51.1-303 - Creditable service.
§ 51.1-303. Creditable service.
A. For those members in service on December 31, 1994, service as a judgeshall be multiplied by a factor of 3.5, the weighted years of service factor,to calculate years of creditable service. To calculate years of creditableservice for those members appointed or elected to an original term commencingon or after January 1, 1995, service as a judge shall be multiplied by theweighted years of service factor of 2.5. To calculate years of creditableservice for those members appointed or elected to an original term commencingon or after July 1, 2010, the following formula shall be used: if (i) themember was less than 45 years old at the time he was appointed or elected tosuch original term, then service as a judge shall be multiplied by theweighted years of service factor of 1.5, (ii) the member was at least 45years old but less than 55 years old at the time he was appointed or electedto such original term, then service as a judge shall be multiplied by theweighted years of service factor of 2.0, and (iii) the member was at least 55years old at the time he was appointed or elected to such original term, thenservice as a judge shall be multiplied by the weighted years of servicefactor of 2.5. For purposes of this section, "original term" means thefirst term for which the member was appointed or elected to a positioncovered by the Judicial Retirement System.
B. Service qualifying for credit under the provisions of the VirginiaRetirement System, the State Police Officers' Retirement System, and theVirginia Law Officers' Retirement System shall be included as creditableservice for the purposes of this chapter, provided the requirements of thosesystems for crediting service have been complied with. Service purchased inaccordance with the provisions of § 51.1-142.2 shall not be considered indetermining the actuarial equivalent for early retirement nor shall it beconsidered twice in determining any disability allowance payable under thischapter.
C. If a member ceases to be a judge, has not received a refund of theaccumulated contributions credited to his member's contribution account, andaccepts employment in a position covered by the Virginia Retirement System,he shall be entitled to credit for his previous creditable service under thischapter. The amount of service transferred to the credit of the member in theVirginia Retirement System shall not exceed the amount of credit which wouldprovide a benefit of 78 percent of average final compensation determined onthe assumption that the member was eligible for normal retirement as of thedate of transfer and that he had elected no optional allowance. Futureretirement rights shall be as provided in the Virginia Retirement System.
(1970, c. 779, § 51-163; 1973, c. 546; 1974, c. 484; 1976, c. 654; 1977, c.620; 1986, c. 474; 1990, c. 832; 1992, c. 811; 1994, cc. 821, 899; 2000, c.911; 2004, c. 672; 2010, cc. 737, 738.)