{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-124.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-124.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-124.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-124.13.html"}],"law_id":62876,"edition_id":1,"section_id":62876,"structure_id":14725,"section_number":"51.1-124.13","catch_line":"Loss of benefits; certain felony convictions","history":"2011, c. 483; 2012, cc. 56, 349.","full_text":"A\n\nNo person shall be entitled to any of the benefits of this title as provided in this section if (i) he is convicted of a felony and (ii) the person’s employer determines that the felony arose from misconduct occurring on or after July 1, 2011, in any position in which the person was a member covered for retirement purposes under any retirement system administered by the Board. Prior to making any such determination, the employer shall give the person reasonable prior written notice and provide an opportunity to be heard. The employer’s determination may be appealed in a manner consistent with subsection B, and no further proceedings shall follow the decision of the circuit court. The employer’s determination shall become final 10 calendar days after the date of the initial determination if no appeal is filed, or the date of the decision of the circuit court if an appeal is filed. A reversal by the circuit court of the employer’s determination shall render the determination null and void.B\n\nProceedings for review of the determination of the employer may be made by the member filing a notice of appeal within five workdays of receipt of the determination. Within five workdays thereafter, the employer shall transmit, to the clerk of the circuit court in the jurisdiction where the employer is located, a copy of the record. The court, on motion of the member, may issue a writ of certiorari requiring the employer to transmit the record on or before a certain date. Within 30 days of receipt of such records, the court, sitting without a jury, shall hear the appeal on the record and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the determination of the employer or may reverse or modify the determination. The decision of the court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. The decision of the court shall be final and shall not be appealable. The circuit court hearing shall be at no cost to the Commonwealth or the member.C\n\nThe Board shall implement the relinquishment of benefits under this title as soon as practicable after the employer notifies the Board of its final determination that the member’s felony conviction arose from misconduct in any position in which the member was a member in service.D\n\nIf the person is or becomes a member in service after relinquishment of benefits under subsection C, he shall be entitled to the benefits under this title based solely on his service occurring after the relinquishment.E\n\nNotwithstanding any provision of law to the contrary, any service credit lost from relinquishment of benefits under subsection C shall be ineligible for subsequent purchase.F\n\nThe governing body of any locality served by a constitutional officer shall be considered that officer’s employer for purposes of this section.","order_by":null,"text":{"0":{"id":229193,"text":"No person shall be entitled to any of the benefits of this title as provided in this section if (i) he is convicted of a felony and (ii) the person’s employer determines that the felony arose from misconduct occurring on or after July 1, 2011, in any position in which the person was a member covered for retirement purposes under any retirement system administered by the Board. Prior to making any such determination, the employer shall give the person reasonable prior written notice and provide an opportunity to be heard. The employer’s determination may be appealed in a manner consistent with subsection B, and no further proceedings shall follow the decision of the circuit court. The employer’s determination shall become final 10 calendar days after the date of the initial determination if no appeal is filed, or the date of the decision of the circuit court if an appeal is filed. A reversal by the circuit court of the employer’s determination shall render the determination null and void.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229194,"text":"Proceedings for review of the determination of the employer may be made by the member filing a notice of appeal within five workdays of receipt of the determination. Within five workdays thereafter, the employer shall transmit, to the clerk of the circuit court in the jurisdiction where the employer is located, a copy of the record. The court, on motion of the member, may issue a writ of certiorari requiring the employer to transmit the record on or before a certain date. Within 30 days of receipt of such records, the court, sitting without a jury, shall hear the appeal on the record and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require. The court may affirm the determination of the employer or may reverse or modify the determination. The decision of the court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. The decision of the court shall be final and shall not be appealable. The circuit court hearing shall be at no cost to the Commonwealth or the member.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229195,"text":"The Board shall implement the relinquishment of benefits under this title as soon as practicable after the employer notifies the Board of its final determination that the member’s felony conviction arose from misconduct in any position in which the member was a member in service.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229196,"text":"If the person is or becomes a member in service after relinquishment of benefits under subsection C, he shall be entitled to the benefits under this title based solely on his service occurring after the relinquishment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":229197,"text":"Notwithstanding any provision of law to the contrary, any service credit lost from relinquishment of benefits under subsection C shall be ineligible for subsequent purchase.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":229198,"text":"The governing body of any locality served by a constitutional officer shall be considered that officer’s employer for purposes of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14725,"edition_id":1,"name":"General Provisions","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":13056,"metadata":{},"date_created":"2026-06-26 03:49:34","date_modified":"2026-06-26 03:49:34","permalink":{"id":235039,"object_type":"structure","relational_id":14725,"identifier":"1.1","token":"51.1\/1\/1.1","url":"\/51.1\/1\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13056,"edition_id":1,"name":"Virginia Retirement System","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":235031,"object_type":"structure","relational_id":13056,"identifier":"1","token":"51.1\/1","url":"\/51.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68506,"structure_id":14725,"section_number":"51.1-124.1","catch_line":"Virginia Retirement System established","url":"\/51.1-124.1\/","token":"51.1\/1\/1.1\/51.1-124.1","metadata":false},{"id":64690,"structure_id":14725,"section_number":"51.1-124.10","catch_line":"Falsification of records; penalty","url":"\/51.1-124.10\/","token":"51.1\/1\/1.1\/51.1-124.10","metadata":false},{"id":56421,"structure_id":14725,"section_number":"51.1-124.11","catch_line":"Recovery of payments procured by fraud, false statement, etc","url":"\/51.1-124.11\/","token":"51.1\/1\/1.1\/51.1-124.11","metadata":false},{"id":75770,"structure_id":14725,"section_number":"51.1-124.12","catch_line":"Procedure when employer required to withdraw funds","url":"\/51.1-124.12\/","token":"51.1\/1\/1.1\/51.1-124.12","metadata":false},{"id":62876,"structure_id":14725,"section_number":"51.1-124.13","catch_line":"Loss of benefits; certain felony convictions","url":"\/51.1-124.13\/","token":"51.1\/1\/1.1\/51.1-124.13","metadata":false},{"id":83835,"structure_id":14725,"section_number":"51.1-124.14","catch_line":"Reserved","url":"\/51.1-124.14\/","token":"51.1\/1\/1.1\/51.1-124.14","metadata":false},{"id":62021,"structure_id":14725,"section_number":"51.1-124.2","catch_line":"Virginia Supplemental Retirement System continued as Virginia Retirement System","url":"\/51.1-124.2\/","token":"51.1\/1\/1.1\/51.1-124.2","metadata":false},{"id":70634,"structure_id":14725,"section_number":"51.1-124.3","catch_line":"Definitions","url":"\/51.1-124.3\/","token":"51.1\/1\/1.1\/51.1-124.3","metadata":false},{"id":62870,"structure_id":14725,"section_number":"51.1-124.4","catch_line":"Exemption of assets from taxation; exemption of benefits and assets from execution and assignment; trust funds; unclaimed property; eligible rollover distribution","url":"\/51.1-124.4\/","token":"51.1\/1\/1.1\/51.1-124.4","metadata":false},{"id":76306,"structure_id":14725,"section_number":"51.1-124.5","catch_line":"Disclosure of social security account numbers","url":"\/51.1-124.5\/","token":"51.1\/1\/1.1\/51.1-124.5","metadata":false},{"id":78948,"structure_id":14725,"section_number":"51.1-124.6","catch_line":"Benefits to be paid monthly","url":"\/51.1-124.6\/","token":"51.1\/1\/1.1\/51.1-124.6","metadata":false},{"id":85658,"structure_id":14725,"section_number":"51.1-124.7","catch_line":"Distribution of assets upon repeal of system","url":"\/51.1-124.7\/","token":"51.1\/1\/1.1\/51.1-124.7","metadata":false},{"id":83914,"structure_id":14725,"section_number":"51.1-124.8","catch_line":"Persons affected by changes in retirement benefits","url":"\/51.1-124.8\/","token":"51.1\/1\/1.1\/51.1-124.8","metadata":false},{"id":66980,"structure_id":14725,"section_number":"51.1-124.9","catch_line":"Changes or errors in records resulting in erroneous payments; employer liability","url":"\/51.1-124.9\/","token":"51.1\/1\/1.1\/51.1-124.9","metadata":false}],"previous_section":{"id":75770,"structure_id":14725,"section_number":"51.1-124.12","catch_line":"Procedure when employer required to withdraw funds","url":"\/51.1-124.12\/","token":"51.1\/1\/1.1\/51.1-124.12","metadata":false},"next_section":{"id":83835,"structure_id":14725,"section_number":"51.1-124.14","catch_line":"Reserved","url":"\/51.1-124.14\/","token":"51.1\/1\/1.1\/51.1-124.14","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-124.13\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 483<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapters 56<\/a> and 349<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":235057,"object_type":"law","relational_id":62876,"identifier":"51.1-124.13","token":"51.1\/1\/1.1\/51.1-124.13","url":"\/51.1-124.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-124.13\/","token":"51.1\/1\/1.1\/51.1-124.13","dublin_core":{"Title":"Loss of benefits; certain felony convictions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-124.13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person shall be entitled to any of the benefits of this title as provided in this section if (i) he is convicted of a felony<\/span> and (ii) the person’s employer<\/span> determines that the felony<\/span> arose from misconduct occurring on or after July 1, 2011, in any position in which the person was a member<\/span> covered for retirement purposes under any retirement system<\/span> administered by the Board<\/span>. Prior to making any such determination, the employer<\/span> shall give the person reasonable prior written notice and provide an opportunity to be heard. The employer<\/span>’s determination may be appealed in a manner consistent with subsection B, and no further proceedings shall follow the decision of the circuit<\/span> court<\/span>. The employer<\/span>’s determination shall become final 10 calendar days after the date of the initial determination if no appeal<\/span> is filed, or the date of the decision of the circuit<\/span> court<\/span> if an appeal<\/span> is filed. A reversal by the circuit<\/span> court<\/span> of the employer<\/span>’s determination shall render the determination null and void. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Proceedings for review of the determination of the employer<\/span> may be made by the member<\/span> filing a notice of appeal<\/span> within five workdays of receipt of the determination. Within five workdays thereafter, the employer<\/span> shall transmit, to the clerk of the circuit<\/span> court<\/span> in the jurisdiction<\/span> where the employer<\/span> is located, a copy of the record. The court<\/span>, on motion<\/span> of the member<\/span>, may issue<\/span> a writ of certiorari<\/span> requiring the employer<\/span> to transmit the record on or before a certain date. Within 30 days of receipt of such records, the court<\/span>, sitting without a jury<\/span>, shall hear the appeal on the record and such additional evidence<\/span> as may be necessary to resolve any controversy as to the correctness of the record. The court<\/span>, in its discretion, may receive such other evidence<\/span> as the ends of justice require. The court<\/span> may affirm<\/span> the determination of the employer<\/span> or may reverse<\/span> or modify the determination. The decision of the court<\/span> shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing<\/span>. The decision of the court<\/span> shall be final and shall not be appealable. The circuit<\/span> court<\/span> hearing<\/span> shall be at no cost to the Commonwealth or the member<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall implement the relinquishment of benefits under this title as soon as practicable after the employer<\/span> notifies the Board<\/span> of its final determination that the member<\/span>’s felony<\/span> conviction<\/span> arose from misconduct in any position in which the member<\/span> was a member<\/span> in service<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the person is or becomes a member<\/span> in service<\/span> after relinquishment of benefits under subsection C, he shall be entitled to the benefits under this title based solely on his service<\/span> occurring after the relinquishment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any provision of law<\/span> to the contrary, any service<\/span> credit lost from relinquishment of benefits under subsection C shall be ineligible for subsequent purchase. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The governing body of any locality served by a constitutional officer shall be considered that officer’s employer<\/span> for purposes of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLOSS OF BENEFITS; CERTAIN FELONY CONVICTIONS (\u00a7 51.1-124.13)\n\nA. No person shall be entitled to any of the benefits of this title as provided\nin this section if (i) he is convicted of a felony and (ii) the person’s\nemployer determines that the felony arose from misconduct occurring on or after\nJuly 1, 2011, in any position in which the person was a member covered for\nretirement purposes under any retirement system administered by the Board. Prior\nto making any such determination, the employer shall give the person reasonable\nprior written notice and provide an opportunity to be heard. The\nemployer’s determination may be appealed in a manner consistent with\nsubsection B, and no further proceedings shall follow the decision of the\ncircuit court. The employer’s determination shall become final 10 calendar\ndays after the date of the initial determination if no appeal is filed, or the\ndate of the decision of the circuit court if an appeal is filed. A reversal by\nthe circuit court of the employer’s determination shall render the\ndetermination null and void.\n\nB. Proceedings for review of the determination of the employer may be made by\nthe member filing a notice of appeal within five workdays of receipt of the\ndetermination. Within five workdays thereafter, the employer shall transmit, to\nthe clerk of the circuit court in the jurisdiction where the employer is\nlocated, a copy of the record. The court, on motion of the member, may issue a\nwrit of certiorari requiring the employer to transmit the record on or before a\ncertain date. Within 30 days of receipt of such records, the court, sitting\nwithout a jury, shall hear the appeal on the record and such additional evidence\nas may be necessary to resolve any controversy as to the correctness of the\nrecord. The court, in its discretion, may receive such other evidence as the\nends of justice require. The court may affirm the determination of the employer\nor may reverse or modify the determination. The decision of the court shall be\nrendered no later than the fifteenth day from the date of the conclusion of the\nhearing. The decision of the court shall be final and shall not be appealable.\nThe circuit court hearing shall be at no cost to the Commonwealth or the member.\n\nC. The Board shall implement the relinquishment of benefits under this title as\nsoon as practicable after the employer notifies the Board of its final\ndetermination that the member’s felony conviction arose from misconduct in\nany position in which the member was a member in service.\n\nD. If the person is or becomes a member in service after relinquishment of\nbenefits under subsection C, he shall be entitled to the benefits under this\ntitle based solely on his service occurring after the relinquishment.\n\nE. Notwithstanding any provision of law to the contrary, any service credit lost\nfrom relinquishment of benefits under subsection C shall be ineligible for\nsubsequent purchase.\n\nF. The governing body of any locality served by a constitutional officer shall\nbe considered that officer’s employer for purposes of this section.\n\nHISTORY: 2011, c. 483; 2012, cc. 56, 349.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}