                                 CODE OF VIRGINIA

LOSS OF BENEFITS; CERTAIN FELONY CONVICTIONS (§ 51.1-124.13)

A. 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&#8217;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&#8217;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&#8217;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&#8217;s determination shall render the
determination null and void.

B. 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.

C. 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&#8217;s felony conviction arose from misconduct in
any position in which the member was a member in service.

D. 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.

E. 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.

F. The governing body of any locality served by a constitutional officer shall
be considered that officer&#8217;s employer for purposes of this section.

HISTORY: 2011, c. 483; 2012, cc. 56, 349.