Bill Text: VA HB1795 | 2011 | Regular Session | Chaptered
Bill Title: Retirement System; difference in benefits for employee who becomes member on or after July 1, 2010.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-29 - Governor: Acts of Assembly Chapter text (CHAP0880) [HB1795 Detail]
Download: Virginia-2011-HB1795-Chaptered.html
|
Be it enacted by the General Assembly of Virginia: 1. That §§2.2-3204, 51.1-142.2, 51.1-155.1, 51.1-155.2, 51.1-162, 51.1-512.1, 51.1-1112, 51.1-1123, and 51.1-1128 of the Code of Virginia are amended and reenacted as follows: §2.2-3204. Retirement program. A. In lieu of the transitional severance benefit provided in §
2.2-3203, any otherwise eligible employee who, on the date of involuntary
separation, is also (i) a vested member of the Virginia Retirement System, the
State Police Officers' Retirement System, or the Virginia Law Officers'
Retirement System and (ii) at least fifty years of age, may elect to have the
Commonwealth purchase on his behalf years to be credited to either his age or
creditable service or a combination of age and creditable service, except that
any years of credit purchased on behalf of a member of the Virginia Retirement
System, the State Police Officers' Retirement System, or the Virginia Law
Officers' Retirement System who is eligible for unreduced retirement shall be
added to his creditable service and not his age. If the otherwise eligible
employee is (a) a person who becomes a member on or after July 1, 2010, (b) not
a member of the State Police Officers' Retirement System or the Virginia Law
Officers' Retirement System, and (c) a person to whom the provisions of
subdivision B 3 of §51.1-153 do not apply, then he must be at least sixty
years of age on the date of involuntary separation to be eligible for the
retirement program provided in this subsection. The cost of each year of
age or creditable service purchased by the Commonwealth shall be equal to
fifteen percent of the employee's present annual compensation. The number of
years of age or creditable service to be purchased by the Commonwealth shall be
equal to the quotient obtained by dividing B. In lieu of the (i) transitional severance benefit provided in §2.2-3203 and (ii) the retirement program provided in subsection A, any employee who is otherwise eligible may take immediate retirement pursuant to § 51.1-155.1. C. 1. The retirement allowance for a person who (i) is not a member of the State Police Officers' Retirement System or the Virginia Law Officers' Retirement System, (ii) becomes a member on or after July 1, 2010, electing to retire under this section, and (iii) by adding years to his age is between ages sixty and the age at his "normal retirement date" as defined in § 51.1-124.3 shall be reduced on the actuarial basis provided in subdivision A 3 of §51.1-155, unless the provisions of subdivision B 3 of §51.1-153 apply to him. 2. The retirement allowance for any other employee
electing to retire under this section who, by adding years to his age, is
between ages fifty-five and sixty-five §51.1-142.2. Prior service or membership credit for certain members; service credit 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 for the service made available in subsection B, a member in service shall be required to make a payment for each year, or portion thereof, to be credited at the time of purchase, equal to five percent of his creditable compensation or five percent of his average final compensation, whichever is greater, unless the member in service is purchasing the service made available in subsection B through a pre-tax or post-tax deduction, in which case the cost to purchase each year, or portion thereof, of such service shall be five percent of his creditable compensation. 1. (For applicability date, see Editor's note) A person who becomes a member on or after July 1, 2010, shall pay an amount equal to a rate approximating the 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, and reviewed by the Board no less than every six years. However, if the member does not purchase, or enter into a purchase of service contract for the service made available in subsection B within one year from his first date of hire or within one year of the final day of any leave of absence under subdivision B 2, as applicable, then, for each year or portion thereof to be credited at the time of purchase, the member shall pay an amount equal to the actuarial equivalent cost. 2. If a member other than a member described in subdivision 1 does not purchase, or enter into a purchase of service contract for, the service made available in subsection B within three years from his first date of hire or within three years of the final day of any leave of absence under subdivision B 2, as applicable, then, for each year or portion thereof to be credited at the time of purchase, the member shall pay an amount equal to the actuarial equivalent cost. 3. When a member requests credit for a portion of the period, the most recent portion shall be credited. Payment may be made in a lump sum at the time of purchase or by an additional payroll deduction. Only one additional deduction shall be permitted at any time. Should the additional deduction be terminated prior to purchasing the entire period that might otherwise be credited, the member shall be credited with the number of additional months of service for which full payment is made. If the additional deduction is continued beyond the point at which the entire period has been purchased, the member shall be credited with no more than the entire period that might otherwise have been credited and the excess amount deducted shall be refunded to the member. Any employer may elect to pay an equivalent amount in lieu of all member contributions required of its employees for the purpose of service credit pursuant to this section. These contributions shall not be considered wages for purposes of Chapter 7 (§51.1-700 et seq.) of this title, nor shall they be considered to be salary for purposes of this chapter. B. 1. Any member in service may purchase prior service credit for (i) active duty military service in the armed forces of the United States, provided that the discharge from a period of active duty status with the armed forces was not dishonorable, (ii) creditable service of another state or of a political subdivision or public school system of this or another state, as certified by such state, political subdivision or public school system, (iii) creditable service of a political subdivision of this state not credited to the member under an agreement as provided for in §51.1-143.1, as certified by such political subdivision, (iv) civilian service of the United States, (v) creditable service at a private institution of higher education if the private institution is merged with a public institution of higher education and graduates of the private institution are then issued new degrees from the public institution, or (vi) any period of time when the member was employed by a participating employer and not otherwise eligible to participate in the retirement system because the member was not an employee as defined in § 51.1-124.3. For purposes of this subsection "active duty military service" means full-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 may purchase service credit for such leave of absence; or (ii) granted any unpaid leave of absence due to the birth or adoption of a child may purchase up to one year of service credit per occurrence of leave. C. Any member in service may purchase service credit for creditable service lost 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 purchase such service shall be five percent of his creditable compensation or five percent of his average final compensation, whichever is greater, unless the member in service is purchasing such service through a pre-tax or post-tax deduction, in which case the cost to purchase each year, or portion thereof, of such service shall be five percent of his creditable compensation. If the member purchases or enters into a contract to purchase such service within three years of the date he became eligible to purchase the service, then the service may be purchased in a lump sum at the time of purchase or through an additional payroll deduction. Any purchase of such service made at a time later 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 sick leave on his effective date of retirement based upon such sums as the employer may provide as payment for any unused sick leave balances. The cost of service credit purchased under this subsection shall be the actuarial equivalent cost of such service. E. Any member receiving work-related disability benefits under Article 4 (§51.1-1119 et seq.) of Chapter 11 may, in a manner prescribed by the Board, purchase service credit for service that is not reported to the retirement system by the member's employer while the member is receiving short-term disability benefits. Notwithstanding any other provision in this section, the cost to purchase such service shall be five percent of the member's creditable compensation.
1. The most recent three years of service shall be purchased, using applicable member and employer contribution rates and creditable compensation in 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 actuarial equivalent cost.
Except as otherwise required by Chapter 1223 of Title 10 of the United States Code, the service credit made available under this section may not be purchased if, before being purchased or at the time of such purchase pursuant to this section, the service to be purchased is service that is included in the calculation of any retirement allowance received or to be received by the member from this or another retirement system.
§51.1-155.1. Exceptions from general early retirement provisions for certain state employees. A. Members of the retirement system (i) whose positions are
described by subdivision 1 (except members of the Judicial Retirement System (§
51.1-300 et seq.)), 2 (except members of the Judicial Retirement System (§
51.1-300 et seq.)), 3, 4 (except officers elected by popular vote), 7, 13, 14,
15, 16, 17, or 20 of §2.2-2905; (ii) who are agency heads appointed by a state
board, state commission, or state council; or (iii) who are school division
superintendents appointed by a school board pursuant to §22.1-60, and (a) who
are involuntarily separated from state service and (b) who have 20 or more
years of creditable service at the date of separation, may retire with the
retirement allowance as provided in subdivision A 1 of §51.1-155 B. Any member of the retirement system who (i) serves as chief
executive officer of an interstate commission pursuant to Virginia's
participation in such commission; (ii) is involuntarily separated from service;
and (iii) has 20 or more years of creditable service at the date of separation C. For the purposes of this section, "involuntary separation" means any dismissal, requested resignation, or failure to obtain reappointment, except in case of a conviction for a felony or crime involving moral turpitude or dishonesty. D. Any state employee who retires under the provisions of this section on or after January 1, 1994, shall be eligible to participate in the state health insurance program as provided in §2.2-2818 and receive group life insurance benefits as provided in §51.1-505. §51.1-155.2. Exceptions from general early retirement provisions for certain local government officials. A. Members of the retirement system who (i) are appointed
county administrator pursuant to §15.2-406 or 15.2-1540, urban county
executive pursuant to §15.2-804, county executive pursuant to §15.2-509,
county manager pursuant to §15.2-609 or 15.2-702, county administrator or city
or town manager pursuant to Chapter 15 (§15.2-1500 et seq.) of Title 15.2 or
county, city or town attorney pursuant to §15.2-1542; (ii) are involuntarily
separated from service; and (iii) have 20 or more years of creditable service
at the date of separation B. For the purposes of this section, "involuntary separation" means any dismissal, requested resignation, or failure to obtain reappointment, except in case of a conviction for a felony or crime involving moral turpitude or dishonesty. C. The cost of this provision shall be borne by the locality. §51.1-162. Death before retirement. A. If a member dies before retirement, and if no benefits are payable under subsection B, the amount of his accumulated contributions shall be paid to the designated beneficiary or to a surviving relative according to the order of precedence set forth in this section. This amount shall be reduced by the amount of any retirement allowance previously received by the member under this chapter or the abolished system. Each member shall designate who is to receive a refund of accumulated contributions credited to his account in the event of the death of the member prior to retirement. The designation must be made in a manner prescribed by the Board. If no designation has been made, or the death of the designated person occurs prior to the death of the member and another designation has not been made, the proceeds shall be paid to the persons surviving at the death of the member in the following order of precedence: First, to the spouse of the member; Second, if no surviving spouse, to the children of the member and descendants of deceased children, per stirpes; Third, if none of the above, to the parents of the member; Fourth, if none of the above, to the duly appointed executor or administrator of the estate of the member; Fifth, if none of the above, to other next of kin of the member entitled under the laws of the domicile of the member at the time of his death. B. If a member dies in service, including a member who is on leave without pay while performing active duty military service in the armed forces of the United States, and if no benefits are payable under subsection C of this section, a retirement allowance shall be paid to the person or persons designated as provided in subsection A of this section if the person is the member's (i) surviving spouse, (ii) minor child, or (iii) parent(s). If no designation has been made, or if the death of the designated person occurs prior to the death of the member and another designation has not been made, a retirement allowance shall be paid in the following order of precedence to the member's (a) surviving spouse, (b) minor children, or (c) parent(s). The retirement allowance shall be paid to the first person qualifying in the orders of precedence set out in this subsection. If more than one minor child survives the deceased member, the allowance shall be divided among them in a manner determined by the Board. If more than one parent survives the deceased member, the allowance shall be divided among them in a manner determined by the Board. The retirement allowance shall be continued during the lifetime of the person or in the case of a minor child until the child dies or attains the age of majority, whichever occurs first. The retirement allowance shall equal the decreased retirement allowance that would have been payable under the joint and survivor option so that the same amount would be continued to such person after the member's death. If the member dies prior to his fifty-fifth birthday, then, for purposes of this subsection, the member shall be presumed to be age fifty-five on his date of death. However, if the member who dies in service is a person who became a member on or after July 1, 2010, and he dies prior to his sixtieth birthday, then, for purposes of this subsection, the member shall be presumed to be age sixty on his date of death. When determining the allowance that would have been payable to the member had the member retired on the date of his death, the provisions of subdivision A 4 of §51.1-155 shall not apply. If the person elects in writing, the amount of the member's accumulated contributions or lump sum payment shall be paid to him exclusively, in lieu of any other benefits under this section. This amount shall be reduced by the amount of any retirement allowance previously received by the member under this chapter. C. If a member dies in service from a cause compensable under the Virginia Workers' Compensation Act (§65.2-100 et seq.), a retirement allowance shall be paid to the member's surviving spouse. If no compensation is finally awarded under the Virginia Workers' Compensation Act due to legal proceedings or otherwise resulting in settlement from the persons causing such death, the Virginia Workers' Compensation Commission shall determine whether the member's death was from a cause compensable under the Virginia Workers' Compensation Act. If the member leaves no surviving spouse or the surviving spouse dies, any minor children of the deceased member shall be paid an allowance until the children die or attain the age of majority, whichever occurs first. If more than one minor child survives the deceased member, the allowance shall be divided in a manner determined by the Board. If the deceased member leaves neither surviving spouse nor minor child, the allowance, divided in a manner determined by the Board, shall be paid to the member's parents during their lives. The retirement allowance payable hereunder to a qualifying survivor shall be the annual amount which when added to the compensation payable under the Virginia Workers' Compensation Act for the death of the member equals fifty percent of the member's average final compensation if the survivor does not qualify for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member. If the survivor qualifies for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member, the allowance payable from the retirement system when added to the compensation payable under the Virginia Workers' Compensation Act shall equal thirty-three and one-third percent of the member's average final compensation. Any beneficiary entitled to the entire amount of a retirement allowance under the provisions of this subsection as a result of the death of a member shall be entitled to waive his rights to the allowance by written notification to the Board within ninety days after the death of the member in order to make available a retirement allowance under the provisions of subsection B of this section. §51.1-512.1. Optional life insurance for the spouse and minor dependents of employees. A. The Board shall, under the terms and conditions specified by the Board, make available to any active insured employee optional life, accidental death, and dismemberment insurance on the employee's spouse and minor dependents in the following amounts: 1. For the spouse of an active insured employee: an amount up to fifty percent of the maximum amount of optional insurance available to the employee under §51.1-512. 2. For any minor dependent of an active insured employee in increments specified by the Board. The Board shall adjust these amounts periodically to account for changes in the purchasing power of money over time. B. All optional insurance on an employee's spouse shall cease
upon the earliest of (i) the date the employee's basic coverage ceases, (ii)
the entry of a final divorce decree terminating the marriage of the employee
and the employee's spouse, or (iii) the date the insurance being continued in
retirement terminates pursuant to subsections C and D. All optional insurance
on an employee's minor dependent shall cease upon the earliest of C. Subject to foregoing limitations, the optional amount of
life insurance in force on the spouse or minor dependent of an employee who
retires for disability on an immediate retirement allowance may be continued,
subject to payment of any required premium by the employee, during continuance
of such disability but not beyond the end of the month in which the D. Subject to the foregoing limitations, the optional amount
of life insurance in force on the spouse or minor dependent of an employee who
retires for service on an immediate retirement allowance, or for an employee
who retired for disability on an immediate retirement allowance E. The cost of the optional insurance shall be determined periodically by the Board on the basis it considers appropriate. The Board may discontinue the optional insurance plan at any time upon determination that employee participation is not sufficient to continue the plan on a sound actuarial basis. F. The amount of optional life, accidental death, and dismemberment insurance in force on an employee's spouse or minor dependent at the date of his or her death shall be paid as provided in this chapter. All accidental death and dismemberment insurance ceases at retirement. The amount of optional life insurance in force on the retiree's spouse or minor dependent at the date of his death shall be paid as provided in this chapter. G. The Board shall determine the form and content of the accounting reports to be made by the insurance company with respect to the optional insurance. Any expenses incurred by the Retirement System for operating and administering the optional insurance programs provided in this section may be recovered by the Board from the advance premium deposit reserve required by subsection B of §51.1-514. H. As used in this section, an employee's "minor
dependent" means a child member of the employee's or retiree's family who
is eligible for coverage under the family membership program offered under
policies and procedures of the Department of Human Resource Management governing
health insurance plans administered pursuant to §2.2-1204 or I. The provisions of this chapter applicable to the provision of group insurance policies to insure eligible employees or retirees shall apply to optional insurance insuring the spouses and minor dependents of eligible employees or retirees pursuant to this section, with the respective differences having been considered. §51.1-1112. Long-term disability benefit. A. Except as provided in subsection D of §51.1-1103, long-term disability benefits for participating employees shall commence upon the expiration of the maximum period for which the participating employee is eligible to receive short-term disability benefits under §51.1-1110. B. Except as provided in subsection D and §51.1-1131, long-term disability benefits shall provide income replacement in an amount equal to 60 percent of a participating employee's creditable compensation. C. Creditable compensation during periods an employee receives long-term disability benefits shall (i) not include salary increases awarded during the period covered by long-term disability benefits and (ii) be increased annually by an amount recommended by the actuary of the Virginia Sickness and Disability Program and approved by the Board. D. An employee's disability credits shall be used, on a day-for-day basis, to extend the period an employee receives long-term disability benefits paid at 100 percent of replacement of creditable compensation. E. Long-term disability benefits shall be payable only during periods of (i) total disability or (ii) partial disability. F. Unless otherwise directed, to be eligible for benefits under this section, the employee must apply for Social Security disability benefits. G. An employee who is approved for disability benefits on or
after §51.1-1123. Supplemental long-term disability benefit. A. Supplemental long-term disability benefits for participating employees shall commence upon the expiration of the maximum period for which the participating employee is eligible to receive short-term disability benefits under §51.1-1121. B. Except as provided in subsection D and §51.1-1131, supplemental long-term disability benefits shall provide income replacement in an amount equal to 60 percent of a participating employee's creditable compensation. C. Creditable compensation during periods an employee receives supplemental long-term disability benefits shall (i) not include salary increases awarded during the period covered by long-term disability benefits and (ii) be increased annually by an amount recommended by the program actuary and approved by the Board. D. An employee's disability credits shall be used, on a day-for-day basis, to extend the period an employee receives supplemental long-term disability benefits paid at 100 percent of replacement of creditable compensation. E. Payments of supplemental long-term disability benefits payable under this article shall be reduced by an amount equal to any benefits paid to the employee under the Act, for which the employee is entitled to receive under the Act, excluding any benefit for medical, legal or rehabilitation expenses. F. Supplemental long-term disability benefits shall be payable only during periods of total and partial disability. G. Unless otherwise directed, to be eligible for benefits under this section, the employee must apply for Social Security disability benefits. H. An employee who is approved for disability benefits on or
after §51.1-1128. Service retirement of participating full-time employees receiving supplemental disability benefits. A. Upon the last to occur of (i) the normal retirement date of a participating full-time employee receiving disability benefits who is a vested member of the retirement system or (ii) the date of cessation of benefits payable under the Act, the employee shall be eligible for normal retirement under subsection A of §51.1-153. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of §51.1-165. B. The retirement allowance for a participating full-time employee taking normal retirement pursuant to this section shall be determined as provided in subdivision A 1 of §51.1-155, provided that the employee's average final compensation shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the actuary of the Virginia Retirement System, and approved by the Board, from the date of the commencement of the disability to the date of retirement. C. The creditable service of a participating full-time employee taking normal retirement pursuant to this section shall include periods during which the employee received supplemental disability benefits, provided that such creditable service shall not include periods for which (i) the employee received supplemental short-term disability benefits, (ii) the employer did not report such creditable service to the retirement system, and (iii) the employee did not purchase such creditable service. |
