CODE OF VIRGINIA

DEFINITIONS (§ 51.1-124.3)

As used in this chapter, unless the context requires a different
meaning:”Abolished system” means the Virginia Retirement Act, §§
51-30 through 51-111, repealed by Chapter 1 of the Acts of Assembly of
1952.”Accumulated contributions” means the sum of all amounts
deducted from the compensation of a member and credited to his individual
account in the member’s contribution account, all amounts the member may
contribute to purchase creditable service, all member contributions contributed
by the employer on behalf of the employee, on or after July 1, 1980, except
those amounts contributed on behalf of members of the General Assembly who are
otherwise retired under the provisions of this chapter, and all interest
accruing to these funds. If a member is retired for disability from a cause
which is compensable under the Virginia Workers’ Compensation Act (§
65.2-100 et seq.), dies in service prior to retirement, or requests a refund of
contributions in accordance with § 51.1-161, “accumulated
contributions” shall include all member contributions paid by the employer
on behalf of the member on and after July 1, 1980, and all interest which would
have accrued to these funds.”Actuarial equivalent” means a benefit
of equal value when computed upon the basis of actuarial tables adopted by the
Board.”Average final compensation” means the average annual
creditable compensation of a member during his 60 highest consecutive months of
creditable service or during the entire period of his creditable service if less
than 60 months. However, for any member who (i) is not a person who becomes a
member on or after July 1, 2010, and (ii) as of January 1, 2013, has at least 60
months of creditable service, “average final compensation” means the
average annual creditable compensation of a member during his 36 highest
consecutive months of creditable service. A participant in the hybrid retirement
program described in § 51.1-169 shall be considered to be a person who becomes
a member on or after July 1, 2010, for the purposes of this definition.If a
member ceased employment prior to July 1, 1974, “average final
compensation” means the average annual creditable compensation during the
five highest consecutive years of creditable service.”Beneficiary”
means any person entitled to receive benefits under this
chapter.”Board” means the Board of Trustees of the Virginia
Retirement System.”Creditable compensation” means the full
compensation payable annually to an employee working full time in his covered
position. For any state employee of a public institution of higher education or
a teaching hospital affiliated with a public institution of higher education who
is (i) compensated on a salaried basis, and (ii) working full time in a covered
position pursuant to a contract of employment for a period of at least nine
months, creditable compensation means the full compensation payable over the
term of any contract entered into between the employee and the employer, without
regard to whether or not the term of the contract coincides with the normal
scholastic year. However, if the contract is for more than one year, creditable
compensation means that compensation paid for the current year of the
contract.Remuneration received by members of the General Assembly not otherwise
retired under the provisions of this chapter pursuant to §§ 30-19.11 and
30-19.12 shall be deemed creditable compensation. In addition, for any member of
the General Assembly, creditable compensation shall include the full amount of
salaries payable to such member for working in covered positions, regardless of
whether a contractual salary is reduced and not paid to such member because of
service in the General Assembly.”Creditable service” means prior
service as set forth in § 51.1-142.2 plus membership service for which credit
is allowable.”Employee” means any teacher, state employee, officer,
or employee of a locality participating in the Retirement
System.”Employer” means the Commonwealth in the case of a state
employee, the local public school board in the case of a teacher, or the
political subdivision participating in the Retirement System.”Joint Rules
Committee” means those members of the House of Delegates and the Senate
designated by the Speaker of the House and the Chairman of the Senate Committee
on Rules, respectively, to meet with each other and to act jointly on behalf of
the Committee on Rules for each house.”Local officer” means the
treasurer, commissioner of the revenue, attorney for the Commonwealth, clerk of
a circuit court, or sheriff of any county or city, or deputy or employee of any
such officer.”Medical Board” means the board of physicians as
provided by this chapter.”Member” means any person included in the
membership of the Retirement System.”Membership service” means
service as an employee rendered while a contributing member of the Retirement
System except as provided in this chapter.”Normal retirement date”
means a member’s sixty-fifth birthday. However, for any (i) person who
becomes a member on or after July 1, 2010, or (ii) member who does not have at
least 60 months of creditable service as of January 1, 2013, under this chapter
his normal retirement date shall be the date that the member attains his
“retirement age” as defined under the Social Security Act (42 U.S.C.
§ 416 et seq., as now or hereafter amended).”Person who becomes a member
on or after July 1, 2010,” means a person who is not a member of a
retirement plan administered by the Virginia Retirement System the first time he
is hired on or after July 1, 2010, in a covered position. Subsequent separation
from such position and subsequent employment in a covered position shall not
alter the status of a person who becomes a member on or after July 1,
2010.”Political subdivision” means any county, city, or town, any
political entity, subdivision, branch, or unit of the Commonwealth, or any
commission, public authority, or body corporate created by or under an act of
the General Assembly specifying the powers, privileges, or authority capable of
exercise by the commission, public authority, or body corporate.”Primary
social security benefit” means, with respect to any member, the primary
insurance amount to which the member is entitled, for old age or disability, as
the case may be, pursuant to the provisions of the federal Social Security Act
as in effect at his date of retirement, under the provisions of this chapter
except as otherwise specifically provided.”Prior service” means
service rendered prior to becoming a member of the Retirement
System.”Purchase of service contract” means a contract entered into
by the member and the Retirement System for the purchase of service credit by
the member as provided in § 51.1-142.2.”Retirement allowance” means
the retirement payments to which a member is entitled.”Retirement plan
administered by the Virginia Retirement System” means a retirement plan
established under this title administered by the Virginia Retirement System, or
by an agency that has been delegated administrative responsibility by the
Virginia Retirement System, but such term shall exclude any plan established
under Chapter 6 (§ 51.1-600 et seq.) or Chapter 6.1 (§ 58.1-607 et seq.) of
this title.”Retirement System” means the Virginia Retirement
System.”Service” means service as an employee.”State
employee” means any person who is regularly employed full time on a
salaried basis, whose tenure is not restricted as to temporary or provisional
appointment, in the service of, and whose compensation is payable, no more often
than biweekly, in whole or in part, by the Commonwealth or any department,
institution, or agency thereof. “State employee” shall include any
faculty member, but not including adjunct faculty, of a public institution of
higher education (a) who is compensated on a salary basis, (b) whose tenure is
not restricted as to temporary or provisional appointment, and (c) who regularly
works at least 20 hours but less than 40 hours per week (or works the equivalent
of one-half of a full time equivalent position) engaged in the performance of
teaching, administrative, or research duties at such institution; such faculty
member shall be deemed an eligible employee for purposes of the retirement
provisions under §§ 51.1-126, 51.1-126.1, and 51.1-126.3. “State
employee” shall also include the Governor, Lieutenant Governor, Attorney
General, and members of the General Assembly but shall not include (i) any local
officer, (ii) any employee of a political subdivision of the Commonwealth, (iii)
individuals employed by the Department for the Blind and Vision Impaired
pursuant to § 51.5-72, (iv) any member of the State Police Officers’
Retirement System, (v) any member of the Judicial Retirement System, or (vi) any
member of the Virginia Law Officers’ Retirement
System.”Teacher” means any person who is regularly employed full
time on a salaried basis as a professional or clerical employee of a county,
city, or other local public school board.

HISTORY: 1952, c. 157, §§ 51-111.10, 51-111.31; 1954, cc. 241, 497; 1956, c.
98; 1956, Ex. Sess., c. 64; 1958, c. 367; 1960, cc. 400, 604; 1966, cc. 174,
175; 1970, c. 779; 1971, Ex. Sess., cc. 88, 185; 1972, cc. 568, 708; 1973, cc.
322, 523, 545, 546; 1974, cc. 353, 484; 1975, cc. 296, 597, 611; 1976, cc. 581,
678, 699; 1977, c. 620; 1980, c. 722, § 51-111.10:01; 1982, cc. 467, 478; 1984,
c. 430; 1986, c. 474; 1987, c. 392; 1990, c. 832, § 51.1-101; 1992, cc. 811,
826; 1993, c. 895; 1994, cc. 4, 85, 876; 1996, cc. 711, 731; 1999, cc. 929, 974;
2000, c. 911; 2001, cc. 686, 697; 2003, c. 628; 2005, cc. 933, 945; 2007, c. 89;
2010, cc. 737, 738; 2012, cc. 701, 823; 2014, c. 356.