Bill Text: VA HB791 | 2012 | Regular Session | Chaptered
Bill Title: Virginia Retirement System; technical changes to programs administered.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-09 - Governor: Acts of Assembly Chapter text (CHAP0696) [HB791 Detail]
Download: Virginia-2012-HB791-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That §§51.1-142.2, 51.1-161, 51.1-207, 51.1-218, 51.1-505, and 51.1-512 of the Code of Virginia are amended and reenacted as follows: §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. 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. Any number of additional deductions may be permitted at any time. Should any 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 full or partial months of service for which full payment is made. If any 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.) 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 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 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. F. In any case where member and employer contributions, as required under this chapter, were not made because of an error in the payroll, personnel, or other classification system of an employer participating in the retirement system, service that has not been credited because of such error may be purchased on the following basis: 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. G. The service credit to be credited to a member under this section shall be calculated at the ratio of one year, or portion thereof, of service credit to one year, or portion thereof, of service purchased, except for part-time service purchased under clause (vi) of subdivision B 1 which shall be calculated at the ratio of one month of service credit for each 173 hours of service as certified by the employer and as purchased by the member. Up to a maximum of four years of service credit may be purchased for each of clauses (i) through (vi) of subdivision B 1 and clauses (i) and (ii) of subdivision B 2. In addition, a member in service may purchase service credit for every year or portion thereof for service lost from cessation of membership as described in subsection C. 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. H. Any member may receive credit at no cost for service rendered in the armed forces of the United States provided (i) the member was on leave of absence from a covered position, (ii) the discharge from a period of active duty with the armed forces was not dishonorable, (iii) the member has not withdrawn his accumulated contributions, (iv) the member is not disabled or killed while on leave without pay while performing active duty military service in the armed forces of the United States, and (v) the member reenters service in a covered position within one year after discharge from the armed forces. In order to receive such service, the member must complete such forms and other requirements as are required by the Board and the retirement system. §51.1-161. Withdrawal of contributions before retirement. A. 1. Any member who has five or more years of creditable
service, who ceases to be an employee, other than by death or retirement, may
receive a refund of his accumulated contributions reduced by the amount of any
retirement allowance previously received by him under any of the provisions of 2. Any member who has less than five years of creditable service, who ceases to be an employee other than by death or involuntary separation due to causes other than job performance or misconduct, as determined by the employer in its sole discretion, shall have such refund reduced by that portion of his accumulated contributions that were paid by his employer on his behalf on or after July 1, 2010. Such reduction shall be transferred to the retirement allowance account of each employer who paid such contributions on a pro rata basis. B. Accumulated contributions shall be refunded to a member upon retirement for disability only from a cause that is compensable under the Virginia Workers' Compensation Act (§65.2-100 et seq.) or to his designated beneficiary upon the death of the member from a cause that is compensable under the Virginia Workers' Compensation Act. C. If a member becomes covered by an optional retirement plan
established under §51.1-207. 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 same order of precedence as set forth in subsection A of §51.1-162. 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 on a form prepared by the Board, signed and filed in a manner prescribed by the Board. The designation may be changed by the member by the written designation of some other person, signed and filed 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 same order of precedence as set forth in subsection A of §51.1-162. 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, a retirement allowance shall be paid to the person 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 same order of precedence as set forth in subsection B of §
51.1-162. 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 fiftieth birthday,
then, for purposes of this subsection, the member shall be presumed to be age 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, shall equal 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 §51.1-218. 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 same order of precedence as set forth in subsection A of §51.1-162. 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 on a form prepared by the Board, signed by the member, and filed with the Board. The designation may be changed by the member by the written designation of some other person, signed and filed with 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 same order of precedence as set forth in subsection A of §51.1-162. 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, a retirement allowance shall be paid to the person 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 same order of precedence as set forth in subsection B of §
51.1-162. 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 fiftieth birthday,
then, for purposes of this subsection, the member shall be presumed to be age 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 shall be paid to the member's parents, divided in a manner determined by the Board, during the lives of the parents. 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, shall equal 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 §51.1-505. Amounts of life and accident insurance for each employee; reduction and termination of insurance. A. Each employee to whom this chapter applies shall, subject
to the terms and conditions thereof, be eligible to be insured for an amount of
group life insurance plus an amount of group accidental death and dismemberment
insurance, each amount equal to twice the amount of his annual salary. If an
employee's annual salary is not an even multiple of $1,000, his annual salary
for purposes of this section shall be considered to be the next higher $1,000.
For purposes of this section, the annual salary of a member of the General
Assembly shall be his creditable compensation for his last full calendar year
of service or his salary under §30-19.11, whichever is greater, and shall
include the full amount of any salaries payable to such member for working in
covered positions, regardless of whether such salaries were paid, reduced, or
not paid because of such member's service in the General Assembly. The annual
salary for an employee retired for service or disability on an immediate
retirement allowance may be adjusted by the Board in accordance with the
provisions of Chapter 1 (§51.1-124.1 et seq.) Subject to the conditions and limitations of the group insurance policy, the accidental death and dismemberment insurance shall provide payments as follows:
For any one accident, the aggregate amount of accidental death and dismemberment insurance that may be paid shall not exceed the maximum amount of accidental death and dismemberment insurance determined in accordance with this section. Notwithstanding the provisions of §51.1-124.8, the amount of life insurance for which an employee shall be eligible shall be equal to twice the amount of his annual salary without regard to the date of the employee's qualification for a retirement allowance. B. The amount of life insurance on an employee who retires for
service on an immediate retirement allowance or who elects to postpone the
receipt of his retirement allowance to some date other than his last day of
service shall be the amount set forth in subsection A, reduced by an amount
equal to 25 percent thereof on the January 1 following the first full year from
the date the employee is separated from service and each January 1 thereafter.
The amount of life insurance on an employee who retires for disability on an
immediate retirement allowance shall be the amount set forth in subsection A on
the date the employee last rendered service reduced by an amount equal to 25
percent thereof on January 1 following the first full year from the date the
employee attains Any employee who was denied membership in the Retirement System because of having attained age 60 at the time of being employed or reemployed and who has five or more years of service immediately prior to separation from service shall retain the life insurance coverage as though he had retired on an immediate retirement allowance. C. For any employee The provisions of subsection B providing a reduction in the amount of life insurance shall apply to the amount of group life insurance as determined under this subsection for such employees with at least 20 years of creditable service. D. The amount of life insurance for an employee who is retired
for disability on an immediate retirement allowance, who also has attained age
55, and who elects to receive a retirement allowance as set forth in subsection
C of §51.1-160, shall be reduced as set forth in subsection B E. All accidental death and dismemberment insurance on an
employee shall cease upon the earliest of (i) his separation from service F. Except in case of retirement as provided in subsections B,
C, and D Except as provided in subsection C, the amount of life insurance on each insured employee who retires shall be determined under the provisions of this chapter as it exists on the employee's date of retirement. G. Each employee of a state institution of higher education or of a local school board who remains in service until the completion of the school year and who makes contributions required to provide insurance coverage until service normally will be resumed the beginning of the next school year shall be deemed to be in service as an employee through the period to which the payments apply. If the employee is retired for service or disability during this period, contributions made by the employee shall be accepted and retained as proper. Each state employee of a public institution of higher education or a teaching hospital affiliated with a public institution of higher education who (i) is employed pursuant to a contract (a) that is for a term of employment of at least nine months and (b) that does not coincide with the normal scholastic year, (ii) remains in service until the completion of the contract year, and (iii) makes contributions required to provide insurance coverage until service normally will be resumed at the beginning of the next contract year shall be deemed to be in service as an employee through the period to which the payments apply. If the employee is retired for service or disability during this period, contributions made by the employee shall be accepted and retained as proper. H. The limit of 24 months of leave without pay, after which
accidental death and dismemberment insurance and life insurance shall cease,
referred to in subsections E and F I. The provisions of this section shall apply to all members of the Virginia Retirement System who, on and after July 1, 1995, are covered under the group life insurance program created pursuant to this section and whose effective date of retirement is (i) before July 1, 1970, or (ii) on and after July 1, 1970. §51.1-512. Optional life insurance. A. The Board shall, under the terms and conditions specified by the Board, make available to each active insured employee optional life, accidental death, and dismemberment insurance in incremental additional amounts not to exceed a maximum amount determined by the Board. Such maximum shall be reviewed at least once every five calendar years by the actuary of the Virginia Retirement System and increased by the Board upon the recommendation of the actuary. The amount recommended by the actuary shall be based upon the annual increases in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the United States Department of Labor. B. The optional life, accidental death, and dismemberment insurance shall be made available to each active insured employee under conditions prescribed by the Board. The conditions prescribed by the Board shall provide that offering the optional insurance does not materially increase the rates for any group life insurance policy provided pursuant to §51.1-505. C. All optional insurance on an employee shall cease upon the earlier of (i) the date the employee's basic coverage ceases or (ii) the date insurance being continued in retirement terminates pursuant to subsections D and E. D. The optional amount of life insurance in force on 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
employee attains E. The optional amount of life insurance in force on an
employee who retires for service on an immediate retirement allowance, or for
an employee who retired for disability on an immediate retirement allowance and
who attains F. 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. G. The amount of optional life, accidental death, and dismemberment insurance in force on any employee at the date of his death shall be paid as provided in this chapter. H. 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. 2. That §51.1-140 of the Code of Virginia is repealed. |