51.1-216 - Service retirement generally.
§ 51.1-216. Service retirement generally.
A. Normal retirement.
1. Any employee commencing employment or reemployment on or after July 1,2001, and any employee who makes the election provided in § 51.1-221, who isa member in service in any retirement program administered by the VirginiaRetirement System at his normal retirement date with five or more years ofcreditable service (i) as a member in the retirement system established bythis chapter, (ii) as a member in the retirement system established byChapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning thebenefits permitted by § 51.1-138, may retire upon written notification to theBoard, setting forth the date the retirement is to become effective.
Effective December 31, 2003, any employee in service on June 30, 2002, andJuly 1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§51.1-200 et seq.) of this title, or this chapter shall not be subject to thevesting requirements of this section, and §§ 51.1-138 and 51.1-205.
2. Any other employee who is a member in service at his normal retirementdate with five or more years of creditable service (i) as a member in theretirement system established by this chapter, (ii) as a member in theretirement system established by Chapter 2 (§ 51.1-200 et seq.) of thistitle, or (iii) while earning the benefits permitted by § 51.1-138 may retireupon written notification to the Board, setting forth the date the retirementis to become effective.
Effective December 31, 2003, any employee in service on June 30, 2002, andJuly 1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§51.1-200 et seq.) of this title, or this chapter shall not be subject to thevesting requirements of this section, and §§ 51.1-138 and 51.1-205.
B. Early retirement.
1. Any employee commencing employment or reemployment on or after July 1,2001, and any employee who makes the election provided in § 51.1-221, who isa member in service in any retirement program administered by the VirginiaRetirement System other than the program established by this chapter shallretire pursuant to the early retirement provisions of the retirement programof which he is a member at the time of retirement.
Effective December 31, 2003, any employee in service on June 30, 2002, andJuly 1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§51.1-200 et seq.) of this title, or this chapter shall not be subject to thevesting requirements of this section, and §§ 51.1-138 and 51.1-205.
2. Any other employee who is a member in service and who has attained hisfiftieth birthday with five or more years of creditable service (i) as amember in the retirement system established by this chapter, (ii) as a memberin the retirement system established by Chapter 2 (§ 51.1-200 et seq.) ofthis title, or (iii) while earning the benefits permitted by § 51.1-138 mayretire upon written notification to the Board setting forth the date theretirement is to become effective.
Effective December 31, 2003, any employee in service on June 30, 2002, andJuly 1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§51.1-200 et seq.) of this title, or this chapter shall not be subject to thevesting requirements of this section, and §§ 51.1-138 and 51.1-205.
C. Deferred retirement for members terminating service.
1. Any employee commencing employment or reemployment on or after July 1,2001, and any employee who makes the election provided in § 51.1-221, whoterminates service from any position with membership in any retirementprogram administered by the Virginia Retirement System, may retire under theprovisions of subdivision A 1 or B 1 if (i) he is otherwise eligible for suchbenefits, (ii) he has not withdrawn his accumulated contributions prior tothe effective date of his retirement, and (iii) he has five or more years ofcreditable service (a) as a member in the retirement system established bythis chapter, (b) as a member in the retirement system established by Chapter2 (§ 51.1-200 et seq.) of this title, or (c) while earning the benefitspermitted by § 51.1-138 for which his employer has paid the contributions andsuch contributions cannot be withdrawn. For the purposes of this subsection,any requirements as to the member being in service shall not apply. No membershall be entitled to the benefits of this subsection if his employercertifies that his service was terminated because of dishonesty, malfeasance,or misfeasance in office. The certification may be appealed to the Board.
Effective December 31, 2003, any employee in service on June 30, 2002, andJuly 1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§51.1-200 et seq.) of this title, or this chapter shall not be subject to thevesting requirements of this section, and §§ 51.1-138 and 51.1-205.
2. Any other member who terminates service after five or more years ofcreditable service (i) as a member in the retirement system established bythis chapter, (ii) as a member in the retirement system established byChapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning thebenefits permitted by § 51.1-138 may retire under the provisions ofsubdivision A 2 or B 2 if he has not withdrawn his accumulated contributionsprior to the effective date of his retirement or if he has five or more yearsof creditable service (a) as a member in the retirement system established bythis chapter, (b) as a member in the retirement system established by Chapter2 (§ 51.1-200 et seq.) of this title, or (c) while earning the benefitspermitted by § 51.1-138 for which his employer has paid the contributions andsuch contributions cannot be withdrawn. For the purposes of this subsection,any requirements as to the member being in service shall not apply. No membershall be entitled to the benefits of this subsection if his employercertifies that his service was terminated because of dishonesty, malfeasance,or misfeasance in office. The certification may be appealed to the Board.
Effective December 31, 2003, any employee in service on June 30, 2002, andJuly 1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§51.1-200 et seq.) of this title, or this chapter shall not be subject to thevesting requirements of this section, and §§ 51.1-138 and 51.1-205.
D. Effective date of retirement. - The effective date of retirement shall beafter the last day of service, but shall not be more than 90 days prior tothe filing of the notice of retirement.
E. Notification on behalf of member. - If the member is physically ormentally unable to submit written notification of his intention to retire,the member's appointing authority may submit notification on his behalf.
(1999, c. 585; 2000, cc. 66, 657, 911; 2001, c. 804; 2002, c. 466; 2004, c.83.)