                                 CODE OF VIRGINIA

EXCEPTIONS FROM GENERAL EARLY RETIREMENT PROVISIONS FOR CERTAIN STATE EMPLOYEES
AND CONSTITUTIONAL OFFICERS (§ 51.1-155.1)

A. The provisions of this subsection apply to any member of the retirement
system (i) whose position is described by subdivision 1 (except a member of the
Judicial Retirement System (&#xA7; 51.1-300 et seq.)), 2 (except a member of the
Judicial Retirement System (&#xA7; 51.1-300 et seq.)), 3, 4 (except an officer
elected by popular vote), 7, 13, 14, 15, 16, 17, or 20 of &#xA7; 2.2-2905; (ii)
who is an agency head appointed by a state board, state commission, or state
council; or (iii) who is a school division superintendent appointed by a school
board pursuant to &#xA7; 22.1-60, and (a) who is involuntarily separated from
state service and (b) who has 20 or more years of creditable service at the date
of separation. Such member may retire with the retirement allowance as provided
in subdivision A 1 of &#xA7; 51.1-155 upon attaining age 50, provided, however,
that if (1) the member is a person who becomes a member on or after July 1,
2010, (2) the member does not have at least 60 months of creditable service as
of January 1, 2013, or (3) the member is enrolled in the hybrid retirement
program described in &#xA7; 51.1-169, then the member may retire with the
retirement allowance as provided in subdivision A 1 of &#xA7; 51.1-155 upon
attaining age 60.

B. The provisions of this subsection apply to any member of the retirement
system who (i) serves as chief executive officer of an interstate commission
pursuant to Virginia&#8217;s participation in such commission; (ii) is
involuntarily separated from service; and (iii) has 20 or more years of
creditable service at the date of separation. Such member may retire without the
reduction in retirement allowance required by subdivision A 2 of &#xA7; 51.1-155
upon attaining age 50, provided, however, that if (a) the member is a person who
becomes a member on or after July 1, 2010, (b) the member does not have at least
60 months of creditable service as of January 1, 2013, or (c) the member is
enrolled in the hybrid retirement program described in &#xA7; 51.1-169, then the
member may retire without the reduction in retirement allowance required by
subdivision A 2 of &#xA7; 51.1-155 upon attaining age 60.

C. The provisions of this subsection apply to any member of the retirement
system who (i) serves as a constitutional officer, (ii) is involuntarily
separated from service because his office is lawfully abolished, and (iii) has
20 or more years of creditable service at the date of separation. Such member
may retire with the retirement allowance as provided in subdivision A 1 of
&#xA7; 51.1-155, upon attaining age 50, provided, however, that if (a) the
member is a person who becomes a member on or after July 1, 2010, (b) the member
does not have at least 60 months of creditable service as of January 1, 2013, or
(c) the member is enrolled in the hybrid retirement program described in &#xA7;
51.1-169, then the member may retire with the retirement allowance as provided
in subdivision A 1 of &#xA7; 51.1-155 upon attaining age 60.

D. For the purposes of this section, except for subsection C, &#8220;involuntary
separation&#8221; means any dismissal, requested resignation, or failure to
obtain reappointment, except in case of a conviction for a felony or crime
involving moral turpitude or dishonesty.

E. Any state employee who retires under the provisions of this section on or
after January 1, 1994, shall be eligible to participate in the state health
insurance program as provided in &#xA7; 2.2-2818 and receive group life
insurance benefits as provided in &#xA7; 51.1-505.

HISTORY: 1994, c. 785; 1995, cc. 152, 692, 721, 811; 1996, cc. 662, 924; 1997,
c. 711; 1998, c. 746; 2000, c. 911; 2003, c. 220; 2011, cc. 250, 880; 2014, c.
356.