
hundred forty-two has been established or re-established as provided in
subsection (a) of this section.
_ (e) Any member granted a leave of absence subsequent to June
thirty, nineteen hundred sixty-six for educational purposes may receive
credit for up to one year of service during any period or periods of such
leave on the purchase basis set forth in subsection (a) of this section.
_. (f) Any State employee member elected to a covered position by a
joint vote of the two Houses of the General Assembly of Virginia and
which position was for a period excluded under the abolished system, may
be credited with service during such period by paying the member con-
tributions which would have been payable, except for the exclusion.
(g) Any clerk of a county court who is a member of the retirement
system, or any member of the retirement system who since July one,
nineteen hundred sixty, has been a State employee member and who has
not withdrawn, since becoming a member of the retirement system or the
abolished system, his accumulated contributions may, if in service, be
credited with full time service as a clerk of a county court prior to July
one, nineteen hundred sixty; provided, that such credit for the period be-
tween July one, nineteen hundred fifty-nine, and July one, nineteen hun-
dred sixty, shall be allowed a member only if he pays, prior to July one,
nineteen hundred sixty-three, the employee contributions which would
have been payable had his position been included in the retirement
system during such period.
§ 51-111.43. When membership ceases, except in the case of retire-
ment, an employee shall thereafter lose all rights to any retirement allow-
ance benefits under this chapter arising from service prior to the date
e such cessation of membership, except as otherwise provided in
§1-111.41:1.
§ 51-111.45. (a) Any person who was a member of the abolished
system and in the armed forces of the United States on March one, nine-
teen hundred fifty-two, or any member of the retirement system sub-
sequently entering the armed forces of the United States, being on leave
of absence from such service of the State or of the Virginia public free
schools or any other employer under this chapter and not withdrawing
accumulated contributions shall be entitled to have included as creditable
service his period of service in armed forces of the United States provided
is di ge therefrom was not dishonorable and he reenters service
within one year after discharge. ——-
(b) Any member in service who rejected membership in the abolished
system and subsequently entered the armed forces of the United States,
being on leave of absence from the service of the State or of the Virginia
public free schools, shall be entitled to have included as creditable service his
period of service in the armed forces of the United States, provided his
discharge therefrom was not dishonorable and he reentered service within
one year after discharge and further provided the member purchases
credit for all reject service on the purchase basis set forth in § 51-
111.41°1.
(c) Any member in service who rejected membership in the
abolished system and who, prior to July one, nineteen hundred sixty-six,
was credited with service during the period of rejection upon payment of
contributions and interest in accordance with § 51-111.41:1, shall, upon
request to the retirement system, be refunded the portion, if any, of such
payment attributable to service in the armed forces of the United States
that would be creditable under the provisions of subsection (b) of this
section. Three-sevenths of the interest payment included in such refund
shall be paid from the retirement allowance account and the remainder
of the refund shall be paid from the account of the member in the mem-
ber’s contribution account.
§ 51-111.46. (a) Each member shall contribute for each pay period
for which he receives compensation * five and one half per. centum of
his creditable compensation. a
(b) The Comptroller, in the case of all State employees paid by
warrants on the State Treasurer, or, in the case of any other State
employee, the department, institution or agency by which the salary is
paid, or the employer in the case of teachers and other employees shall
cause to be deducted from the salary of each member for each and every
payroll period subsequent to the date of establishment of the retirement
system, the contribution payable by such member as provided in this
chapter, but in no case shall any deduction be made from the compensa-
tion of a member after his normal retirement date if such member. elects
not to contribute.
(c) In determining the creditable compensation of a member in a
payroll period, whether semimonthly or monthly, the Board may consider
the rate of compensation payable to such member on the date of entry
or removal of name from payroll as having been received throughout the
month if service for the month is creditable. If service for the month is
not creditable, the Board may consider any compensation payable during
the month as not being creditable compensation.
(d) The deductions provided for herein shall be made notwith-
standing that the minimum compensation provided by law for any mem-
ber shall be reduced thereby. Every member shall be deemed to. consent
and agree to the deductions made as provided herein; and payment of
salary or compensation less such deductions shall be a full and complete
discharge of all claims for services rendered by such person during the
period covered by such payment, except as to any benefits provided by
this chapter.
CH. 174) ACTS OF ASSEMBLY 805
(e) Notwithstanding any other provisions of this section, no deduc
tions shall be made from any member’s compensation if the employer’:
contribution required hereunder is in default.
(f) Any member who was a former member of the abolished system
and who transferred his accumulated contributions to the retirement sys.
tem as provided in § 51-111.41 and who has not withdrawn such con.
tributions may at the time of filing his notice of retirement deposit ir
his account in the members’ contribution account by a single payment
such amount as will increase his total retirement allowance to an amount
not greater than the largest amount obtainable under the applicable pro-
visions of subsection (e) of § 51-111.55.
(zg) The Board may modify the method of collecting the contribu-
tions of members so that the employers, departments, institutions and
agencies required to remit to the State Treasurer as provided in sub-
section (b) of this section may retain the amounts deducted by them
from members’ salaries and have a corresponding amount deducted from
State funds otherwise payable to them.
§ 51-111.47. (a) Each employer shall contribute * an amount equal
to the “normal contribution”. The normal contribution for any period
shall be determined as a percentage, equal to the normal contribution rate
of the total covered compensation of the members employed by such em-
ployer tn such period, reduced by an amount calculated to be equal to the
estimated excess, if any, of the net investment income during such period
on the assets of the system allocable to the members employed by such
employer over the amount of net investment income thereon assumed in
the computation of the normal contribution rate.
(b) The norma! contribution rate shall be determined as the per-
centage of the members’ compensation payable during the members’ periods
of membership required to provide the difference between the total liabil-
ities for retirement allowances not provided by the members’ contribu-
tions and the amount of the assets in the retirement allowance account.
_*fc) The normal contribution rate for each employer shall be deter-
mined on actuarial bases adopted by the Board * after each valuation
and shall continue in force until a new valuation is made.
*(d) The Board shall certify to the Comptroller, and to each em-
ployer contributor other than the State, the normal contribution rate and
every change made therein from time to time.
*(e) The aggregate employer contributions payable into the retire-
ment allowance account shall be at least sufficient, when combined with the
applicable amount then held in the account, to provide the benefits pay-
able from the account during the current year.
*(f) At least thirty days prior to each regular session of the General
Assembly, the Board shall certify to the Governor the respective amounts
which will become due and payable to the retirement system from the
State treasury during the biennium next following. The amounts so ascer-
tained shall be included in the appropriation bill which is submitted to
the General Assembly.
*(g) Inthe case of all teachers whose compensation is paid exclusively
out of funds derived from local revenues and appropriations from the gen-
eral fund of the State treasury, and in the case of all State employees whose
compensation is paid exclusively by the State out of the general fund of
the State treasury, the State shall be the sole contributor, and all such
contributions shall be paid out of the general fund. In the case of an
er whose compensation is paid out of funds derived in whole or in
part from any special fund, or from a contributor other than the State or
some political subdivision thereof, then in any year, there shall be paid
out of the general fund only such proportion of the contributions on behalf
of such employee as that part of such employee’s compensation paid out
of local revenues and funds derived from the general fund for that year
bears to his total compensation for that year, and the remainder of such
contributions shall be paid out of such special fund or by such other
contributor in proportion to that part of the employee’s compensation
derived therefrom. In the case of a State employee whose compensation
is paid in whole or in part out of any special fund, or by any contributor
other than the State, then contributions on behalf of such employee in any
year shall be paid out of such special fund, or by such other contributor,
in proportion to that part of the employee’s compensation derived there-
from for that year. The governing body of each county, city and town is
hereby authorized to make such appropriations from the funds of such
county, city or town as shall be necessary to pay its proportionate share
of contributions on account of every State employee whose compensation
is paid in part by such county, city or town.
§ 51-111.49. (a) The members’ contribution account shall be the
account to which all members’ contributions and interest allowances as
provided in this chapter shall be credited; from this account shall be paid
the accumulated contributions of a member required to be returned to
him upon withdrawal, or paid in the event of his death before retirement.
(b) In the case of all members paid directly out of the State treas-
ury, the Comptroller shall, at the end of each payroll period, transfer to
the members’ contribution account from each fund in the State treasury
out of which the salary of any member is paid, an amount equal to the
aggregate amount of the deductions made for the preceding payroll period
from the salaries of all members paid out of such fund in the State
treasury. The Comptroller shall forward a record of all such transfers to
the Board. In all other cases the employer, or the department, agency or
institution, by which any member’s compensation is paid, shall, at the
end of each payroll period, transmit to the State Treasurer its warrant
for the payment of an amount equal to the aggregate amount of the
deductions made for such payroll period from the salaries of all members
paid by such employer, department, agency or institution, for the preced-
ing payroll period. The funds collected by the Treasurer on account of
such warrants shall be credited to the members’ contribution account.
The Treasurer shall transmit to the Comptroller and to the Board a record
of all monevs so collected.
(c) Each contribution provided for in § 51-111.46 and each payment
made under § 51-111.41:1, to the extent provided for therein, shall
be credited to the individual account of the contributing member.
(d) Each individual account of the members’ contribution account
shall be credited annually with interest at the rate of two per centum
per annum on the accumulated contributions of the member; provided
however that interest shall accrue on any such contribution beginning
at the end of the fiscal year in which each such contribution was made.
(e) Accumulated contributions transferred from the abolished sys-
tem shall be credited to the individual account in the members’ contribu-
tion account and interest thereon shall accrue and be credited annually
at the rate of two per centum per annum beginning on the first day of the
month next following the month in which such transfer is authorized.
(f) Upon the retirement of a member, his accumulated contribu-
tions shall be transferred from the members’ contribution account to the
retirement allowance account.
_ § 51-111.53. (a) Normal retirement—Any member in service at
his normal retirement date may retire at any time then or thereafter upon
written notification to the Board, made by the member or his employer,
setting forth at what time the retirement is to become effective, pro-
vided that such effective date shall be after his last day of service but
shall not be more than ninety days prior to or subsequent to the filing
of such notice.
(b) Early retirement.——Any member in service on or after his six
tieth birthday, or, at the time he has complied with the requirements fo
retirement set forth in Chapter 36 of the Code of 1919 as it existe
immediately prior to July one, nineteen hundred forty-two, in the cas
of a teacher who would have qualified for service retirement prior to hi
normal retirement date under the provisions of the abolished system an
in either case prior to his normal retirement date, may retire upon writte:
notification to the Board, made by the member or his employer, settin;
forth at what time the retirement is to become effective, provided tha
such effective date shall be after his last day of service and after th
filing of such notice but shall not be more than ninety days subsequen
to the filing of such notice.
(c) Deferred retirement for members terminating service.—An:
member having * terminated service prior to July one, nineteen hundree
sixty-six after fifteen or more years of creditable service or subsequent t
June thirtieth, nineteen hundred sixty-six after ten or more years 0.
creditable service may retire under the provisions of paragraphs (a) or (b
above, provided that he shall not have withdrawn his accumulated con
tributions prior to the effective date of his retirement, and except that an:
requirements as to the member being in service shall not apply; providec
further however that no member shall be entitled to the benefits of thi
paragraph if his employer certifies that his service was terminated be
cause of dishonesty, malfeasance or misfeasance in office; such certifica
tion may be appealed to the Board, and its decision shall be final.
§ 51-111.55. * (a) Upon retirement as provided in § 51-111.58, on
or after July one, nineteen hundred sixty-six a member shall receive a
annual retirement allowance, payable monthly to him for life, subjec
to the provisions of subsection (g) of this section, determined in accord
ance with paragraph (1) or (2), whichever is applicable:
(1) Normal retirement under § 51-111.58 (a).—An amount equa
to one and * three-eighths per centum of his average final compensatio
multiplied by his number of years of creditable service subject, however
to the provisions of subsections * (b), (c), and (e) of this section. |
(2) Early retirement under § 51-111.58(b).—An amount which shal]
be determined in the same manner as for retirement at his normal retire
ment date with years of creditable service and average final compensa
tion being determined as of the date of his actual retirement, and th
amount of the retirement allowance so determined being reduced on a!
actuarial equivalent basis for the period that the actual retirement dat
precedes the norma] retirement date subject, however, to the provisions 0
subsections * (b) and (d) of this section; provided further that th
retirement allowance of a member retiring on or after his sixtieth birth
soot = with at least thirty years of creditable service shall not be s
uced.
In the case of any beneficiary retired for service on or after Marci
one, nineteen hundred fifty-two and prior to July one, nineteen hundres
sizty-siz, the annual retirement allowance payable on and after July one
nineteen hundred sixty-six shall be equal to the larger of (1), eleven-ninth.
of the allowance that would have been paid theretofore except for th
application of provisions corresponding to those contained in subsection.
(ec), (d) and (e) of this section and (ii), the allowance theretofore patd
subject to the provisions of subsection (d) of this section.
*(b) Normal or early retirement.— * In addition to the allowanc
payable under subsection (a) of this section, a member shall receiv
an additional allowance which shall be the actuarial equivalent, for hi
system,.including interest credited since such transfer to the date of retire-
ment, over the amount obtained by accumulating at the rate of two per
centum compounded annually, annual amounts equal to four per centum
of his annual creditable compensation at the date of abolition of the
Virginia Retirement System for a period equal to his period of member-
ship in the abolished system and with interest credited at two per centum
annually from the date of such transfer to the date of retirement.
*(c) Normal retirement guarantee.—Subject to the provisions of
subsection (f) of this section, the retirement allowance payable upon
normal retirement to a former member of the abolished system who trans-
ferred his accumulated contributions to the retirement system as provided
in § 51-111.41 and who has not withdrawn such contributions prior to
retirement shall * not be less than the excess, if any, of the service retire-
ment allowance to which the member would have been entitled under the
provisions of the abolished system if he had continued contributions in the
amount in effect at the date of abolition of * such system or, in the case of a
member with thirty or more years of creditable service, the larger of such
allowance or the minimum retirement allowance, including increases pro-
vided by the General Assembly of Virginia, payable to former members of
the abolished system who retired for service with thirty or more years of
creditable service under the provisions of the retirement acts in effect prior
to March one, nineteen hundred and fifty-two, over the annual primary
social security benefits under the federal Social Security Act to which the
member became entitled at his retirement date.
*(d) Early retirement guarantee.—Subject to the provisions of sub-
section (f) of this section, the retirement allowance payable upon early
retirement to a former member of the abolished system who transferred
his accumulated contributions to the retirement system as provided in
§ 51-111.41 and who has not withdrawn such contributions prior to retire-
ment, * and who would have qualified prior to normal retirement for a
service retirement allowance under the abolished system, shall, prior to
the member's sixty-fifth birthday, not be less than the service retirement
allowance that would have been payable under the provisions of the
abolished system, nor after the member’s sixty-fifth birthday shall it be
less than the excess, if any, of the larger of such allowance or the minimum
retirement allowance, including increases provided by the General Assem-
bly of Virginia, payable to former members of the abolished system who
retired for service under the provisions of the retirement acts in effect
prior to March one, nineteen hundred and fifty-two, over the annual pri-
mary social security benefits under the federal Social Security Act to which
the member became entitled at his sixty-fifth birthday, or to which he
would have become entitled at such birthday except for having elected to
have his social security benefits commence at an earlier date.
*(e) Minimum service retirement allowance.—* The amout of annual
retirement allowance as determined under paragraph (1) of subsection
(a) * of this section shall, subject to the provisions of subsection (f)
of this section, be at least an amount which when added to the primary
social security benefits to which the member may become entitled under
the federal Social Security Act in effect at his retirement date would
equal twenty dollars times the number of years of creditable service of
the member subject to a maximum of six hundred dollars.
*/( f) Determination of retirement allowance.—For the purposes of
subsections (c), (d) and (e) of this section, the retirement allowance
shall be determined on the assumption that the retirement allowance
Is payable to the member alone and that no optional retirement allow-
ance as provided in § 51-111.60 is elected.
*(g) Beneficiary serving in position covered by this chapter.—Should
a beneficiary of a service retirement allowance under this chapter or the
abolished system be at any time in service as an employee in a positior
covered for retirement purposes under the provisions of this or any chapte!
other than Chapter 3.1 (§ 51-111.1 et seq.) of this title, if the State con
tributes any of the employer costs, his retirement allowance shall ceas
while so employed.
§ 51-111.56. (a) Any member in service or within ninety days afte:
termination of service who has ten or more years of creditable servic
may, at any time before his normal retirement date, retire on accoun
of disability not compensable under the Virginia Workmen’s Compensa
tion Act upon written notification to the Board, made by the member 0:
his employer, setting forth at what * date the retirement is to becom
effective ; provided that such effective date shall be after his last da;
of service but shall not be more than ninety days prior to the filing 0:
such * notification; * provided, further that the Medical Board, after :
medical examination of the member requesting disability retirement, shal
certify that such member is, and has been continuously since such effective
date if prior to the filing of such * notification, mentally or physically in
capacitated for the further performance of duty and that such incapacity}
is likely to be permanent and that such member should be retired.
(b) * Any member in service or within ninety days after terminatior
of service may, at any time before his normal retirement date. retire on
account of disability from a cause compensable under the Virginia Work
men’s Compensation Act, upon written notification to the Board, mad:
by the member or his employer, setting forth at what date the retire
ment ts to become effective; provided, that such effective date shall bi
after his last day of service, but shall not be more than ninety days prio
to the filing of such notification; provided further that the Medical Board
after a medical examination of the member requesting disability retire
ment, shall certify that such member ts, and has been continuously sine
such ‘effective date if prior to the filiny of such notification, mentally o:
physically tncapacitated for the further performance of duty and tha
such incapacity ts likely to be permanent and that such member shoul
be rettred. This provision, except for the requirement of being tn service
or within ninety days after termination of service, shall apply to any lau
enforcement officer or any tax examiner and license inspector, provided thi
disability was the result of the felonious misconduct of another and furthe:
provided such act occurred subsequent to May 1, 1968 while a member %
service on active duty.
(c) In the event no compensation igs finally awarded under thi
Virginia Workmen’s Compensation Act with respect to the disability of «
member, due to legal proceedings or otherwise resulting in settlement fron
the person, or persons causing such disability, the Virginia Industria
Commission, upon request of the Board, shall for the purpose of thi.
section determine whether such member’s disability was from a cats
compensable under the Virginia Workmen’s Compensation Act.
§ 61-111.57. (a) Allowance payable on retirement.—Upon retire
ment as provided in § 51-111.56 on or after July one, nineteen hundrec
sizty-siz, a member shall receive an annual retirement allowance payable
monthly during his lifetime and continued disability * equal to one anc
three-eighths per centum of his average final compensation multiplied 1
the smaller of :
section.
In the case of any beneficiary retired for disability on or after March
one, nineteen hundred fifty-two and prior to June thirty, nineteen hun-
dred sixty-six who has attained his sixty-fifth birthday prior to June thirty,
nineteen hundred sixty-six, and whose retirement allowance has been
recomputed as a service retirement allowance, the annual retirement al-
lowance payable on and after July one, nineteen hundred sixty-six shall be
equal to eleven-ninths of the allowance theretofore paid. In the case of any
such beneficiary who has not attained his sixty-fifth birthday prior ta
June thirty, nineteen hundred sixty-six, and whose allowance 18 not com-
puted under a specific provision relating to a “law enforcement officer
disability allowance”, the allowance payable after July one, nineteen hun-
dred sixty-six shall be equal to the allowance theretofore paid subject to
the provisions of subsection (c) of this section, until his stxty-fifth birth-
day. On and after the sixty-fifth birthday of such a beneficiary, the
allowance payable shall be equal to the service retirement allowance for
normal retirement determined in accordance with paragraph (1) of
subsection (a) of § 51-111.55, except that subsections (c) and (e) of
§ 51-111.55 shall not apply, on the assumption that his creditable com-
pensation on the date of disability retirement continued in the same
amount up to his sixty-fifth birthday and on the assumption that years
of creditable service at normal retirement included both the creditable
service prior to disability retirement and the period of disability retire-
ment.
*(b) Disability retirement guarantee.—The disability retirement al-
lowance payable * to a former member of the abolished system who
transferred his accumulated contributions to the retirement system and
who has not withdrawn such contributions prior to such retirement, shall
be at least an amount which, when added to the primary social security
benefits to which the member may become entitled under the federal
Social Security Act in effect at his retirement date, would equal the dis-
ability retirement allowance to which the individual would have been en-
titled under the provisions of the abolished system. *
*(c) Minimum disability retirement allowance.— * Notwithstand-
ing the provisions of subsection (a) of this section, * the amount of annual
retirement allowance as determined under this section shall, effective six
months after retirement date and subject to the provisions of subsection (e)
of this section, be at least an amount which when added to the primary social
security benefits to which the member may become entitled under the
federal Social Security Act in effect at his retirement date would equal
one thousand dollars or twenty-five per centum of average final com-
pensation whichever is larger, provided further * the annual amount
of the combined retirement system allowance and primary social security
benefit for any member retired or retiring and credited with twenty
or more years of service at the time of retirement shall, effective six
months after retirement date, and subject to the provisions of subsection
(e) of this section, not be less than the retirement allowance payable,
including increases provided by the General Assembly of Virginia, to
former members retired for disability under the provisions of the retire-
ment acts in effect prior to March one, nineteen hundred fifty-two.
(d) Special disability retirement guarantee.—Notwithstanding the
provisions of subsection (a) of this section if a member retires after June
thirty, nineteen hundred sixty-six for disability under the provisions
of subsection (b) of § 51-111.56, the amount of annual retirement allow-
ance as determined under this section shall, subject to the provisions of
subsections (e) and (f), of this section, be at least an amount which when
added to the primary social security benefits to which the member may
become entitled under the federal social security Act in effect at nr
retirement date would equal two-thirds of the sum of the member’s aver
age final compensation plus twelve hundred dollars.
(e) Determination of retirement allowance.—For the purposes 0:
this section the retirement allowance shall be determined on the assump
tion that the retirement allowance is payable to the member alone and tha:
no optional retirement allowance is elected.
(f) Reduction of allowance by amount of payments under Work
men’s Compensation Act.—Any allowance payable to a member under thi:
section shall be reduced by the amount of any payments * under th
Virginia Workmen’s Compensation Act and the excess of the allowance
if any, shall be paid to such member. When the time for * payments o:
the compensation * under such act has elapsed, the member shall there
after receive the full amount of such allowance payable monthly durins
his lifetime and continued disability. Should the member accept reimburse.
ment tn lieu of compensation under the Virginia Workmen’s Compensa
tion Act, due to legal proceedings or otherwise resulting in settlemen
from the person or persons causing the member’s disability, the com
pensation that would have been payable, except for such settlement, a:
determined by the Virginia Industrial Commission upon request of th
Board, shall for the purposes of this subsection, be assumed to have beer
§ 52-111.58:1. (a) Should a member die at any time before retire
ment, * and tf no benefits are payable under subsection (b) of this section
the amount of his accumulated contributions, reduced by the amount of an}
retirement allowance previously received by him under this chapter or the
abolished system, shall be paid to such person, if any, as he has nominatec
by written designation signed and acknowledged by such member befor
some person authorized to take acknowledgements and filed with the Board
otherwise to his executors or administrators. Any such designation may be
changed by the member by the written designation of some other person
signed, acknowledged and filed as aforesaid.
(b) Should a member in service die at any time before retiremen
and after either attaining his sixtieth birthday or completing at leas
thirty years of creditable service and tf no benefits are payable under sub.
section (c) of this section there shall be paid a retirement allowance t
* the person nominated as provided in subsection (a) of this section ¢
such person ts the wife, husband, mother or father of the member; suck
retirement allowance shall be continued during the lifetime of * suci
person * and shall be, (1) in the case of a member who dies prior to attain
ing his sixty-fifth birthday, an allowance equal to one-half of the deceasec
retirement allowance that would have been payable to the member hac
the member retired under the provisions of subsection (b) of § 51-111.5:
on the date of his death after having elected to have his allowance payable
under the joint and last survivor option described in subsection (a) (2)
of § 51-111.60 so that one-half thereof would be continued after his deatt
to such * person, assuming, in the case of a member who had not attainec
his sixtieth birthday at his date of death, that the requirement of having
attained his sixtieth birthday was not included in the provisions of sub
section (b) of § 51-111.58, and that the retirement allowance payable i
such event would be reduced on an actuarial equivalent basis for the perioc
by which the date of death preceded the date the member would havi
attained his sixtieth birthday; or, (2) in the case of a member who die:
after attaining his sixty-fifth birthday, an allowance equal to the decreasec
retirement allowance that would have been payable to the member had the
member retired under the provisions of subsection (a) of § 51-111.53 or
of § 51-111.60 so that the same amount would be continued after his death
to such * person. Provided that * in the determination of the allowance
that would have been payable to the member had the member retired on
the date of his death, the provisions of subsections * (b), (c) and (d) of
§ 51-111.55 shall not apply ; and provided further that * if * such * person *
so elects in writing under seal and duly acknowledged, the amount of the
member’s accumulated contributions, reduced by the amount of any retire-
ment allowance previously received by him under this chapter or the
abolished system, shall be paid to * such person * in lieu of any other
benefits under this subsection. ;
(c) Should a member die in service at any time before retirement
from a cause compensable under the Virginia Workmen’s Compensation
Act, an annual retirement allowance shall be paid to the widow or widower,
if any, of such member. In the event no compensation is finally awarded
under the Virginia Workmen’s Compensation Act with respect to the
death of a member, due to legal proceedings or otherwise resulting in settle-
ment from the person or persons causing such death, the Virginia Indus-
trial Commission, upon request of the Board, shall for the purpose of this
section determine whether such member’s death was from a cause com-
pensable under the Virginia Workmen’s Compensation Act. If such mem-
ber leaves no widow or widower, or the widow or widower dies or remarrtes,
then the child or children under the age of eighteen years, tf any, of the
deceased member, shall be paid an 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, widower nor child or children
under the age of eighteen years, then such allowance shall be paid to the
member's 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. oo ae
The retirement allowance, payable hereunder to a qualifying survivor
or survivors, shall be the annual. amount, payable monthly, which when
added to the social security benefit payable as result of coverage of the
member under the federal Social Security Act and the compensation pay-
able under the Virginia Workmen’s Compensation Act for the death of the
member, shall be equal to one-half of the sum of the member’s average
final compensation and twelve hundred dollars. Should no compensation
be payable under the Virginia Worlmen’s Compensation Act due to re-
imbursement in lieu of benefits thereunder, the compensation that would
otherwise have been awarded, as determined by the Virginia Industrial
Commission upon request of. the Board shall, for the purposes of this
subsection, be assumed to have been awarded. _
Any. beneficiary entitled to the entire amount of a retirement allow-
ance under the provisions of this subsection as a result of the death of a
member shall be entitled to waive his rights to such allowance by written
notification to the Board within ninety days after the death of such mem-
ber in order to make available a retirement allowance under the provisions
of subsection (b) of this section. oo
~§ 51-111.60. (a) Each member shall have the right at any time,
not subsequent to the later of the effective date of the member’s retirement
or the date of written notification to the Board of the retirement of the
member, to elect to have his retirement allowance payable under * one of
the options set forth in this section in lieu of the retirement allowance
otherwise payable to him upon retirement under any of the provisions of
this chapter. The amount of any such optional retirement allowance shall
be the actuarial equivalent of the amount of such retirement allowance
otherwise payable to him. The member shall make such an election by
written request to the Board and such an election shall be subject to th
approval of the Board.
(1) Straight life option—A member may elect to receive an in
Seal oe allowance in lieu of any death benefits as provided i1
(2) Joint and last survivor option.—* A member may elect to receive
a decreased retirement allowance during his lifetime and have such retire
ment allowance (or one-half thereof if so designated) continued after hi:
death to another person during the lifetime of such person ; provided, how
ever, that if the member’s retirement is for disability, the election of th
retirement allowance to be continued after the member’s death shall b
lamited to one-half of the decreased retirement allowance received by th
member during his lifetime. In case of such an election death benefits tha
might otherwise be provided under § 51-111.59 shall not be payable upo!
the death of the member. This option may not be elected by a member i:
<a aes Security option of paragraph (a) (3) hereof has previously beer
e
(3) Social Security option.—If a member retires for service prior t
his normal] retirement date, he may elect to receive an increased retiremen
allowance up to his normal retirement date and a decreased retiremen
allowance thereafter, thereby providing a more nearly level retiremen(
allowance when such decreased retirement allowance is added to his antici
pated primary benefits under the federal Social Security Act. The electior
of this option shall automatically revoke any previous election under th
joint and last survivor option of paragraph (a) (2) hereof.
(4) Other options.—Some other benefits * may be paid either to th
member or to such person or persons as he shall select.
(b) The election by a member of any one of the options stated in thi:
section shall be null and void if the member dies prior to retirement, anc
the election of a member of the option stated in paragraph (a) (2) hereo:
shall be null and void if the designated person dies before the member’:
retirement.
(c) A member who has elected any one of the options stated in this
section may, at any time prior to the later of the effective date of the mem
ber’s retirement or the date of written notification to the Board of retire
pent of the member, revoke such an election by written notification to the
rd.
§ 51-111.62. Whenever a beneficiary of a disability retiremen'
allowance is prior to his normal retirement date engaged in, or is able t
engage in, gainful occupation or work paying more than the difference be-
tween his disability retirement allowance and his average final compensa-
tion, the Board may reduce such retirement allowance to an amount which.
together with the amount earnable by * the beneficiary equals the amount
of his average final compensation * or, at the option of the Board, equal:
the amount of his average final compensation adjusted to allow for in.
creases tn the cost of living since the date of retirement. In determining
the net amount considered to be earnable by the beneficiary, the Boara
may take into account the amount of any medical expenses directly in-
curred by the beneficiary to reduce or eliminate the cause of disability.
§ 51-111.67:4. (a) Each employee to whom this article applies
shall, subject to the terms and conditions thereof, be eligible to be insurec
for an amount of group life insurance plus an equal amount of group acci.
dental death and dismemberment insurance, in accordance with the follow:
ing schedule: ,
If annual compensation is—
III The maximum amount
II The amount of group accidental
I But not of group life death and dismember-
Greater greater insurance ment insurance
than— than— shall be— shall be—
0 $ 1,000 $ 1,000 $ 1,000
$ 1,000 2,000 2,000 2,000
2,000 3,000 3,000 8,000
3,000 4,000 4,000 4,000
4,000 5,000 5,000 5,000
5,000 6,000 6,000 6,000
6,000 7,000 7,000 ,000
7,000 8,000 8,000 8,000
8,000 9,000 9,000 9,000
9,000 10,000 10,000 10,000
10,000 11,000 11,000 11,000
11,000 12,000 12,000 12,000
12,000 13,000 13,000 13,000
13,000 14,000 14,000 14,000
14,000 15,000 15,000 15,000
15,000 16,000 16,000 16,000
16,000 17,000 17,000 17,000
17,000 18,000 18,000 18,000
18,000 19,000 19,000 19,000
19,000 20,000 20,000 20,000
20,000 21,000 21,000 21,000
21,000 22,000 22,000 22,000
22,000 23,000 23,000 23,000
23,000 24,000 24,000 24,000
24,000 25,000 25,000 25,000
25,000 26,000 26,000 000
26,000 27,000 27,000 27,000
27,000 28,000 28,000 28,000
28,000 29,000 29,000 29,000
29,000 j— — — — — — — ——— dissecceee 80,000 80,000
The Board may, with respect to employees while in service and under
age sixty-five, increase the amounts of insurance set forth in Columns ITI
and IV above for such period as may be specified by the Board if the
Board determines (1) that such increase can be made without exceeding
the rate of employee contributions specified in §§ 51-111.67:5 and
51-111.67:6 and (2) that, after applying to the cost of such increase any
reserve funds held by, or to the credit of the Board, resulting from the
annual accounting required by § 51-111.67:7, such increase in amount
of insurance can be made without increasing, during such specified period,
the premiums, charges or portions thereof not paid for by employee con-
tributions which would have been incurred had such increase in amounts
of insurance not been made.
With respect to any employee who is re-employed and insured in
accordance with the provisions of this article, the foregoing otherwise
applicable amount of group life insurance shall be reduced by the amount
of Insurance provided by any policy of insurance issued under the con-
vernon privilege of any policy issued pursuant to the provisions of this
cle.
Effective September one, nineteen hundred sixty-six, with respect to
any employee whose death or dismemberment occurs while such employee
1s tn service and under age sixty-five, the amounts of insurance shall be
determined tn accordance with the following Benefit Formula rather thar
in accordance with the schedule shown above.
Benefit Formula—The amount of group life insurance and the maximum
amount of group accidental death and dismemberment insurance at the
date of an employee’s death or dismemberment shall be determined by
multiplying the employee's annual compensation on such date, excluding
such compensation in excess of thirty thousand dollars, by such employee's
Age Factor, as shown immediately following. Where the amount of insur
ance so determined is not an even multiple of one thousand dollars, the
pi ii such insurance shall be increased to the next higher one thou
sand rs.
Employee's Age Age Factor
50 and Under 2.0
51 1.95
52 1.9
53 1.85
54 1.8
55 1.75
56 1.7
57 1.65
58 1.6
59 1.55
60 1.5
61 1.4
62 1.8
63 1.2
64 1.1
Subject to the conditions and limitations of the policy or policies pur-
chased by the Board under this article, the group accidental death and
dismemberment insurance shall provide payments as follows:
Loss Amount Payable
For loss of life Full amount * determined in ac-
cordance with the applicable
schedule * or Benefit Formula of
this section
Loss of one hand or of one foot or One-half of the amount * deter-
loss of sight of one eye mined in accordance with the
applicable schedule * or Benefit
Formula of this section
Loss of two or more such members Full amount * determined in ac-
cordance with the applicable
schedule * or Benefit Formula
of this section
For any one accident the aggregate amount of group accidental death
and dismemberment insurance that may be paid shall not exceed the maxi-
mum amount of group accidental death and dismemberment insurance
* determined in accordance with the applicable schedule * or Benefit For-
mula of this section.
(b) The amounts of life and accidental death and dismemberment
insurance on employees who remain employed after age sixty-five shall be
reduced by two per centum thereof at the end of each full calendar month
following the date the employee attains age sixty-five; but such reduction
shall not decrease the amount of insurance on an employee to less than
wenty-five per centum of the insurance in force immediately preceding
the first reduction therein; provided, that the amounts of life and acci-
320 ACTS OF ASSEMBLY {vA., 1966
the age of sixty-five shall be the same as would be in force had he been
insured at age sixty-five and shall be based on the lesser of his annual com-
pensation (1) at the time he becomes so insured, or (2) at age sixty-five
provided he was eligible at that time to be insured under this article.
(c) The amount of life insurance on each employee who retires (i)
for service on an immediate annuity shall be reduced by two per centum of
the amount of insurance in force at such employee’s age sixty-five, or other
lesser age if so retired prior to age sixty-five, at the end of each full calen-
dar month following the date the employee attains age sixty-five or other
lesser age if so retired prior to age sixty-five or (ii) because of disability
on an immediate annuity shall be reduced at the end of each full calendar
month following the date such employee attains age sixty-five by an amount
equal to two per centum of the amount of insurance in force on the date
such retirement commenced, except if the employee by statute or Board
regulation has pursuant to subsection (f) of this section, been construed
to be in service to the beginning of the next school year the reduction,
whether for age or retirement for service, or because of disability on im-
mediate annuity, shall not apply until the beginning of such next school year.
But such reduction shall not decrease the amount of life insurance on an
employee to less than twenty-five per centum of the insurance in force
immediately preceding the first reduction therein; provided, that the
amounts of life insurance in force from time to time on an employee who
becomes insured under this article after having attained the age of sixty-
five and later so retires shall be the same as would be in force had he been
insured and so retired at age sixty-five and shall be based on the lesser of his
annual compensation (1) at the time he becomes so insured, or (2) at age
sixty-five provided he was eligible at that time to be insured under this
article; provided, that the Board may, in the case of a disabled retirant
who returns to service in a position covered by this article, provide for the
insuring of such person for an amount and in the same manner as if then
originally employed but the insurance applicable to such person shall be
deemed to have been issued as of the time such person was first insured
under the group insurance provided for in this article.
(d) All accidental] death and dismemberment insurance on an em-
ployee shall cease upon his separation from service or twelve months
(two months in the case of any employee on leave of absence for military,
naval or air service) after discontinuance of his salary payments or upon
his retirement, whichever is earliest. |
(e) Except in case of service or disability retirement, all life insur-
ance on an employee shall] cease upon his separation from service or twelve
months (two months in the case of any employee on leave of absence for
military, naval or air service) after discontinuance of his salary payments,
whichever first occurs, subject to a temporary extension of such life insur-
ance for not more than thirty-one days and to the right of the employee to
convert, without evidence of insurability and within such thirty-one days
after such separation from service or end of such twelve months after dis-
continuance of his salary payments, whichever first occurs, and upon pay-
ment of the premium applicable to the class of risk to which he belongs and
to the form and amount of the policy at his then attained age, his life insur-
ance into a policy of life insurance without disability or other supplemen-
tary benefits in any one of the forms then customarily issued by the insur-
ing company, except term insurance, in an amount equal to the amount
of his life insurance under such group insurance policy at the time of such
separation or discontinuance, whichever first occurs.
(f) Each employee of a State institution of higher education or of a
local school board who remains in the service of such institution of higher
education or local school board until the completion of the schoo! year end-
ing in June and who makes contributions required to provide insurance
coverage under this article until service normally will be resumed the be-
ginning of the next school year shall, for insurance purposes, be deemed
to be in service as an employee through the period to which the payments
apply; if during such period such employee is retired for service or dis-
ability or attains age sixty-five, contributions made by the employee,
§ 51-111.67:5 notwithstanding, shall be accepted and retained as proper.
§ 51-111.67:5. Each employee so insured shall contribute to the cost
of such life insurance and accidental death and dismemberment insurance
an amount to be determined, and within the time specified, by the Board
but not to exceed the rate of seventy cents per month for each thousand
dollars of such employee’s * annual compensation, provided that where
the amount of annual compensation ts not an even multeple of one thousand
dollars, annual compensation for the purposes of this section shall be con-
sidered to be the next higher one thousand dollars; provided, however,
that employees retired for service or disability and employees in service
who have attained age sixty-five shall not be required to contribute to the
cost of their life insurance except as otherwise provided in § 51-111.67:
4(f); and further provided that if an employee is separated from the
service of any State institution of higher education or of any local school
board prior to completing a school year the premiums paid shall be accepted
and retained as proper to date of separation.
§ 51-111.67:6. Notwithstanding any statute, law, regulation or rul
presently in force, during any period in which an employed employee is
insured under a policy of insurance purchased under the authority of this
article, the Comptroller, in the case of all State officers and employees
paid by warrants on the State Treasurer, and, in the case of any other
State employee, the department, division, institution or agency by which
the salary is paid, and the employer in the case of teachers and other
employees, shall, except as otherwise provided in § 51-111.67:5 of this
article, cause to be deducted from the salary of each employee for each
and every payroll period subsequent to the effective date of such insurance,
an amount determined by the Board, but not to exceed the rate of seventy
cents per month for each thousand dollars of * such employee’s annual
compensation, provided that where the amount of annual compensation ts
not an even multiple of one thousand dollars, annual compensation shall be
considered to be the next higher one thousand dollars; provided, that an
employee who is paid on other than a monthly basis shall have an amount
80 deducted, determined at a proportionate rate, which rate shall be ad-
justed to the nearest cent. All amounts so deducted shall be retained in or
paid into the treasury of Virginia to the credit of the Board and shall be
nie to the Board for the purpose of carrying out the provisions of this
cle.
Any policy of insurance purchased under the authority of this article
shall provide that all employees eligible under the terms of this article will
be automatically insured thereunder commencing on the date they first
become go eligible; provided, that any employee desiring not to be so
insured shall, prior to July first, nineteen hundred and sixty-two, on an
appropriate form to be prescribed by the Board, give written notice to his
employing office that he desires not to be insured. If such notice is received
prior to July first, nineteen hundred and sixty-two, and before the em-
ployee shall have become insured under such policy, he shall not be so
Insured ; if it is received prior to July first nineteen hundred and sixty-two,
and after he shall have become insured, his insurance under the policy will
cease effective with the end of the pay period during which the notice ig
received by the employing office. Any such employee so notifying his em-
ploying office that he desires not to be insured may thereafter become
insured only upon presentation at his own expense of evidence of insurabil-
ity satisfactory to the insuring company.
§ 51-111.70:1. (a) On and after July one, nineteen hundred and
sixty-two the amount of the retirement allowance otherwise payable there-
after, including any increase in such allowance payable under § 51-111.70,
to any former teachers or State employees retired under the provisions of
Chapter 36 of the Code of 1919 as it existed immediately prior to July one,
nineteen hundred and forty-two or the provisions of the repealed Vir-
ginia Retirement Act, and who, in the case of service retirement, have
attained sixty-five years of age, shall be increased by twelve and one-half
per centum.
(b) On and after July one, nineteen hundred and sixty-four each
retired teacher and State employee included under paragraph (a) hereof
shall have his retirement allowance increased by ten per centum of the
total amount otherwise payable under paragraph (a).
(c) Onand after July one, nineteen hundred and sixty-six each re-
tired teacher and State employee included under paragraph (a) hereof
shall have his retirement allowance increased by twenty-two and two
age Pa yontum of the total amount otherwise payable under paragraphs
a) an .
§ 51-114.2. Any county or city which has established prior to Janu-
ary one, nineteen hundred and fifty-nine, and is operating a loca] retirement
system, which does not participate in the Virginia Supplemental Retire-
ment System under Article 4 of Chapter 3.2 of Title 51 of the Code of
Virginia, and which defines as “‘compensation” the full compensation pay-
able or fees earnable by its county and city treasurer, attorney for the
Commonwealth, commissioner of the revenue, clerk of court, sheriff, ser-
geant, and a deputy or employee of any such officer, may be reimbursed for
a portion of the employer contribution on account of any such officer,
deputy or employee as provided in this section; provided that at least once
in every two years such politica] subdivision submits to the Board infor-
mation required by the actuary of the Board for computing, at the expense
of the employing political subdivision, the * employer normal contribution
* rate that would be applicable to such political subdivision if all such
officers, deputies or employees thereof were members of the Virginta
Supplemental Retirement System, on the assumption that no service prior
to the computation date was creditable and that no assets were allocable
to such members, and such political subdivision shall be reimbursed by the
Board on the basis on which the State pays the salaries of such officer,
deputy or employee or shares or would share in the excess fees from the
Office.
2. This act shall be in force on and after July one, nineteen hundred
and sixty-six.