Virginia SB 83: Judicial retirement; increases mandatory age from 73 to 75.

Bill Text

2022SESSION
INTRODUCED
22101421D
1 SENATEBILLNO.83
2 OfferedJanuary12,2022
3 PrefiledJanuary5,2022
4 A BILL to amend and reenact § 51.1-305 of the Code of Virginia, relating to the mandatory judicial
5 retirement age.
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Patron––Stanley
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8 ReferredtoCommitteeontheJudiciary
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §51.1-305 of the Code of Virginia is amended and reenacted as follows:
12 §51.1-305. Service retirement generally.
13 A. Normal retirement. –– Any member in service at his normal retirement date with five or more
14 years of creditable service may retire upon written notification to the Board setting forth the date the
15 retirement is to become effective.
16 B. Early retirement. –– Any member in service who has either (i) attained his fifty-fifth birthday
17 with five or more years of creditable service or (ii) in the case of a member of any of the previous
18 systems immediately prior to July 1, 1970, complied with the requirements for retirement set forth under
19 the provisions of such previous system as in effect immediately prior to July 1, 1970, may retire upon
20 written notification to the Board setting forth the date the retirement is to become effective.
21 B1. Mandatory retirement. –– Any member who attains 73 75 years of age shall be retired 20 days
22 after the convening of the next regular session of the General Assembly following his seventy-third
23 seventy-fifth birthday.
24 C. Deferred retirement for members terminating service. –– Any member who terminates service
25 after five or more years of creditable service may retire under the provisions of subsection A or B of
26 this section, if he has not withdrawn his accumulated contributions prior to the effective date of his
27 retirement or if he has five or more years of creditable service for which his employer has paid the
28 contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any
29 requirements as to the member being in service shall not apply.
30 D. Effective date of retirement. –– The effective date of retirement shall be after the last day of
31 service of the member, but shall not be more than 90 days prior to the filing of the notice of retirement.
32 E. Notification of retirement. –– In addition to the notice to the Board required by this section, the
33 same notice shall be given by the member to his appointing authority. If a member is physically or
34 mentally unable to submit written notification of his intention to retire, the member's appointing
35 authority may submit notification to the Board on his behalf.
36 2. That any sitting judge who has attained 73 years of age and is subject to mandatory retirement
37 during the 2022 Regular Session of the General Assembly, and who submitted a notice of
38 retirement on or after July 1, 2021, but has not already retired, may revoke his notice of
39 retirement by written request to the Board and appointing authority. Any certification of need to
40 fill the vacancy previously determined by the Judicial Council or Committee on District Courts
41 based on the original notice of retirement shall subsequently be revoked.
42 3. That an emergency exists and this act is in force from its passage.
INTRODUCED
SB83
7/29/22
18:21