51.1-124.3 - Definitions.
§ 51.1-124.3. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Abolished system" means the Virginia Retirement Act, §§ 51-30 through51-111, repealed by Chapter 1 of the Acts of Assembly of 1952.
"Accumulated contributions" means the sum of all amounts deducted from thecompensation of a member and credited to his individual account in themember's contribution account, all amounts the member may contribute topurchase creditable service, all member contributions contributed by theemployer on behalf of the employee, on or after July 1, 1980, except thoseamounts contributed on behalf of members of the General Assembly who areotherwise retired under the provisions of this chapter, and all interestaccruing to these funds. If a member is retired for disability from a causewhich is compensable under the Virginia Workers' Compensation Act (§ 65.2-100et seq.), dies in service prior to retirement, or requests a refund ofcontributions in accordance with § 51.1-161, "accumulated contributions"shall include all member contributions paid by the employer on behalf of themember on and after July 1, 1980, and all interest which would have accruedto these funds.
"Actuarial equivalent" means a benefit of equal value when computed uponthe basis of actuarial tables adopted by the Board.
"Average final compensation" means the average annual creditablecompensation of a member during his 36 highest consecutive months ofcreditable service or during the entire period of his creditable service ifless than 36 months. However, for any person who becomes a member on or afterJuly 1, 2010, "average final compensation" means the average annualcreditable compensation of a member during his 60 highest consecutive monthsof creditable service or during the entire period of his creditable serviceif less than 60 months.
If a member ceased employment prior to July 1, 1974, "average finalcompensation" means the average annual creditable compensation during thefive highest consecutive years of creditable service.
"Beneficiary" means any person entitled to receive benefits under thischapter.
"Board" means the Board of Trustees of the Virginia Retirement System.
"Creditable compensation" means the full compensation payable annually toan employee working full time in his covered position. For any state employeeof a public institution of higher education or a teaching hospital affiliatedwith a public institution of higher education who is (i) compensated on asalaried basis, and (ii) working full time in a covered position pursuant toa contract of employment for a period of at least nine months, creditablecompensation means the full compensation payable over the term of anycontract entered into between the employee and the employer, without regardto whether or not the term of the contract coincides with the normalscholastic year. However, if the contract is for more than one year,creditable compensation means that compensation paid for the current year ofthe contract.
Remuneration received by members of the General Assembly not otherwiseretired under the provisions of this chapter pursuant to §§ 30-19.11 and30-19.12 shall be deemed creditable compensation. In addition, for any memberof the General Assembly, creditable compensation shall include the fullamount of salaries payable to such member for working in covered positions,regardless of whether a contractual salary is reduced and not paid to suchmember because of service in the General Assembly.
"Creditable service" means prior service as set forth in § 51.1-142.2 plusmembership service for which credit is allowable.
"Employee" means any teacher, state employee, officer, or employee of alocality participating in the Retirement System.
"Employer" means the Commonwealth in the case of a state employee, thelocal public school board in the case of a teacher, or the politicalsubdivision participating in the Retirement System.
"Joint Rules Committee" means those members of the House of Delegates andthe Senate designated by the Speaker of the House and the Chairman of theSenate Committee on Rules, respectively, to meet with each other and to actjointly on behalf of the Committee on Rules for each house.
"Local officer" means the treasurer, commissioner of the revenue, attorneyfor the Commonwealth, clerk of a circuit court, or sheriff of any county orcity, or deputy or employee of any such officer.
"Medical Board" means the board of physicians as provided by this chapter.
"Member" means any person included in the membership of the RetirementSystem.
"Membership service" means service as an employee rendered while acontributing member of the Retirement System except as provided in thischapter.
"Normal retirement date" means a member's sixty-fifth birthday. However,for any person who becomes a member on or after July 1, 2010, under thischapter his normal retirement date shall be the date that the member attainshis "retirement age" as defined under the Social Security Act (42 U.S.C. §416 et seq., as now or hereafter amended).
"Person who becomes a member on or after July 1, 2010," means a person whois not a member of a retirement plan administered by the Virginia RetirementSystem the first time he is hired on or after July 1, 2010, in a coveredposition. Subsequent separation from such position and subsequent employmentin a covered position shall not alter the status of a person who becomes amember on or after July 1, 2010.
"Political subdivision" means any county, city, or town, any politicalentity, subdivision, branch, or unit of the Commonwealth, or any commission,public authority, or body corporate created by or under an act of the GeneralAssembly specifying the powers, privileges, or authority capable of exerciseby the commission, public authority, or body corporate.
"Primary social security benefit" means, with respect to any member, theprimary insurance amount to which the member is entitled, for old age ordisability, as the case may be, pursuant to the provisions of the federalSocial Security Act as in effect at his date of retirement, under theprovisions of this chapter except as otherwise specifically provided.
"Prior service" means service rendered prior to becoming a member of theRetirement System.
"Purchase of service contract" means a contract entered into by the memberand the Retirement System for the purchase of service credit by the member asprovided in § 51.1-142.2.
"Retirement allowance" means the retirement payments to which a member isentitled.
"Retirement plan administered by the Virginia Retirement System" means aretirement plan established under this title administered by the VirginiaRetirement System, or by an agency that has been delegated administrativeresponsibility by the Virginia Retirement System, but such term shall excludeany plan established under Chapter 6 (§ 51.1-600 et seq.) or Chapter 6.1 (§58.1-607 et seq.) of this title.
"Retirement System" means the Virginia Retirement System.
"Service" means service as an employee.
"State employee" means any person who is regularly employed full time on asalaried basis, whose tenure is not restricted as to temporary or provisionalappointment, in the service of, and whose compensation is payable, no moreoften than biweekly, in whole or in part, by the Commonwealth or anydepartment, institution, or agency thereof. "State employee" shall includeany faculty member, but not including adjunct faculty, of a publicinstitution of higher education (a) who is compensated on a salary basis, (b)whose tenure is not restricted as to temporary or provisional appointment,and (c) who regularly works at least 20 hours but less than 40 hours per week(or works the equivalent of one-half of a full time equivalent position)engaged in the performance of teaching, administrative, or research duties atsuch institution; such faculty member shall be deemed an eligible employeefor purposes of the retirement provisions under §§ 51.1-126, 51.1-126.1, and51.1-126.3. "State employee" shall also include the Governor, LieutenantGovernor, Attorney General, and members of the General Assembly but shall notinclude (i) any local officer, (ii) any employee of a political subdivisionof the Commonwealth, (iii) individuals employed by the Department for theBlind and Vision Impaired pursuant to § 51.5-72, (iv) any member of the StatePolice Officers' Retirement System, (v) any member of the Judicial RetirementSystem, or (vi) any member of the Virginia Law Officers' Retirement System.
"Teacher" means any person who is regularly employed full time on asalaried basis as a professional or clerical employee of a county, city, orother local public school board.
(1952, c. 157, §§ 51-111.10, 51-111.31; 1954, cc. 241, 497; 1956, c. 98;1956, Ex. Sess., c. 64; 1958, c. 367; 1960, cc. 400, 604; 1966, cc. 174, 175;1970, c. 779; 1971, Ex. Sess., cc. 88, 185; 1972, cc. 568, 708; 1973, cc.322, 523, 545, 546; 1974, cc. 353, 484; 1975, cc. 296, 597, 611; 1976, cc.581, 678, 699; 1977, c. 620; 1980, c. 722, § 51-111.10:01; 1982, cc. 467,478; 1984, c. 430; 1986, c. 474; 1987, c. 392; 1990, c. 832, § 51.1-101;1992, cc. 811, 826; 1993, c. 895; 1994, cc. 4, 85, 876; 1996, cc. 711, 731;1999, cc. 929, 974; 2000, c. 911; 2001, cc. 686, 697; 2003, c. 628; 2005, cc.933, 945; 2007, c. 89; 2010, cc. 737, 738.)