                                 CODE OF VIRGINIA

CREDITABLE SERVICE (§ 51.1-303)

A. For those members in service on December 31, 1994, service as a judge shall
be multiplied by a factor of 3.5, the weighted years of service factor, to
calculate years of creditable service. To calculate years of creditable service
for those members appointed or elected to an original term commencing on or
after January 1, 1995, service as a judge shall be multiplied by the weighted
years of service factor of 2.5. To calculate years of creditable service for
those members appointed or elected to an original term commencing on or after
July 1, 2010, the following formula shall be used: if (i) the member was less
than 45 years old at the time he was appointed or elected to such original term,
then service as a judge shall be multiplied by the weighted years of service
factor of 1.5, (ii) the member was at least 45 years old but less than 55 years
old at the time he was appointed or elected to such original term, then service
as a judge shall be multiplied by the weighted years of service factor of 2.0,
and (iii) the member was at least 55 years old at the time he was appointed or
elected to such original term, then service as a judge shall be multiplied by
the weighted years of service factor of 2.5. For purposes of this section,
&#8220;original term&#8221; means the first term for which the member was
appointed or elected to a position covered by the Judicial Retirement System.

B. Service qualifying for credit under the provisions of the Virginia Retirement
System, the State Police Officers&#8217; Retirement System, and the Virginia Law
Officers&#8217; Retirement System shall be included as creditable service for
the purposes of this chapter, provided the requirements of those systems for
crediting service have been complied with. Service purchased in accordance with
the provisions of &#xA7; 51.1-142.2 shall not be considered in determining the
actuarial equivalent for early retirement nor shall it be considered twice in
determining any disability allowance payable under this chapter.

C. If a member ceases to be a judge, has not received a refund of the
accumulated contributions credited to his member&#8217;s contribution account,
and accepts employment in a position covered by a &#8220;retirement plan
administered by the Virginia Retirement System&#8221; as defined under &#xA7;
51.1-124.3, he shall be entitled to credit for his previous creditable service
under this chapter. The amount of service transferred to the credit of the
member in such other retirement plan shall not exceed the amount of credit which
would provide a benefit of 78 percent of average final compensation determined
on the assumption that the member was eligible for normal retirement as of the
date of transfer and that he had elected no optional allowance. Future
retirement rights shall be as provided under the applicable retirement plan.
However, the annual retirement allowance payable to such person accepting
employment in a position covered by any other retirement plan administered by
the Virginia Retirement System shall not exceed 78 percent of the person&#8217;s
average final compensation, unless the person has been credited with five or
more years of creditable service under such other retirement plan for service
performed after ceasing to be a judge. In no case shall the annual retirement
allowance payable to such person exceed 100 percent of his average final
compensation.

D. There shall be subtracted from any creditable service the entire amount of
time during which a judge is absent from his duties for a period of greater than
three months, unless that absence is due to a medical condition, disability,
active duty military leave, or family emergency and the existence of the medical
condition, disability, active duty military leave, or family emergency is
documented in a written communication signed under penalty of perjury by the
judge or other authorized representative and submitted promptly to the Virginia
Retirement System and the Executive Secretary of the Supreme Court of Virginia.

HISTORY: 1970, c. 779, § 51-163; 1973, c. 546; 1974, c. 484; 1976, c. 654;
1977, c. 620; 1986, c. 474; 1990, c. 832; 1992, c. 811; 1994, cc. 821, 899;
2000, c. 911; 2004, c. 672; 2010, cc. 737, 738; 2014, c. 776; 2023, c. 346.