Code of Virginia

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Code of Virginia
Title 51.1. Pensions, Benefits, and Retirement
Chapter 4. Provisions Coordinating Past and Present Retirement Plans
7/23/2021

Chapter 4. Provisions Coordinating Past and Present Retirement Plans.

§ 51.1-400. Definitions.

The definitions listed in §§ 51.1-124.3, 51.1-201, and 51.1-301 shall apply to this chapter except as otherwise provided.

1990, c. 832.

§ 51.1-401. Accumulated contributions under abolished system.

The accumulated contributions of the members of the abolished system shall be refunded to the persons entitled to the contributions. No interest shall accumulate after February 1, 1952. Until refunded or otherwise disposed of, such funds, interests therein, and rights thereto shall not be subject to legal, judicial, or other process.

1952, c. 1, § 51-111.68; 1990, c. 832.

§ 51.1-402. Continuation of benefits; amount of life insurance.

A. Any former teachers retired under the provisions of Chapter 36 of the Code of 1919, any former members of the abolished system retired under the provisions of that system, any members or former members of the Virginia Retirement System, the State Police Officers' Retirement System, or the Judicial Retirement System who retired under the provisions of the applicable system or who were eligible to receive benefits under the provisions of the applicable system as it existed prior to July 1, 1990, and any beneficiaries of such members shall continue to receive the benefits to which they were entitled or to which they would have become entitled prior to July 1, 1990, except that all provisions of Chapter 722 of the 1980 Acts of Assembly, as amended, shall no longer be applicable to those members with all service rendered after March 31, 1980.

B. All persons who were members of the systems established by Chapters 2, 2.1, and 2.2 of Title 51 immediately prior to July 1, 1970, shall be entitled to all rights and benefits to which they or their beneficiaries were or would have been entitled to thereunder and shall be entitled to all rights and benefits to which they or their beneficiaries were or would have been entitled under the provisions of Chapter 7 of Title 51 as it existed prior to July 1, 1990.

C. The amount of life insurance on each insured employee who retired prior to July 1, 1990, shall be determined under the provisions of the group insurance program in existence on the employee's date of retirement.

1952, c. 1, § 51-111.68; c. 343, § 51-111.70; c. 362, § 51-111.69; 1954, c. 404; 1956, c. 441; 1958, c. 582; 1960, c. 604, § 51-111.67:4; 1962, c. 43, c. 291, § 51-111.70:1; 1964, cc. 275, 594; 1966, c. 174; 1968, c. 725; 1970, cc. 476, 774; 1971, Ex. Sess., c. 89; 1974, c. 353; 1975, cc. 306, 309; 1976, c. 654; 1977, c. 620; 1978, c. 841; 1980, cc. 595, 637, 638; 1981, c. 151; 1982, cc. 467, 639; 1984, c. 430; 1986, c. 474; 1990, c. 832; 1992, c. 811.

§ 51.1-403. Service retirement allowance.

A. Member contributions. -- Any member who was a former member of the abolished system, who transferred his accumulated contributions to the retirement system, and who has not withdrawn such contributions may, at the time of filing his notice of retirement, deposit in his member's contribution account an amount which will increase his total retirement allowance to an amount not greater than the largest amount obtainable under the applicable provisions of subsection C of this section.

B. Normal retirement guarantee. -- The retirement allowance payable upon normal retirement to a former member of the abolished system who transferred his accumulated contributions to the retirement system and who has not withdrawn his contributions prior to retirement shall not be less than the service retirement allowance to which the member would have been entitled under the provisions of the abolished system if he had continued contributions in the amount in effect on the date the system was abolished. In the case of a member with thirty or more years of creditable service, the larger of such allowance or $2,036.28 annually shall be paid.

C. Early retirement guarantee. -- The retirement allowance payable upon early retirement to a former member of the abolished system who transferred his accumulated contributions to the retirement system and who has not withdrawn his contributions prior to retirement, and who would have qualified prior to normal retirement for a service retirement allowance under the abolished system, shall, prior to the member's sixty-fifth birthday, not be less than the service retirement allowance that would have been payable under the provisions of the abolished system. After the member's sixty-fifth birthday, it shall not be less than the larger of such allowance or $2,036.28 annually.

D. Determination of retirement allowance. -- For the purposes of this section, the retirement allowance shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected.

1952, c. 157, §§ 51-111.46, 51-111.55; 1956, c. 560; 1960, cc. 138, 604; 1962, c. 417; 1964, c. 223; 1966, c. 174; 1970, c. 476; 1972, cc. 118, 568; 1973, c. 523; 1974, c. 353; 1976, c. 538; 1977, c. 620; 1978, c. 841; 1984, c. 430; 1987, cc. 13, 14; 1990, c. 832.

§ 51.1-404. Disability retirement.

A. Disability retirement guarantee. -- The disability allowance payable to a former member of the abolished system who transferred his accumulated contributions to the retirement system and who has not withdrawn such contributions prior to retirement shall not be less than $2,036.28 annually.

B. Minimum disability retirement allowance. -- Effective five months after the effective date of retirement, the amount of annual retirement allowance shall equal $1,000 or twenty-five percent of the average final compensation of the member, whichever is larger. Except for members of the Judicial Retirement System, any member with twenty or more years of creditable service at the time of retirement shall, effective five months after the effective date of retirement, receive a retirement allowance of not less than $2,036.28 annually.

C. Determination of retirement allowance. -- For the purposes of this section, the retirement allowance shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected.

1952, c. 157, § 51-111.57; 1956, cc. 560, 652; 1960, c. 604; 1962, c. 245; 1964, c. 186; 1966, c. 174; 1970, c. 476; 1971, Ex. Sess., c. 88; 1972, c. 568; 1973, c. 523; 1974, c. 353; 1976, c. 541; 1986, c. 474; 1990, c. 832.

§ 51.1-405. Special retirement guarantee.

The retirement allowance payable to any member of the State Police Officers' Retirement System who was in service on June 30, 1966, and who retires on or after his normal retirement date shall equal two percent of his average final compensation multiplied by his years of creditable service not in excess of twenty-five years. If a member retires prior to his normal retirement date, his allowance shall be determined in the same manner; however, the allowance shall be reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the normal retirement date. For the purposes of this section, the retirement allowance shall be determined on the assumption that it is payable to the member alone and that no optional retirement allowance is elected.

Code 1950, §§ 51-135, 51-151; 1950, p. 885; 1954, c. 139; 1956, c. 562; 1966, c. 628; 1968, c. 647; 1970, c. 657; 1972, c. 568; 1973, cc. 290, 523; 1974, c. 353; 1976, cc. 525, 538; 1978, c. 841; 1981, c. 393; 1984, c. 430; 1986, c. 73; 1989, c. 484; 1990, c. 832.