2020 Uncodified Acts

2020 Virginia Uncodified Acts
11/27/2020

CHAPTER 896

An Act to amend and reenact § 6, as amended, of Chapter 303 of the Acts of Assembly of 1944, relating to Fairfax County; policemen's retirement system.

[S 652]

Approved April 8, 2020

 

Be it enacted by the General Assembly of Virginia:

1. That § 6, as amended, of Chapter 303 of the Acts of Assembly of 1944 is amended and reenacted as follows:

§ 6. A police officer shall become a member of the policemen's retirement system upon the first day he becomes a full full-time or part-time employee, provided that the Board first determines that it desires to receive a part-time employee into the system. A member shall receive service credit for military leave, provided that he returns to full-time employment within 90 days of discharge and such discharge is other than dishonorable. A member shall receive service credit while on service connected service-connected total or partial disability as defined in § 8. A member shall not receive service credit while on nonservice connected nonservice-connected total or partial disability, as defined in § 8. A member shall receive service credit for prior employment as a police officer with the county, provided that he shall return his contributions previously paid plus interest at the yearly rates earned by the system during the period the member's contributions had been withdrawn. The Board may, in its discretion, accept a return of a member’s contribution on an installment basis on terms and conditions set by the Board. Each member may be allowed credit for accrued sick leave upon making application for retirement under this section or § 6(b) at the rate of one month for each one hundred seventy-two 172 hours of accrued sick leave. In determining benefits, the Board shall grant same in the same manner as if the member had been employed during that period of time.

Under such rules and regulations as are adopted by the governing body of the county, any person who has been a member of another county retirement system of such county and who withdraws therefrom and becomes a member of the policemen's retirement system may purchase membership service credit for service rendered while a member of such other county retirement system by paying into the policemen's retirement system all contributions that would have been due from the person had the person been a member of the policemen's retirement system for each of the years for which membership service credit is sought.

A member who has attained the compulsory retirement age of sixty 60 and has twenty-five 25 years of service credit shall be retired forthwith by the Board; provided, however, that upon approval of the Board, members employed prior to the effective date of this article who have not attained twenty-five 25 years of service credit may continue in service until they attain twenty-five 25 years of service credit. Any member who has twenty-five 25 years of service credit prior to attaining the compulsory retirement age of sixty 60 years may return retire then or thereafter until his sixtieth birthdate upon written notification to the Board, setting forth at what time the retirement is to become effective; provided, that such effective date shall be after his last day of service, but shall not be more than ninety 90 days subsequent to giving such notice. Any member eligible for retirement under this paragraph with twenty-five 25 years of service credit shall receive sixty per centum 60 percent of his average annual salary. The average annual salary is to be determined by taking the sum of the salary received during the last three years of active service and dividing said sum by three. In the event that a member has more than twenty-five 25 years of service credit, he shall receive an additional two per centum percent per year of his average annual salary for each year of service in excess of twenty-five 25 years, but in no event shall his total compensation exceed sixty-six 66 and two-thirds per centum percent of his average annual salary.