51.1-205 - Service retirement generally.
§ 51.1-205. Service retirement generally.
A. Normal retirement. - Any member in service at his normal retirement datewith 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 2.1 (§ 51.1-211 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. Any member, except one appointed by the Governor orelected by the people, who attains 70 years of age shall be retired within 60days of attaining age 70. Any employer, subsequent to the employee's normalretirement date, may provide for compulsory service retirement upon adetermination that age is a bona fide occupational qualification reasonablynecessary to the normal operation of the particular business or that theemployee is incapable of performing his duties in a safe and efficientmanner. Any such determination shall be made by the employer.
Effective December 31, 2003, any member in service on June 30, 2002, and July1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.), this chapter, or Chapter 2.1(§ 51.1-211 et seq.) of this title shall not be subject to the vestingrequirements of this section, and §§ 51.1-138 and 51.1-216.
B. Early retirement. - Any member in service who has attained his fiftiethbirthday 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 2.1 (§ 51.1-211 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 member in service on June 30, 2002, and July1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.), this chapter, or Chapter 2.1(§ 51.1-211 et seq.) of this title shall not be subject to the vestingrequirements of this section, and §§ 51.1-138 and 51.1-216.
C. Deferred retirement for members terminating service. - Any member whoterminates service after 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 2.1 (§ 51.1-211 et seq.) ofthis title, or (iii) while earning the benefits permitted by § 51.1-138, mayretire under the provisions of subsection A, B, or D of this section if hehas not withdrawn his accumulated contributions prior to the effective dateof his retirement or if he has five or more years of creditable service (a)as a member in the retirement system established by this chapter, (b) as amember in the retirement system established by Chapter 2.1 (§ 51.1-211 etseq.) of this title, or (c) while earning the benefits permitted by §51.1-138, regardless of termination date, for which his employer has paid thecontributions and such contributions cannot be withdrawn. For the purposes ofthis subsection, any requirements as to the member being in service shall notapply. No member shall be entitled to the benefits of this subsection if hisemployer certifies that his service was terminated because of dishonesty,malfeasance, or misfeasance in office. The certification may be appealed tothe Board.
Effective December 31, 2003, any member in service on June 30, 2002, and July1, 2002, who is credited with five or more years of creditable servicerendered under Chapter 1 (§ 51.1-100 et seq.), this chapter, or Chapter 2.1(§ 51.1-211 et seq.) of this title shall not be subject to the vestingrequirements of this section, and §§ 51.1-138 and 51.1-216.
D. Effective date of retirement. - The effective date of retirement shall beafter the last day of service of the member, but shall not be more than 90days prior to the 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.
(Code 1950, §§ 51-134, 51-150; 1950, p. 884; 1954, c. 139; 1956, c. 562;1962, c. 585; 1966, c. 628; 1970, c. 657; 1977, c. 620; 1982, c. 427; 1984,c. 430; 1986, c. 474; 1988, c. 222; 1989, c. 484; 1990, c. 832; 1995, cc.152, 692, 811; 1996, c. 997; 1999, c. 111; 2000, cc. 66, 657, 911; 2002, c.466; 2004, c. 83; 2005, c. 146; 2008, c. 28.)