§ 51.1-142.2. Prior service or membership credit for certain members; servicecredit for accumulated sick leave.
Certain members may purchase credit for service as provided in this section.
A. Except as provided in subdivisions 1 and 2, in order to receive credit forthe service made available in subsection B, a member in service shall berequired to make a payment for each year, or portion thereof, to be creditedat the time of purchase, equal to five percent of his creditable compensationor five percent of his average final compensation, whichever is greater,unless the member in service is purchasing the service made available insubsection B through a pre-tax or post-tax deduction, in which case the costto purchase each year, or portion thereof, of such service shall be fivepercent of his creditable compensation.
1. (For applicability date, see Editor's note) A person who becomes a memberon or after July 1, 2010, shall pay an amount equal to a rate approximatingthe normal cost for the retirement program under which the member is covered,with such rate for each retirement program to be determined by the Board, andreviewed by the Board no less than every six years. However, if the memberdoes not purchase, or enter into a purchase of service contract for theservice made available in subsection B within one year from his first date ofhire or within one year of the final day of any leave of absence undersubdivision B 2, as applicable, then, for each year or portion thereof to becredited at the time of purchase, the member shall pay an amount equal to theactuarial equivalent cost.
2. If a member other than a member described in subdivision 1 does notpurchase, or enter into a purchase of service contract for, the service madeavailable in subsection B within three years from his first date of hire orwithin three years of the final day of any leave of absence under subdivisionB 2, as applicable, then, for each year or portion thereof to be credited atthe time of purchase, the member shall pay an amount equal to the actuarialequivalent cost.
3. When a member requests credit for a portion of the period, the most recentportion shall be credited. Payment may be made in a lump sum at the time ofpurchase or by an additional payroll deduction. Only one additional deductionshall be permitted at any time. Should the additional deduction be terminatedprior to purchasing the entire period that might otherwise be credited, themember shall be credited with the number of additional months of service forwhich full payment is made. If the additional deduction is continued beyondthe point at which the entire period has been purchased, the member shall becredited with no more than the entire period that might otherwise have beencredited and the excess amount deducted shall be refunded to the member.
Any employer may elect to pay an equivalent amount in lieu of all membercontributions required of its employees for the purpose of service creditpursuant to this section. These contributions shall not be considered wagesfor purposes of Chapter 7 (§ 51.1-700 et seq.) of this title, nor shall theybe considered to be salary for purposes of this chapter.
B. 1. Any member in service may purchase prior service credit for (i) activeduty military service in the armed forces of the United States, provided thatthe discharge from a period of active duty status with the armed forces wasnot dishonorable, (ii) creditable service of another state or of a politicalsubdivision or public school system of this or another state, as certified bysuch state, political subdivision or public school system, (iii) creditableservice of a political subdivision of this state not credited to the memberunder an agreement as provided for in § 51.1-143.1, as certified by suchpolitical subdivision, (iv) civilian service of the United States, (v)creditable service at a private institution of higher education if theprivate institution is merged with a public institution of higher educationand graduates of the private institution are then issued new degrees from thepublic institution, or (vi) any period of time when the member was employedby a participating employer and not otherwise eligible to participate in theretirement system because the member was not an employee as defined in §51.1-124.3.
For purposes of this subsection "active duty military service" meansfull-time service of at least 180 consecutive days in the United States Army,Navy, Air Force, Marines, Coast Guard, or reserve components thereof.
2. Any member (i) granted a leave of absence for educational purposes maypurchase service credit for such leave of absence; or (ii) granted any unpaidleave of absence due to the birth or adoption of a child may purchase up toone year of service credit per occurrence of leave.
C. Any member in service may purchase service credit for creditable servicelost from ceasing to be a member under this chapter, as provided in §51.1-128, because of the withdrawal of his accumulated contributions.Notwithstanding any other provision in this section, the cost to purchasesuch service shall be five percent of his creditable compensation or fivepercent of his average final compensation, whichever is greater, unless themember in service is purchasing such service through a pre-tax or post-taxdeduction, in which case the cost to purchase each year, or portion thereof,of such service shall be five percent of his creditable compensation. If themember purchases or enters into a contract to purchase such service withinthree years of the date he became eligible to purchase the service, then theservice may be purchased in a lump sum at the time of purchase or through anadditional payroll deduction. Any purchase of such service made at a timelater than such period shall be made in a lump sum at the time of purchase.
D. Any member in service may purchase service credit for accumulated sickleave on his effective date of retirement based upon such sums as theemployer may provide as payment for any unused sick leave balances. The costof service credit purchased under this subsection shall be the actuarialequivalent cost of such service.
E. In any case where member and employer contributions, as required underthis chapter, were not made because of an error in the payroll, personnel, orother classification system of an employer participating in the retirementsystem, service that has not been credited because of such error may bepurchased on the following basis:
1. The most recent three years of service shall be purchased, usingapplicable member and employer contribution rates and creditable compensationin effect for such period, in a manner and cost prescribed by the Board; and
2. All other years of service the employer shall purchase at an actuarialequivalent cost.
F. The service credit to be credited to a member under this section shall becalculated at the ratio of one year, or portion thereof, of service credit toone year, or portion thereof, of service purchased, except for part-timeservice purchased under clause (vi) of subdivision B 1 which shall becalculated at the ratio of one month of service credit for each 173 hours ofservice as certified by the employer and as purchased by the member. Up to amaximum of four years of service credit may be purchased for each of clauses(i) through (vi) of subdivision B 1 and clause (i) and (ii) of subdivision B2. In addition, a member in service may purchase service credit for everyyear or portion thereof for service lost from cessation of membership asdescribed in subsection C.
Except as otherwise required by Chapter 1223 of Title 10 of the United StatesCode, the service credit made available under this section may not bepurchased if, before being purchased or at the time of such purchase pursuantto this section, the service to be purchased is service that is included inthe calculation of any retirement allowance received or to be received by themember from this or another retirement system.
G. Any member may receive credit at no cost for service rendered in the armedforces of the United States provided (i) the member was on leave of absencefrom a covered position, (ii) the discharge from a period of active duty withthe armed forces was not dishonorable, (iii) the member has not withdrawn hisaccumulated contributions, (iv) the member is not disabled or killed while onleave without pay while performing active duty military service in the armedforces of the United States, and (v) the member reenters service in a coveredposition within one year after discharge from the armed forces. In order toreceive such service, the member must complete such forms and otherrequirements as are required by the Board and the retirement system.
(2001, cc. 686, 697; 2003, c. 7; 2005, c. 292; 2006, c. 635; 2007, c. 89;2008, c. 27; 2009, c. 362; 2010, cc. 737, 738.)
§ 51.1-142.2. Prior service or membership credit for certain members; servicecredit for accumulated sick leave.
Certain members may purchase credit for service as provided in this section.
A. Except as provided in subdivisions 1 and 2, in order to receive credit forthe service made available in subsection B, a member in service shall berequired to make a payment for each year, or portion thereof, to be creditedat the time of purchase, equal to five percent of his creditable compensationor five percent of his average final compensation, whichever is greater,unless the member in service is purchasing the service made available insubsection B through a pre-tax or post-tax deduction, in which case the costto purchase each year, or portion thereof, of such service shall be fivepercent of his creditable compensation.
1. (For applicability date, see Editor's note) A person who becomes a memberon or after July 1, 2010, shall pay an amount equal to a rate approximatingthe normal cost for the retirement program under which the member is covered,with such rate for each retirement program to be determined by the Board, andreviewed by the Board no less than every six years. However, if the memberdoes not purchase, or enter into a purchase of service contract for theservice made available in subsection B within one year from his first date ofhire or within one year of the final day of any leave of absence undersubdivision B 2, as applicable, then, for each year or portion thereof to becredited at the time of purchase, the member shall pay an amount equal to theactuarial equivalent cost.
2. If a member other than a member described in subdivision 1 does notpurchase, or enter into a purchase of service contract for, the service madeavailable in subsection B within three years from his first date of hire orwithin three years of the final day of any leave of absence under subdivisionB 2, as applicable, then, for each year or portion thereof to be credited atthe time of purchase, the member shall pay an amount equal to the actuarialequivalent cost.
3. When a member requests credit for a portion of the period, the most recentportion shall be credited. Payment may be made in a lump sum at the time ofpurchase or by an additional payroll deduction. Only one additional deductionshall be permitted at any time. Should the additional deduction be terminatedprior to purchasing the entire period that might otherwise be credited, themember shall be credited with the number of additional months of service forwhich full payment is made. If the additional deduction is continued beyondthe point at which the entire period has been purchased, the member shall becredited with no more than the entire period that might otherwise have beencredited and the excess amount deducted shall be refunded to the member.
Any employer may elect to pay an equivalent amount in lieu of all membercontributions required of its employees for the purpose of service creditpursuant to this section. These contributions shall not be considered wagesfor purposes of Chapter 7 (§ 51.1-700 et seq.) of this title, nor shall theybe considered to be salary for purposes of this chapter.
B. 1. Any member in service may purchase prior service credit for (i) activeduty military service in the armed forces of the United States, provided thatthe discharge from a period of active duty status with the armed forces wasnot dishonorable, (ii) creditable service of another state or of a politicalsubdivision or public school system of this or another state, as certified bysuch state, political subdivision or public school system, (iii) creditableservice of a political subdivision of this state not credited to the memberunder an agreement as provided for in § 51.1-143.1, as certified by suchpolitical subdivision, (iv) civilian service of the United States, (v)creditable service at a private institution of higher education if theprivate institution is merged with a public institution of higher educationand graduates of the private institution are then issued new degrees from thepublic institution, or (vi) any period of time when the member was employedby a participating employer and not otherwise eligible to participate in theretirement system because the member was not an employee as defined in §51.1-124.3.
For purposes of this subsection "active duty military service" meansfull-time service of at least 180 consecutive days in the United States Army,Navy, Air Force, Marines, Coast Guard, or reserve components thereof.
2. Any member (i) granted a leave of absence for educational purposes maypurchase service credit for such leave of absence; or (ii) granted any unpaidleave of absence due to the birth or adoption of a child may purchase up toone year of service credit per occurrence of leave.
C. Any member in service may purchase service credit for creditable servicelost from ceasing to be a member under this chapter, as provided in §51.1-128, because of the withdrawal of his accumulated contributions.Notwithstanding any other provision in this section, the cost to purchasesuch service shall be five percent of his creditable compensation or fivepercent of his average final compensation, whichever is greater, unless themember in service is purchasing such service through a pre-tax or post-taxdeduction, in which case the cost to purchase each year, or portion thereof,of such service shall be five percent of his creditable compensation. If themember purchases or enters into a contract to purchase such service withinthree years of the date he became eligible to purchase the service, then theservice may be purchased in a lump sum at the time of purchase or through anadditional payroll deduction. Any purchase of such service made at a timelater than such period shall be made in a lump sum at the time of purchase.
D. Any member in service may purchase service credit for accumulated sickleave on his effective date of retirement based upon such sums as theemployer may provide as payment for any unused sick leave balances. The costof service credit purchased under this subsection shall be the actuarialequivalent cost of such service.
E. In any case where member and employer contributions, as required underthis chapter, were not made because of an error in the payroll, personnel, orother classification system of an employer participating in the retirementsystem, service that has not been credited because of such error may bepurchased on the following basis:
1. The most recent three years of service shall be purchased, usingapplicable member and employer contribution rates and creditable compensationin effect for such period, in a manner and cost prescribed by the Board; and
2. All other years of service the employer shall purchase at an actuarialequivalent cost.
F. The service credit to be credited to a member under this section shall becalculated at the ratio of one year, or portion thereof, of service credit toone year, or portion thereof, of service purchased, except for part-timeservice purchased under clause (vi) of subdivision B 1 which shall becalculated at the ratio of one month of service credit for each 173 hours ofservice as certified by the employer and as purchased by the member. Up to amaximum of four years of service credit may be purchased for each of clauses(i) through (vi) of subdivision B 1 and clause (i) and (ii) of subdivision B2. In addition, a member in service may purchase service credit for everyyear or portion thereof for service lost from cessation of membership asdescribed in subsection C.
Except as otherwise required by Chapter 1223 of Title 10 of the United StatesCode, the service credit made available under this section may not bepurchased if, before being purchased or at the time of such purchase pursuantto this section, the service to be purchased is service that is included inthe calculation of any retirement allowance received or to be received by themember from this or another retirement system.
G. Any member may receive credit at no cost for service rendered in the armedforces of the United States provided (i) the member was on leave of absencefrom a covered position, (ii) the discharge from a period of active duty withthe armed forces was not dishonorable, (iii) the member has not withdrawn hisaccumulated contributions, (iv) the member is not disabled or killed while onleave without pay while performing active duty military service in the armedforces of the United States, and (v) the member reenters service in a coveredposition within one year after discharge from the armed forces. In order toreceive such service, the member must complete such forms and otherrequirements as are required by the Board and the retirement system.
(2001, cc. 686, 697; 2003, c. 7; 2005, c. 292; 2006, c. 635; 2007, c. 89;2008, c. 27; 2009, c. 362; 2010, cc. 737, 738.)
§ 51.1-142.2. Prior service or membership credit for certain members; servicecredit for accumulated sick leave.
Certain members may purchase credit for service as provided in this section.
A. Except as provided in subdivisions 1 and 2, in order to receive credit forthe service made available in subsection B, a member in service shall berequired to make a payment for each year, or portion thereof, to be creditedat the time of purchase, equal to five percent of his creditable compensationor five percent of his average final compensation, whichever is greater,unless the member in service is purchasing the service made available insubsection B through a pre-tax or post-tax deduction, in which case the costto purchase each year, or portion thereof, of such service shall be fivepercent of his creditable compensation.
1. (For applicability date, see Editor's note) A person who becomes a memberon or after July 1, 2010, shall pay an amount equal to a rate approximatingthe normal cost for the retirement program under which the member is covered,with such rate for each retirement program to be determined by the Board, andreviewed by the Board no less than every six years. However, if the memberdoes not purchase, or enter into a purchase of service contract for theservice made available in subsection B within one year from his first date ofhire or within one year of the final day of any leave of absence undersubdivision B 2, as applicable, then, for each year or portion thereof to becredited at the time of purchase, the member shall pay an amount equal to theactuarial equivalent cost.
2. If a member other than a member described in subdivision 1 does notpurchase, or enter into a purchase of service contract for, the service madeavailable in subsection B within three years from his first date of hire orwithin three years of the final day of any leave of absence under subdivisionB 2, as applicable, then, for each year or portion thereof to be credited atthe time of purchase, the member shall pay an amount equal to the actuarialequivalent cost.
3. When a member requests credit for a portion of the period, the most recentportion shall be credited. Payment may be made in a lump sum at the time ofpurchase or by an additional payroll deduction. Only one additional deductionshall be permitted at any time. Should the additional deduction be terminatedprior to purchasing the entire period that might otherwise be credited, themember shall be credited with the number of additional months of service forwhich full payment is made. If the additional deduction is continued beyondthe point at which the entire period has been purchased, the member shall becredited with no more than the entire period that might otherwise have beencredited and the excess amount deducted shall be refunded to the member.
Any employer may elect to pay an equivalent amount in lieu of all membercontributions required of its employees for the purpose of service creditpursuant to this section. These contributions shall not be considered wagesfor purposes of Chapter 7 (§ 51.1-700 et seq.) of this title, nor shall theybe considered to be salary for purposes of this chapter.
B. 1. Any member in service may purchase prior service credit for (i) activeduty military service in the armed forces of the United States, provided thatthe discharge from a period of active duty status with the armed forces wasnot dishonorable, (ii) creditable service of another state or of a politicalsubdivision or public school system of this or another state, as certified bysuch state, political subdivision or public school system, (iii) creditableservice of a political subdivision of this state not credited to the memberunder an agreement as provided for in § 51.1-143.1, as certified by suchpolitical subdivision, (iv) civilian service of the United States, (v)creditable service at a private institution of higher education if theprivate institution is merged with a public institution of higher educationand graduates of the private institution are then issued new degrees from thepublic institution, or (vi) any period of time when the member was employedby a participating employer and not otherwise eligible to participate in theretirement system because the member was not an employee as defined in §51.1-124.3.
For purposes of this subsection "active duty military service" meansfull-time service of at least 180 consecutive days in the United States Army,Navy, Air Force, Marines, Coast Guard, or reserve components thereof.
2. Any member (i) granted a leave of absence for educational purposes maypurchase service credit for such leave of absence; or (ii) granted any unpaidleave of absence due to the birth or adoption of a child may purchase up toone year of service credit per occurrence of leave.
C. Any member in service may purchase service credit for creditable servicelost from ceasing to be a member under this chapter, as provided in §51.1-128, because of the withdrawal of his accumulated contributions.Notwithstanding any other provision in this section, the cost to purchasesuch service shall be five percent of his creditable compensation or fivepercent of his average final compensation, whichever is greater, unless themember in service is purchasing such service through a pre-tax or post-taxdeduction, in which case the cost to purchase each year, or portion thereof,of such service shall be five percent of his creditable compensation. If themember purchases or enters into a contract to purchase such service withinthree years of the date he became eligible to purchase the service, then theservice may be purchased in a lump sum at the time of purchase or through anadditional payroll deduction. Any purchase of such service made at a timelater than such period shall be made in a lump sum at the time of purchase.
D. Any member in service may purchase service credit for accumulated sickleave on his effective date of retirement based upon such sums as theemployer may provide as payment for any unused sick leave balances. The costof service credit purchased under this subsection shall be the actuarialequivalent cost of such service.
E. In any case where member and employer contributions, as required underthis chapter, were not made because of an error in the payroll, personnel, orother classification system of an employer participating in the retirementsystem, service that has not been credited because of such error may bepurchased on the following basis:
1. The most recent three years of service shall be purchased, usingapplicable member and employer contribution rates and creditable compensationin effect for such period, in a manner and cost prescribed by the Board; and
2. All other years of service the employer shall purchase at an actuarialequivalent cost.
F. The service credit to be credited to a member under this section shall becalculated at the ratio of one year, or portion thereof, of service credit toone year, or portion thereof, of service purchased, except for part-timeservice purchased under clause (vi) of subdivision B 1 which shall becalculated at the ratio of one month of service credit for each 173 hours ofservice as certified by the employer and as purchased by the member. Up to amaximum of four years of service credit may be purchased for each of clauses(i) through (vi) of subdivision B 1 and clause (i) and (ii) of subdivision B2. In addition, a member in service may purchase service credit for everyyear or portion thereof for service lost from cessation of membership asdescribed in subsection C.
Except as otherwise required by Chapter 1223 of Title 10 of the United StatesCode, the service credit made available under this section may not bepurchased if, before being purchased or at the time of such purchase pursuantto this section, the service to be purchased is service that is included inthe calculation of any retirement allowance received or to be received by themember from this or another retirement system.
G. Any member may receive credit at no cost for service rendered in the armedforces of the United States provided (i) the member was on leave of absencefrom a covered position, (ii) the discharge from a period of active duty withthe armed forces was not dishonorable, (iii) the member has not withdrawn hisaccumulated contributions, (iv) the member is not disabled or killed while onleave without pay while performing active duty military service in the armedforces of the United States, and (v) the member reenters service in a coveredposition within one year after discharge from the armed forces. In order toreceive such service, the member must complete such forms and otherrequirements as are required by the Board and the retirement system.
(2001, cc. 686, 697; 2003, c. 7; 2005, c. 292; 2006, c. 635; 2007, c. 89;2008, c. 27; 2009, c. 362; 2010, cc. 737, 738.)
