CHAPTER 648

An Act to amend and reenact § 51-146, as amended, of the Code of Virginia,
relating to creditable service under the provisions of the State Police
Officers Retirement System.

[S 252]

Approved April 5, 1968
Be it enacted by the General Assembly of Virginia:

1. That § 51-146, as amended, of the Code of Virginia be amende
and reenacted as follows:

§ 51-146. Creditable service.—(a) Prior service credit of any men
ber shall include service rendered prior to July one, nineteen hundred an
fifty except that prior service credit for those members who elected nc
to be included in membership of the Virginia Retirement System shall b
subject to the provisions of subsection (b). The accumulated contribution
of a member under the Virginia Retirement System shall, for purposes o
this chapter, be considered to have been made hereunder.

(b) Any member who elected not to be included in membershi}
of the Virginia Retirement System shall be credited with his period o:
service, if any, prior to July one, nineteen hundred and forty-two, but no’
for the period between that date and July one, nineteen hundred and fifty
except by making a payment as provided in subsection (c), provided that if
the member’s contributions were withdrawn under § 51-109 of the Vir.
ginia Retirement System or § 51-155 or corresponding previous provisions
of this chapter, credit for all of the member’s service since July one,
nineteen hundred and forty-two has’ been established or reestablished as
provided in subsection (c) of this section.

(c) 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:

(i) Rejection of membership in the Virginia Retirement System;

(ii) Cessation of membership under former § 51-49 of the Code
and/or under § 51-145 or corresponding previous provisions of this chapter
because of withdrawal of his accumulated contributions under former
§ 51-109 of the Code or under § 51-155 or corresponding previous provisions
of this chapter;
provided such member pays, prior to October one, nineteen hundred and
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 exclusive of any period
subsequent to June thirty, nineteen hundred and forty-two during which
the member was in the armed forces of the United States) on the assump-
tion that the member contribution rate specified in § 51-147 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 per centum 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 contributions paid, shall be credited to the
account of the member in the member’s contribution account.

(d) In order for the additional service provided for in subsection
(c) of this section to be considered in the computation of any retirement
allowance payable in the event of a member’s retirement under § 51-152,
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.

(e) 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 (c) of this section.

(f) Any member who, after July one, nineteen hundred and fifty,
entered or enters the armed forces of the United States on leave of. absence
from service, and who does not withdraw his accumulated contributions.
shall be entitled to have included as creditable service his period of service
in such armed forces provided his discharge therefrom was not dis-
honorable and he reenters service within one year after discharge. Any
member who rejected membership in the Virginia Retirement System
and subsequently, on leave of absence from service, entered the armed
forces of the United States, shall be entitled to have included as creditable
service his period of service in such armed forces provided his discharge
therefrom was not dishonorable and he reenters service within one year
after discharge and further provided the member purchases credit for all
rede service on the purchase basis set forth in subsection (c) of this
section.

(g) 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 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’ contri-
bution account in the Virginia Supplemental Retirement System. In
such cases, future retirement rights shall be as set forth in the Virginia
Supplemental Retirement Act.

Service qualifying for credit under the provisions of the
Virginia Supplemental Retirement Act shall be included as creditable
service for the purposes of this chapter, provided the requirements as set
forth in the act for crediting such service thereunder have been complied
with by the member and any payment required thereunder credited in the
member’s contribution account. |