HB 1029

            
2020 SESSION

20103070D

HOUSE BILL NO. 1029


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 51.1-155.1 
 of the Code of Virginia, relating to early retirement; constitutional officers.
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Patron-- Adams, L.R.

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Referred to Committee on Appropriations

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 51.1-155.1 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 51.1-155.1. Exceptions from general early retirement 
 provisions for certain state employees and constitutional officers.
 
 
A. The provisions of this subsection apply to any member of 
 the retirement system (i) whose position is described by subdivision 1 (except 
 a member of the Judicial Retirement System (� 51.1-300 et seq.)), 2 (except a 
 member of the Judicial Retirement System (� 51.1-300 et seq.)), 3, 4 (except an 
 officer elected by popular vote), 7, 13, 14, 15, 16, 17, or 20 of � 2.2-2905; 
 (ii) who is an agency head appointed by a state board, state commission, or 
 state council; or (iii) who is a school division superintendent appointed by a 
 school board pursuant to � 22.1-60, and (a) who is involuntarily separated from 
 state service and (b) who has 20 or more years of creditable service at the 
 date of separation. Such member may retire with the retirement allowance as 
 provided in subdivision A 1 of � 51.1-155 upon attaining age 50, provided, 
 however, that if (1) the member is a person who becomes a member on or after 
 July 1, 2010, (2) the member does not have at least 60 months of creditable 
 service as of January 1, 2013, or (3) the member is enrolled in the hybrid 
 retirement program described in � 51.1-169, then the member may retire with the 
 retirement allowance as provided in subdivision A 1 of � 51.1-155 upon 
 attaining age 60.
 
 
B. The provisions of this subsection apply to any member of 
 the retirement system who (i) serves as chief executive officer of an 
 interstate commission pursuant to Virginias participation in such commission; 
 (ii) is involuntarily separated from service; and (iii) has 20 or more years of 
 creditable service at the date of separation. Such member may retire without 
 the reduction in retirement allowance required by subdivision A 2 of � 51.1-155 
 upon attaining age 50, provided, however, that if (a) the member is a person 
 who becomes a member on or after July 1, 2010, (b) the member does not have at 
 least 60 months of creditable service as of January 1, 2013, or (c) the member 
 is enrolled in the hybrid retirement program described in � 51.1-169, then the 
 member may retire without the reduction in retirement allowance required by 
 subdivision A 2 of � 51.1-155 upon attaining age 60.
 
 
C. The provisions of this subsection apply to any member of 
 the retirement system who (i) serves as a constitutional officer, (ii) is 
 involuntarily separated from service because his office is lawfully abolished, 
 and (iii) has 20 or more years of creditable service at the date of separation. 
 Such member may retire with the retirement allowance as provided in subdivision 
 A 1 of � 51.1-155, upon attaining age 50, provided, however, that if (a) the 
 member is a person who becomes a member on or after July 1, 2010, (b) the 
 member does not have at least 60 months of creditable service as of January 1, 
 2013, or (c) the member is enrolled in the hybrid retirement program described 
 in � 51.1-169, then the member may retire with the retirement allowance as 
 provided in subdivision A 1 of � 51.1-155 upon attaining age 60. The provisions of this subsection shall also apply 
 to a member of the retirement system who serves as a 
 constitutional officer in 
 a city at the time that the city reverts to town status pursuant to 
 Chapter 41 (� 15.2-4100 et seq.) of 
 Title 15.2, regardless of the 
 age or number of years of creditable service of the member at the time of the 
 entry of the order of reversion.
 
 
D. For the purposes of this section, except for subsection C, 
 "involuntary separation" means any dismissal, requested resignation, 
 or failure to obtain reappointment, except in case of a conviction for a felony 
 or crime involving moral turpitude or dishonesty.
 
 
E. Any state employee who retires under the provisions of this 
 section on or after January 1, 1994, shall be eligible to participate in the 
 state health insurance program as provided in � 2.2-2818 and receive group life 
 insurance benefits as provided in � 51.1-505.