A. Employees who become members under this article and on whose behalfcontributions are paid as provided in this article shall be entitled tobenefits under the retirement system.
B. By resolution legally adopted and approved by the Board, the employer mayelect to provide benefits equivalent to those provided under the State PoliceOfficers' Retirement System, as set out in Chapter 2 (§ 51.1-200 et seq.) ofthis title except for § 51.1-209, and except that the employer may elect toestablish the retirement allowance pursuant to the allowance provided inclause (i) or (ii) in subsection A of § 51.1-206, in lieu of the benefitsthat would otherwise be provided hereunder for any employees who are employedin (i) law-enforcement positions comparably hazardous to that of a statepolice officer, including any sworn law-enforcement officer who has the dutyand obligation to enforce the penal and traffic laws of this Commonwealth asdirected by his superior officer, if so certified by his appointingauthority, (ii) positions as full-time salaried fire fighters, (iii)positions as full-time salaried emergency medical technicians, or (iv)positions as regional jail superintendents and jail officers of regional jailfarms, regional jails or jail authorities, as approved by the respective jailboard or authority and by the participating political subdivisions of suchentities. Sheriffs of political subdivisions and superintendents of regionaljails which participate in the retirement system shall receive benefitsequivalent to those of state police officers, except for the benefitsprovided under § 51.1-209, regardless of whether the employer has elected toprovide equivalent benefits as set out in this subsection.
C. Each employer providing the benefits of subsection B for its employeesprior to July 1, 1990, may elect to provide for the early retirement ofemployees as set forth in this subsection in lieu of the early retirement anddeath before retirement provisions of the State Police Officers' RetirementSystem. Such election must be made to the Board in writing prior to July 1,1990. Any member in service on or after his fifty-fifth birthday with five ormore years of creditable service (i) while earning the benefits permitted bythis section, (ii) as a member in the retirement system established byChapter 2 (§ 51.1-200 et seq.) of this title, or (iii) as a member in theretirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of thistitle may retire upon written notification to the Board setting forth at whattime the retirement is to become effective. The effective date shall be afterhis last day of service but shall not be more than 90 days prior to thefiling of such notice. The member shall receive an allowance that shall bedetermined in the same manner as for retirement at an employee's normalretirement with creditable service and average final compensation beingdetermined as of the date of his actual retirement. If the member has lessthan 30 years of service at retirement, the amount of the retirementallowance shall be reduced on an actuarial equivalent basis for the period bywhich the actual retirement date precedes the earlier of (a) the member'snormal retirement date or (b) the first date on or after the member'sfifty-fifth birthday on which the member would have completed a total of 30years of creditable service. Effective December 31, 2003, any employee inservice on June 30, 2002, and July 1, 2002, who is credited with five or moreyears of creditable service rendered under this chapter and earning thebenefits permitted by this section, Chapter 2 (§ 51.1-200 et seq.), orChapter 2.1 (§ 51.1-211 et seq.) of this title shall not be subject to thevesting requirements of this section, and §§ 51.1-205 and 51.1-216.
Members retiring under the provisions of this subsection shall be entitled toreceive post-retirement supplements as provided in § 51.1-166. In computingthe amount of any supplement, any additional allowances being paid under theprovisions of subsection B of § 51.1-206 shall be disregarded. In the case ofdeath before retirement, members whose employers elect to provide benefits inaccordance with the provisions of this subsection and who have not attainedthe age of 50 on the date of death shall be assumed to be 50 years of age forthe purposes of reducing the benefits on an actuarial equivalent basis.
D. Beginning July 1, 2008, each county and city participating in the VirginiaRetirement System shall provide the benefit coverage described in subsectionB to each deputy sheriff, regardless of whether the deputy sheriff's salaryis funded or reimbursed in whole or in part by the Compensation Board.
E. Notwithstanding the provisions of subsection C, beginning July 1, 2009,the City of Danville shall provide to each deputy sheriff the benefitcoverage described in subsection B.
F. Beginning July 1, 2009, each regional jail board and regional jailauthority participating in the Virginia Retirement System and each county andcity participating in such board or authority shall provide the benefitcoverage described in subsection B to each sworn officer of a regional jail,regardless of whether the regional jail officer's salary is funded orreimbursed in whole or in part by the State Compensation Board.
G. Beginning July 1, 2010, any county or city that (i) participates in theVirginia Retirement System pursuant to Chapter 1 (§ 51.1-124.1 et seq.), (ii)has in effect a retirement supplement for deputy sheriffs (in addition to theannual retirement allowance provided under the Virginia Retirement System)that exceeds the allowance set forth in subsection B of § 51.1-206 hereof,and (iii) provides the same level of retirement benefits to all of its deputysheriffs, may, by resolution legally adopted, elect to provide the benefitscoverage under subsection B hereof except for the allowance described insubsection B of § 51.1-206. Notwithstanding any other provision of law, theadditional costs of such election shall be borne solely by such county orcity.
H. The retirement system shall not be liable for the payment of anyretirement allowances or other benefits on behalf of a member or beneficiaryof a member for which reserves have not been previously created from fundscontributed by the employer or the members for such benefits.
(1952, c. 157, § 51-111.37; 1970, c. 476; 1972, c. 568; 1974, c. 353; 1975,c. 597; 1976, c. 654; 1977, cc. 326, 620; 1989, c. 484; 1990, c. 832; 1991,c. 719; 1999, c. 596; 2002, c. 466; 2004, c. 83; 2006, cc. 65, 388; 2007, c.819; 2009, cc. 6, 91, 282; 2010, c. 745.)
A. Employees who become members under this article and on whose behalfcontributions are paid as provided in this article shall be entitled tobenefits under the retirement system.
B. By resolution legally adopted and approved by the Board, the employer mayelect to provide benefits equivalent to those provided under the State PoliceOfficers' Retirement System, as set out in Chapter 2 (§ 51.1-200 et seq.) ofthis title except for § 51.1-209, and except that the employer may elect toestablish the retirement allowance pursuant to the allowance provided inclause (i) or (ii) in subsection A of § 51.1-206, in lieu of the benefitsthat would otherwise be provided hereunder for any employees who are employedin (i) law-enforcement positions comparably hazardous to that of a statepolice officer, including any sworn law-enforcement officer who has the dutyand obligation to enforce the penal and traffic laws of this Commonwealth asdirected by his superior officer, if so certified by his appointingauthority, (ii) positions as full-time salaried fire fighters, (iii)positions as full-time salaried emergency medical technicians, or (iv)positions as regional jail superintendents and jail officers of regional jailfarms, regional jails or jail authorities, as approved by the respective jailboard or authority and by the participating political subdivisions of suchentities. Sheriffs of political subdivisions and superintendents of regionaljails which participate in the retirement system shall receive benefitsequivalent to those of state police officers, except for the benefitsprovided under § 51.1-209, regardless of whether the employer has elected toprovide equivalent benefits as set out in this subsection.
C. Each employer providing the benefits of subsection B for its employeesprior to July 1, 1990, may elect to provide for the early retirement ofemployees as set forth in this subsection in lieu of the early retirement anddeath before retirement provisions of the State Police Officers' RetirementSystem. Such election must be made to the Board in writing prior to July 1,1990. Any member in service on or after his fifty-fifth birthday with five ormore years of creditable service (i) while earning the benefits permitted bythis section, (ii) as a member in the retirement system established byChapter 2 (§ 51.1-200 et seq.) of this title, or (iii) as a member in theretirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of thistitle may retire upon written notification to the Board setting forth at whattime the retirement is to become effective. The effective date shall be afterhis last day of service but shall not be more than 90 days prior to thefiling of such notice. The member shall receive an allowance that shall bedetermined in the same manner as for retirement at an employee's normalretirement with creditable service and average final compensation beingdetermined as of the date of his actual retirement. If the member has lessthan 30 years of service at retirement, the amount of the retirementallowance shall be reduced on an actuarial equivalent basis for the period bywhich the actual retirement date precedes the earlier of (a) the member'snormal retirement date or (b) the first date on or after the member'sfifty-fifth birthday on which the member would have completed a total of 30years of creditable service. Effective December 31, 2003, any employee inservice on June 30, 2002, and July 1, 2002, who is credited with five or moreyears of creditable service rendered under this chapter and earning thebenefits permitted by this section, Chapter 2 (§ 51.1-200 et seq.), orChapter 2.1 (§ 51.1-211 et seq.) of this title shall not be subject to thevesting requirements of this section, and §§ 51.1-205 and 51.1-216.
Members retiring under the provisions of this subsection shall be entitled toreceive post-retirement supplements as provided in § 51.1-166. In computingthe amount of any supplement, any additional allowances being paid under theprovisions of subsection B of § 51.1-206 shall be disregarded. In the case ofdeath before retirement, members whose employers elect to provide benefits inaccordance with the provisions of this subsection and who have not attainedthe age of 50 on the date of death shall be assumed to be 50 years of age forthe purposes of reducing the benefits on an actuarial equivalent basis.
D. Beginning July 1, 2008, each county and city participating in the VirginiaRetirement System shall provide the benefit coverage described in subsectionB to each deputy sheriff, regardless of whether the deputy sheriff's salaryis funded or reimbursed in whole or in part by the Compensation Board.
E. Notwithstanding the provisions of subsection C, beginning July 1, 2009,the City of Danville shall provide to each deputy sheriff the benefitcoverage described in subsection B.
F. Beginning July 1, 2009, each regional jail board and regional jailauthority participating in the Virginia Retirement System and each county andcity participating in such board or authority shall provide the benefitcoverage described in subsection B to each sworn officer of a regional jail,regardless of whether the regional jail officer's salary is funded orreimbursed in whole or in part by the State Compensation Board.
G. Beginning July 1, 2010, any county or city that (i) participates in theVirginia Retirement System pursuant to Chapter 1 (§ 51.1-124.1 et seq.), (ii)has in effect a retirement supplement for deputy sheriffs (in addition to theannual retirement allowance provided under the Virginia Retirement System)that exceeds the allowance set forth in subsection B of § 51.1-206 hereof,and (iii) provides the same level of retirement benefits to all of its deputysheriffs, may, by resolution legally adopted, elect to provide the benefitscoverage under subsection B hereof except for the allowance described insubsection B of § 51.1-206. Notwithstanding any other provision of law, theadditional costs of such election shall be borne solely by such county orcity.
H. The retirement system shall not be liable for the payment of anyretirement allowances or other benefits on behalf of a member or beneficiaryof a member for which reserves have not been previously created from fundscontributed by the employer or the members for such benefits.
(1952, c. 157, § 51-111.37; 1970, c. 476; 1972, c. 568; 1974, c. 353; 1975,c. 597; 1976, c. 654; 1977, cc. 326, 620; 1989, c. 484; 1990, c. 832; 1991,c. 719; 1999, c. 596; 2002, c. 466; 2004, c. 83; 2006, cc. 65, 388; 2007, c.819; 2009, cc. 6, 91, 282; 2010, c. 745.)
A. Employees who become members under this article and on whose behalfcontributions are paid as provided in this article shall be entitled tobenefits under the retirement system.
B. By resolution legally adopted and approved by the Board, the employer mayelect to provide benefits equivalent to those provided under the State PoliceOfficers' Retirement System, as set out in Chapter 2 (§ 51.1-200 et seq.) ofthis title except for § 51.1-209, and except that the employer may elect toestablish the retirement allowance pursuant to the allowance provided inclause (i) or (ii) in subsection A of § 51.1-206, in lieu of the benefitsthat would otherwise be provided hereunder for any employees who are employedin (i) law-enforcement positions comparably hazardous to that of a statepolice officer, including any sworn law-enforcement officer who has the dutyand obligation to enforce the penal and traffic laws of this Commonwealth asdirected by his superior officer, if so certified by his appointingauthority, (ii) positions as full-time salaried fire fighters, (iii)positions as full-time salaried emergency medical technicians, or (iv)positions as regional jail superintendents and jail officers of regional jailfarms, regional jails or jail authorities, as approved by the respective jailboard or authority and by the participating political subdivisions of suchentities. Sheriffs of political subdivisions and superintendents of regionaljails which participate in the retirement system shall receive benefitsequivalent to those of state police officers, except for the benefitsprovided under § 51.1-209, regardless of whether the employer has elected toprovide equivalent benefits as set out in this subsection.
C. Each employer providing the benefits of subsection B for its employeesprior to July 1, 1990, may elect to provide for the early retirement ofemployees as set forth in this subsection in lieu of the early retirement anddeath before retirement provisions of the State Police Officers' RetirementSystem. Such election must be made to the Board in writing prior to July 1,1990. Any member in service on or after his fifty-fifth birthday with five ormore years of creditable service (i) while earning the benefits permitted bythis section, (ii) as a member in the retirement system established byChapter 2 (§ 51.1-200 et seq.) of this title, or (iii) as a member in theretirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of thistitle may retire upon written notification to the Board setting forth at whattime the retirement is to become effective. The effective date shall be afterhis last day of service but shall not be more than 90 days prior to thefiling of such notice. The member shall receive an allowance that shall bedetermined in the same manner as for retirement at an employee's normalretirement with creditable service and average final compensation beingdetermined as of the date of his actual retirement. If the member has lessthan 30 years of service at retirement, the amount of the retirementallowance shall be reduced on an actuarial equivalent basis for the period bywhich the actual retirement date precedes the earlier of (a) the member'snormal retirement date or (b) the first date on or after the member'sfifty-fifth birthday on which the member would have completed a total of 30years of creditable service. Effective December 31, 2003, any employee inservice on June 30, 2002, and July 1, 2002, who is credited with five or moreyears of creditable service rendered under this chapter and earning thebenefits permitted by this section, Chapter 2 (§ 51.1-200 et seq.), orChapter 2.1 (§ 51.1-211 et seq.) of this title shall not be subject to thevesting requirements of this section, and §§ 51.1-205 and 51.1-216.
Members retiring under the provisions of this subsection shall be entitled toreceive post-retirement supplements as provided in § 51.1-166. In computingthe amount of any supplement, any additional allowances being paid under theprovisions of subsection B of § 51.1-206 shall be disregarded. In the case ofdeath before retirement, members whose employers elect to provide benefits inaccordance with the provisions of this subsection and who have not attainedthe age of 50 on the date of death shall be assumed to be 50 years of age forthe purposes of reducing the benefits on an actuarial equivalent basis.
D. Beginning July 1, 2008, each county and city participating in the VirginiaRetirement System shall provide the benefit coverage described in subsectionB to each deputy sheriff, regardless of whether the deputy sheriff's salaryis funded or reimbursed in whole or in part by the Compensation Board.
E. Notwithstanding the provisions of subsection C, beginning July 1, 2009,the City of Danville shall provide to each deputy sheriff the benefitcoverage described in subsection B.
F. Beginning July 1, 2009, each regional jail board and regional jailauthority participating in the Virginia Retirement System and each county andcity participating in such board or authority shall provide the benefitcoverage described in subsection B to each sworn officer of a regional jail,regardless of whether the regional jail officer's salary is funded orreimbursed in whole or in part by the State Compensation Board.
G. Beginning July 1, 2010, any county or city that (i) participates in theVirginia Retirement System pursuant to Chapter 1 (§ 51.1-124.1 et seq.), (ii)has in effect a retirement supplement for deputy sheriffs (in addition to theannual retirement allowance provided under the Virginia Retirement System)that exceeds the allowance set forth in subsection B of § 51.1-206 hereof,and (iii) provides the same level of retirement benefits to all of its deputysheriffs, may, by resolution legally adopted, elect to provide the benefitscoverage under subsection B hereof except for the allowance described insubsection B of § 51.1-206. Notwithstanding any other provision of law, theadditional costs of such election shall be borne solely by such county orcity.
H. The retirement system shall not be liable for the payment of anyretirement allowances or other benefits on behalf of a member or beneficiaryof a member for which reserves have not been previously created from fundscontributed by the employer or the members for such benefits.
(1952, c. 157, § 51-111.37; 1970, c. 476; 1972, c. 568; 1974, c. 353; 1975,c. 597; 1976, c. 654; 1977, cc. 326, 620; 1989, c. 484; 1990, c. 832; 1991,c. 719; 1999, c. 596; 2002, c. 466; 2004, c. 83; 2006, cc. 65, 388; 2007, c.819; 2009, cc. 6, 91, 282; 2010, c. 745.)
