{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-142.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-142.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-142.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-142.3.html"}],"law_id":65802,"edition_id":1,"section_id":65802,"structure_id":14523,"section_number":"51.1-142.3","catch_line":"Purchase of additional prior service credit by certain school division superintendents","history":"2003, c. 947; 2015, c. 508.","full_text":"A\n\nIn addition to the four years of prior service credit that may be purchased under clause (iv) of subdivision A 1 of § 51.1-142.2, a school division superintendent appointed by a school board pursuant to § 22.1-60, with at least five years of creditable service in the Retirement System, may purchase up to a maximum of 10 additional years of prior service credit for creditable service of another state or of a political subdivision, or public school system of this or another state, as certified by such state, political subdivision, or public school system. Except as otherwise required by Chapter 1223 of Title 10 of the United States Code, the service credit made available under this section may not be purchased if, before being purchased or at the time of such purchase pursuant to this section, the service to be purchased is service that is included in the calculation of any retirement allowance received or to be received by the member from this or any other retirement system.\n\t\t\tThe school board that has appointed such school division superintendent may purchase such prior service credit on behalf of the school division superintendent.B\n\nThe cost at the time of purchase for each additional year of service credit (or portion thereof) pursuant to this section, shall be 10 percent of the school division superintendent’s creditable compensation or 10 percent of the school division superintendent’s average final compensation, whichever is greater, provided that the service credit to be purchased is paid for in one lump-sum payment within one year after the school division superintendent first became eligible to purchase such service credit or by July 1, 2004, whichever is later.\n\t\t\tA school division superintendent shall first become eligible to purchase prior service credit under this section as follows:1\n\nFor members in service on June 30, 2003, and July 1, 2003, upon attaining five years of creditable service as a school division superintendent in the Retirement System;2\n\nFor members in service on June 30, 2003, and July 1, 2003, who become a school division superintendent on or after July 1, 2003, upon attaining five years of creditable service as a school division superintendent in the Retirement System; and3\n\nFor members not in service on June 30, 2003, upon the member earning five years of creditable service as a school division superintendent in the Retirement System for service performed after June 30, 2003.C\n\nIn any case in which prior service credit pursuant to this section has been purchased by or on behalf of a school division superintendent, if the school division superintendent, subsequent to the date of such purchase, does not remain in such position with the local school board for at least the number of years purchased: (i) the Retirement System shall reduce the creditable service credited to the school division superintendent by an amount equivalent to the number of years of prior service purchased less the number of years served by the person as a school division superintendent with the local school board subsequent to the date of such purchase. Such reduction in creditable service shall be deemed to be forfeited by the school division superintendent for purposes of this chapter and the contributions representing that forfeited service shall be refunded to the school division superintendent; and (ii) the school division superintendent shall be liable to the local school board for the amount paid by the local school board for purchasing the forfeited prior service credit.D\n\nIf a school division superintendent does not purchase the prior service credit described in subsection A within the timeframe provided in subsection B, such prior service credit may be purchased at the actuarial equivalent cost, provided that in no case shall any person purchase more than 10 years of such prior service credit under this section.","order_by":null,"text":{"0":{"id":239162,"text":"In addition to the four years of prior service credit that may be purchased under clause (iv) of subdivision A 1 of § 51.1-142.2, a school division superintendent appointed by a school board pursuant to § 22.1-60, with at least five years of creditable service in the Retirement System, may purchase up to a maximum of 10 additional years of prior service credit for creditable service of another state or of a political subdivision, or public school system of this or another state, as certified by such state, political subdivision, or public school system. Except as otherwise required by Chapter 1223 of Title 10 of the United States Code, the service credit made available under this section may not be purchased if, before being purchased or at the time of such purchase pursuant to this section, the service to be purchased is service that is included in the calculation of any retirement allowance received or to be received by the member from this or any other retirement system.\n\t\t\tThe school board that has appointed such school division superintendent may purchase such prior service credit on behalf of the school division superintendent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239163,"text":"The cost at the time of purchase for each additional year of service credit (or portion thereof) pursuant to this section, shall be 10 percent of the school division superintendent’s creditable compensation or 10 percent of the school division superintendent’s average final compensation, whichever is greater, provided that the service credit to be purchased is paid for in one lump-sum payment within one year after the school division superintendent first became eligible to purchase such service credit or by July 1, 2004, whichever is later.\n\t\t\tA school division superintendent shall first become eligible to purchase prior service credit under this section as follows:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":239164,"text":"For members in service on June 30, 2003, and July 1, 2003, upon attaining five years of creditable service as a school division superintendent in the Retirement System;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":239165,"text":"For members in service on June 30, 2003, and July 1, 2003, who become a school division superintendent on or after July 1, 2003, upon attaining five years of creditable service as a school division superintendent in the Retirement System; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":239166,"text":"For members not in service on June 30, 2003, upon the member earning five years of creditable service as a school division superintendent in the Retirement System for service performed after June 30, 2003.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":239167,"text":"In any case in which prior service credit pursuant to this section has been purchased by or on behalf of a school division superintendent, if the school division superintendent, subsequent to the date of such purchase, does not remain in such position with the local school board for at least the number of years purchased: (i) the Retirement System shall reduce the creditable service credited to the school division superintendent by an amount equivalent to the number of years of prior service purchased less the number of years served by the person as a school division superintendent with the local school board subsequent to the date of such purchase. Such reduction in creditable service shall be deemed to be forfeited by the school division superintendent for purposes of this chapter and the contributions representing that forfeited service shall be refunded to the school division superintendent; and (ii) the school division superintendent shall be liable to the local school board for the amount paid by the local school board for purchasing the forfeited prior service credit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":239168,"text":"If a school division superintendent does not purchase the prior service credit described in subsection A within the timeframe provided in subsection B, such prior service credit may be purchased at the actuarial equivalent cost, provided that in no case shall any person purchase more than 10 years of such prior service credit under this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14523,"edition_id":1,"name":"Creditable Service","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":13056,"metadata":{},"date_created":"2026-06-26 03:48:30","date_modified":"2026-06-26 03:48:30","permalink":{"id":235289,"object_type":"structure","relational_id":14523,"identifier":"6","token":"51.1\/1\/6","url":"\/51.1\/1\/6\/","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":63185,"structure_id":14523,"section_number":"51.1-140","catch_line":"Repealed","url":"\/51.1-140\/","token":"51.1\/1\/6\/51.1-140","metadata":false},{"id":70668,"structure_id":14523,"section_number":"51.1-141","catch_line":"Service equivalents","url":"\/51.1-141\/","token":"51.1\/1\/6\/51.1-141","metadata":false},{"id":55957,"structure_id":14523,"section_number":"51.1-142","catch_line":"Repealed","url":"\/51.1-142\/","token":"51.1\/1\/6\/51.1-142","metadata":false},{"id":70735,"structure_id":14523,"section_number":"51.1-142.2","catch_line":"Prior service or membership credit for certain members; service credit for accumulated sick leave","url":"\/51.1-142.2\/","token":"51.1\/1\/6\/51.1-142.2","metadata":false},{"id":65802,"structure_id":14523,"section_number":"51.1-142.3","catch_line":"Purchase of additional prior service credit by certain school division superintendents","url":"\/51.1-142.3\/","token":"51.1\/1\/6\/51.1-142.3","metadata":false},{"id":80114,"structure_id":14523,"section_number":"51.1-143","catch_line":"Repealed","url":"\/51.1-143\/","token":"51.1\/1\/6\/51.1-143","metadata":false},{"id":57401,"structure_id":14523,"section_number":"51.1-143.1","catch_line":"Portability of service credit between the Virginia Retirement System and certain political subdivisions of the Commonwealth","url":"\/51.1-143.1\/","token":"51.1\/1\/6\/51.1-143.1","metadata":false}],"previous_section":{"id":70735,"structure_id":14523,"section_number":"51.1-142.2","catch_line":"Prior service or membership credit for certain members; service credit for accumulated sick leave","url":"\/51.1-142.2\/","token":"51.1\/1\/6\/51.1-142.2","metadata":false},"next_section":{"id":80114,"structure_id":14523,"section_number":"51.1-143","catch_line":"Repealed","url":"\/51.1-143\/","token":"51.1\/1\/6\/51.1-143","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-142.3\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 947<\/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 2015, chapter 508<\/a>.<\/p>","references":false,"refers_to":[{"id":71711,"section_number":"22.1-60","catch_line":"Appointment and term of superintendent; certain contractual matters","order_by":null,"url":"\/22.1-60\/"},{"id":70735,"section_number":"51.1-142.2","catch_line":"Prior service or membership credit for certain members; service credit for accumulated sick leave","order_by":null,"url":"\/51.1-142.2\/"}],"permalink":{"id":235307,"object_type":"law","relational_id":65802,"identifier":"51.1-142.3","token":"51.1\/1\/6\/51.1-142.3","url":"\/51.1-142.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-142.3\/","token":"51.1\/1\/6\/51.1-142.3","dublin_core":{"Title":"Purchase of additional prior service credit by certain school division superintendents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-142.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the four years of prior service<\/span> credit that may be purchased under clause (iv) of subdivision A 1 of § 51.1-142.2<\/a>, a school division superintendent appointed by a school board<\/span> pursuant to § 22.1-60<\/a>, with at least five years of creditable service<\/span> in the Retirement System<\/span>, may purchase up to a maximum of 10 additional years of prior service<\/span> credit for creditable service<\/span> of another state or of a political subdivision<\/span>, or public school system of this or another state, as certified by such state, political subdivision<\/span>, or public school system. Except as otherwise required by Chapter 1223 of Title 10 of the United States Code, the service credit made available under this section may not be purchased if, before being purchased or at the time of such purchase pursuant to this section, the service to be purchased is service that is included in the calculation of any retirement allowance<\/span> received or to be received by the member<\/span> from this or any other retirement system<\/span>.\n\t\t\tThe school board<\/span> that has appointed such school division superintendent may purchase such prior service<\/span> credit on behalf of the school division superintendent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The cost at the time of purchase for each additional year of service credit (or portion thereof) pursuant to this section, shall be 10 percent of the school division superintendent’s creditable compensation<\/span> or 10 percent of the school division superintendent’s average final compensation<\/span>, whichever is greater, provided that the service credit to be purchased is paid for in one lump-sum payment within one year after the school division superintendent first became eligible to purchase such service credit or by July 1, 2004, whichever is later.\n\t\t\tA school division superintendent shall first become eligible to purchase prior service<\/span> credit under this section as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For members<\/span> in service on June 30, 2003, and July 1, 2003, upon attaining five years of creditable service<\/span> as a school division superintendent in the Retirement System<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For members<\/span> in service on June 30, 2003, and July 1, 2003, who become a school division superintendent on or after July 1, 2003, upon attaining five years of creditable service<\/span> as a school division superintendent in the Retirement System<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For members<\/span> not in service on June 30, 2003, upon the member<\/span> earning five years of creditable service<\/span> as a school division superintendent in the Retirement System<\/span> for service performed after June 30, 2003. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any case in which prior service<\/span> credit pursuant to this section has been purchased by or on behalf of a school division superintendent, if the school division superintendent, subsequent to the date of such purchase, does not remain in such position with the local school board<\/span> for at least the number of years purchased: (i) the Retirement System<\/span> shall reduce the creditable service<\/span> credited to the school division superintendent by an amount equivalent to the number of years of prior service<\/span> purchased less the number of years served by the person as a school division superintendent with the local school board<\/span> subsequent to the date of such purchase. Such reduction in creditable service<\/span> shall be deemed to be forfeited by the school division superintendent for purposes of this chapter and the contributions representing that forfeited service shall be refunded to the school division superintendent; and (ii) the school division superintendent shall be liable to the local school board<\/span> for the amount paid by the local school board<\/span> for purchasing the forfeited prior service<\/span> credit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a school division superintendent does not purchase the prior service<\/span> credit described in subsection A within the timeframe provided in subsection B, such prior service<\/span> credit may be purchased at the actuarial equivalent<\/span> cost, provided that in no case shall any person purchase more than 10 years of such prior service<\/span> credit under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURCHASE OF ADDITIONAL PRIOR SERVICE CREDIT BY CERTAIN SCHOOL DIVISION\nSUPERINTENDENTS (\u00a7 51.1-142.3)\n\nA. In addition to the four years of prior service credit that may be purchased\nunder clause (iv) of subdivision A 1 of § 51.1-142.2, a school division\nsuperintendent appointed by a school board pursuant to § 22.1-60, with at\nleast five years of creditable service in the Retirement System, may purchase up\nto a maximum of 10 additional years of prior service credit for creditable\nservice of another state or of a political subdivision, or public school system\nof this or another state, as certified by such state, political subdivision, or\npublic school system. Except as otherwise required by Chapter 1223 of Title 10\nof the United States Code, the service credit made available under this section\nmay not be purchased if, before being purchased or at the time of such purchase\npursuant to this section, the service to be purchased is service that is\nincluded in the calculation of any retirement allowance received or to be\nreceived by the member from this or any other retirement system.\n\t\t\tThe school board that has appointed such school division superintendent may\npurchase such prior service credit on behalf of the school division\nsuperintendent.\n\nB. The cost at the time of purchase for each additional year of service credit\n(or portion thereof) pursuant to this section, shall be 10 percent of the school\ndivision superintendent’s creditable compensation or 10 percent of the\nschool division superintendent’s average final compensation, whichever is\ngreater, provided that the service credit to be purchased is paid for in one\nlump-sum payment within one year after the school division superintendent first\nbecame eligible to purchase such service credit or by July 1, 2004, whichever is\nlater.\n\t\t\tA school division superintendent shall first become eligible to purchase\nprior service credit under this section as follows:\n\n 1. For members in service on June 30, 2003, and July 1, 2003, upon attaining\n five years of creditable service as a school division superintendent in the\n Retirement System;\n\n 2. For members in service on June 30, 2003, and July 1, 2003, who become a\n school division superintendent on or after July 1, 2003, upon attaining five\n years of creditable service as a school division superintendent in the\n Retirement System; and\n\n 3. For members not in service on June 30, 2003, upon the member earning five\n years of creditable service as a school division superintendent in the\n Retirement System for service performed after June 30, 2003.\n\nC. In any case in which prior service credit pursuant to this section has been\npurchased by or on behalf of a school division superintendent, if the school\ndivision superintendent, subsequent to the date of such purchase, does not\nremain in such position with the local school board for at least the number of\nyears purchased: (i) the Retirement System shall reduce the creditable service\ncredited to the school division superintendent by an amount equivalent to the\nnumber of years of prior service purchased less the number of years served by\nthe person as a school division superintendent with the local school board\nsubsequent to the date of such purchase. Such reduction in creditable service\nshall be deemed to be forfeited by the school division superintendent for\npurposes of this chapter and the contributions representing that forfeited\nservice shall be refunded to the school division superintendent; and (ii) the\nschool division superintendent shall be liable to the local school board for the\namount paid by the local school board for purchasing the forfeited prior service\ncredit.\n\nD. If a school division superintendent does not purchase the prior service\ncredit described in subsection A within the timeframe provided in subsection B,\nsuch prior service credit may be purchased at the actuarial equivalent cost,\nprovided that in no case shall any person purchase more than 10 years of such\nprior service credit under this section.\n\nHISTORY: 2003, c. 947; 2015, c. 508.","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}}