                                 CODE OF VIRGINIA

COUNTIES, CITIES, AND CERTAIN TOWNS TO ESTABLISH LOCAL SYSTEMS OR PARTICIPATE IN
VIRGINIA RETIREMENT SYSTEM (§ 51.1-800)

A. Every county and city, and every town having a population of 5,000 or more,
shall provide a retirement system for those officers and employees listed in
subsection B either (i) by establishing and maintaining a local retirement
system which provides a service retirement allowance to each employee who
retires at age sixty-five or older which equals or exceeds two-thirds of the
service retirement allowance to which the employee would have been entitled had
the allowance been computed under the provisions of the Virginia Retirement
System or (ii) by participating directly in the Virginia Retirement System.

B. The following persons shall be covered by a retirement system as provided in
subsection A:

   1. Officers and employees who are regularly employed full time on a salaried
   basis, whose tenure is not restricted to temporary or provisional employment.

   2. Officers and employees who are regularly employed full time on a salaried
   basis, whose tenure is not restricted to temporary or provisional employment
   by an organization other than a public school board that functions solely
   within the boundaries of a county, city, or town, unless the cost of the
   organization&#8217;s operation is borne by (i) users of services, (ii) more
   than one county, city, or town, or (iii) an entity other than a county, city,
   or town.

   3. Clerks of the circuit court and deputies or employees of such officers.

C. Nothing in this chapter shall be construed to prohibit a county, city, or
town from participating in the Virginia Retirement System and establishing a
local retirement system. If a locality participates in the Virginia Retirement
System and establishes a local retirement system, pursuant to &#xA7; 51.1-801,
providing supplemental benefits to the state system, the local system shall not
be required to satisfy the criterion established in clause A (i) of this
section.

D. A county, city, or town shall not be required to provide retirement benefits
to an employee who enters into an agreement with the local government for
inclusion in a deferred compensation plan when the agreement specifically
prohibits inclusion in any other retirement system established by the county,
city, or town.

HISTORY: 1952, c. 157, § 51-111.31; 1954, c. 241; 1958, c. 367; 1960, c. 400;
1973, c. 523; 1974, c. 353; 1975, c. 296; 1976, c. 581; 1977, c. 620; 1990, c.
832; 1991, c. 381; 1993, c. 866; 2006, c. 406.