Virginia HB 56: Virginia Retirement System; enhanced retirement benefits for juvenile detention specialists.

Bill Text

2022SESSION
INTRODUCED
22102441D
1 HOUSEBILLNO.56
2 OfferedJanuary12,2022
3 PrefiledJanuary3,2022
4 A BILL to amend and reenact § 51.1-138 of the Code of Virginia, relating to Virginia Retirement
5 System; juvenile detention specialists.
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Patron––Wiley
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8 ReferredtoCommitteeonAppropriations
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §51.1-138 of the Code of Virginia is amended and reenacted as follows:
12 §51.1-138. Benefits.
13 A. Employees who become members under this article and on whose behalf contributions are paid as
14 provided in this article shall be entitled to benefits under the retirement system.
15 B. By resolution legally adopted and approved by the Board, the employer may elect to provide
16 benefits equivalent to those provided under the State Police Officers' Retirement System, as set out in
17 Chapter 2 (§ 51.1-200 et seq.) of this title except for § 51.1-209, and except that the employer may
18 elect to establish the retirement allowance pursuant to the allowance provided in clause (i) or (ii) in
19 subsection A of § 51.1-206, in lieu of the benefits that would otherwise be provided hereunder for any
20 employees who are employed in (i) law-enforcement positions comparably hazardous to that of a state
21 police officer, including any sworn law-enforcement officer who has the duty and obligation to enforce
22 the penal and traffic laws of this Commonwealth as directed by his superior officer, if so certified by his
23 appointing authority, (ii) positions as full-time salaried fire fighters, (iii) positions as full-time salaried
24 emergency medical technicians, or (iv) positions as regional jail superintendents and jail officers of
25 regional jail farms, regional jails or jail authorities, as approved by the respective jail board or authority
26 and by the participating political subdivisions of such entities, and (v) positions as juvenile detention
27 specialists at a detention home or secure facility, as those terms are defined in § 16.1-228, having duties
28 similar to a correctional officer employed at a juvenile correction facility, as the term is defined in
29 § 66-25.3. Sheriffs of political subdivisions and superintendents of regional jails which participate in the
30 retirement system shall receive benefits equivalent to those of state police officers, except for the
31 benefits provided under § 51.1-209, regardless of whether the employer has elected to provide equivalent
32 benefits as set out in this subsection.
33 C. Each employer providing the benefits of subsection B for its employees prior to July 1, 1990,
34 may elect to provide for the early retirement of employees as set forth in this subsection in lieu of the
35 early retirement and death before retirement provisions of the State Police Officers' Retirement System.
36 Such election must be made to the Board in writing prior to July 1, 1990. Any member in service on or
37 after his fifty-fifth birthday with five or more years of creditable service (i) while earning the benefits
38 permitted by this section, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200
39 et seq.) of this title, or (iii) as a member in the retirement system established by Chapter 2.1 (§ 51.1-211
40 et seq.) of this title may retire upon written notification to the Board setting forth at what time the
41 retirement is to become effective. The effective date shall be after his last day of service but shall not be
42 more than 90 days prior to the filing of such notice. The member shall receive an allowance that shall
43 be determined in the same manner as for retirement at an employee's normal retirement with creditable
44 service and average final compensation being determined as of the date of his actual retirement. If the
45 member has less than 30 years of service at retirement, the amount of the retirement allowance shall be
46 reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the
47 earlier of (a) the member's normal retirement date or (b) the first date on or after the member's fifty-fifth
48 birthday on which the member would have completed a total of 30 years of creditable service. Effective
49 December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with
50 five or more years of creditable service rendered under this chapter and earning the benefits permitted
51 by this section, Chapter 2 (§ 51.1-200 et seq.), or Chapter 2.1 (§ 51.1-211 et seq.) of this title shall not
52 be subject to the vesting requirements of this section, and §§51.1-205 and 51.1-216.
53 Members retiring under the provisions of this subsection shall be entitled to receive post-retirement
54 supplements as provided in § 51.1-166. In computing the amount of any supplement, any additional
55 allowances being paid under the provisions of subsection B of § 51.1-206 shall be disregarded. In the
56 case