SB 1201 — Va. Retirement & State Police Officers' Retirement Systems; retirement benefit for 911 dispatchers.

SESSION INTRODUCEDSENATE 23102321DSUBSTITUTE I23105704D SENATE BILL NO.

1201 OfferedFLOOR JanuaryAMENDMENT 11,IN 2023THE NNATURE PrefiledOF A SUBSTITUTE (Proposed by Senator Reeves on January 10,27, 20232023) T(Patron Prior to Substitute––Senator Reeves) A BrelatingBILL to Virginiaamend Retirementand Systemreenact §§ 51.1-138 and 51.1-212 of the Code of Virginia, relating to Virginia dispatchers.ystem and State Police Officers' Retirement System;

enhanceRa,enhanced retirement benefits for 911 dispatchers.Be it enacted by the General Assembly of Virginia:

––––––––––1. O Patrons––Reeves and DeSteph D –––––––––– Referred to Committee on Finance and Appropriations U –––––––––– C Be it enacted by the General Assembly of Virginia:

reenactedThat as§§ follows:51.1-201,51.1-138 51.1-202, and 51.1-20351.1-212 of the Code of Virginia are amended and Ereenacted §as 51.1-138.follows:

§ 51.1-138.

D A.

Employees who become members under this article and on whose behalf contributions are paid as providedproB. in this article shall be entitled to benefits under the retirement system.

B.By resolution legally adopted and approved by the Board, the employer may elect to provide benefits equivalent to those provided under the State Police Officers' Retirement System, as set out in Chapter 2 (§ 51.1-200 et seq.) of this title except for § 51.1-209, and except that the employer may elect to establish the retirement allowance pursuant to the allowance provided in clause (i) or (ii) in subsection A of § 51.1-206, in lieu of the benefits that would otherwise be provided hereunder for any employees who are employed in (i) law-enforcement positions comparably hazardous to that of a state the penal and traffic laws of this Commonwealth as directed by his superior officer, if so certified by his appointing authority,;

By resolution legally adopted and approved by the Board, the employer may elect to provide benefits equivalent to those provided under the State Police Officers' Retirement System, as set out in Chapter 2 (§ 51.1-200 et seq.) of this title except for § 51.1-209, and except that the employer may elect to establish the retirement allowance pursuant to the allowance provided in clause (i) or (ii) in employees who are employed in (i) law-enforcement positions comparably hazardous to that of a stateany police officer, including any sworn law-enforcement officer who has the duty and obligation to enforce the penal and traffic laws of this Commonwealth as directed by his superior officer, if so certified by his appointing authority,;

(iii) positions as 1ull-timeTull-time salaried emergency medical technicians, or;

(iv) positions as regional jail superintendents and jail officers of regional jail farms, regional jails, or jail authorities, as approved by the respective jail boardboErd or authority and by the participating political subdivisions of such entities;

For purposes of this section, "public safety dispatcher" means an individual employedeUployed by a public safety agency or department as an initial first responder whose primary responsibilityresponsibilityBis is to 35 receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire 36supervises services,individuals emergencywho medicalperform services,these orfunctions.ic other public safety services and includes an individualindividuaS who /C. 37 supervises individuals who perform these functions.

38Each C.employer providing the benefits of subsection B for its employees prior to July 1, 1990, :

Each36 employermay providingelect to provide for the benefitsearly retirement of subsectionemployees Bas forset itsforth employeesin priorthis tosubsection Julyin 1,lieu 1990,of the 37 early retirement and death before retirement provisions of the State Police Officers' Retirement System.eSystem. Such election must be made to the Board in writing prior to July 1, 1990.

Any38 memberSuch inelection servicemust onbe ormade after his fifty-fifth birthday with five or more years of creditable service (i) while earning the benefits permitted by this section, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) as a member in the retirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of this title may retire upon written notification to the Board settingin forthwriting atprior what time the retirement is to becomeJuly effective.1, 1990.

TheAny effectivemember datein shallserviceTon beor 39 after his lastfifty-fifth daybirthday with five or more years of creditable service but(i) shallwhile notearning beUhe morebenefits thanet 90seq.) daysof priorthis totitle, or (iii) as a member in the filingretirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of suchthis notice.title may retire upon written notification to the Board setting forth at what time the retirement is to become effective.

The membereffective date shall receivebe anafter allowancehis thatlast shallday of service andbuE averageshall finalnot compensationbe beingmore determinedthan as90 ofdays prior to the datefiling of hissuch actualnotice. retirement.

IfThe member shall receive an allowance that shall be determined in the same manner as for retirement at an employee's normal retirement with creditable member has less than 30 years of service at retirement, the amount of the retirement allowance shall be reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the earlier of (a) the member's normal retirement date or (b) the first date on or after the member's fifty-fifth birthday on which the member would have completed a total of 30 years of creditable service.

Effective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited withSith five or more years of creditable service rendered under this chapter and earning the benefits permittedp1rmitted bybe thissubject section,to Chapterthe 2vesting (§requirements 51.1-200of etthis seq.),section, orand Chapter§§ 2.151.1-205 (§and 51.1-21151.1-216.of et seq.) of this titleti0le shall not be Members retiring under the provisions of this subsection shall be entitled to receive post-retirement SB1201 2 of 3 supplements as provided in § 51.1-166.

In the case of death before retirement, members whose employers elect to provide benefits in accordance with the provisions of this subsection and who have not attained the age of 50 on the date of death shall be SB1201S1 2 of 2 assumed to be 50 years of age for the purposes of reducing the benefits on an actuarial equivalent basis.

§ 51.1-201.51.1-212.

"Employee" means any (i) amember stateof the Capitol Police Force as described in § 30-34.2:1, (ii) campus police officer orappointed (ii)under statethe provisions of Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1, (iii) conservation police dispatcher.officer in the Department of Wildlife Resources appointed under the provisions of Chapter 2 (§ 29.1-200 et seq.) of Title 29.1, (iv) special agent of the Virginia Alcoholic Beverage Control Authority appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1, (v) law-enforcement officer employed by the Virginia Marine Resources Commission as described in § 9.1-101, (vi) correctional officer as the term is defined in § 53.1-1, and including correctional officers employed at a juvenile correction facility as the term is defined in § 66-25.3, (vii) any parole officer appointed pursuant to § 53.1-143, and (viii) any commercial vehicle enforcement officer employed by the Department of State Police, and (ix) dispatcher for a public safety answering point as defined in § 56-484.12 employed by the Department of State Police.

"Member" means any person included in the membership of the retirementRetirement systemSystem as provided in this chapter.

"Retirement system"System" means the StateVirginia PoliceLaw Officers' Retirement System.

"State police dispatcher" means a full-time salaried dispatcher for a public safety answering point, as defined in § 56-484.12, who is employed by the Department of State Police.

§ 51.1-202.

Membership in retirement system.

Membership in the retirement system shall be compulsory for all state police officers and state police dispatchers.

§ 51.1-203.

Creditable service.

A.

Service qualifying for credit under the provisions of the Virginia Retirement System shall be included as creditable service for the purposes of this chapter, provided the requirements set forth in Chapter 1 (§ 51.1-124.1 et seq.) of this title for crediting service have been complied with and any payment required is credited in the member's contribution account.

B.

If a member ceases to be employed as a state police officer or state police dispatcher, has not received a refund of the accumulated contributions credited to his member's contribution account, and accepts employment in a position covered by the Virginia Retirement System or the Judicial Retirement System, he shall be entitled to credit for his previous creditable service under this chapter.

His accumulated contributions shall be transferred and credited to his member's contribution account in the appropriate retirement system.

Future retirement rights shall be as set forth under the provisions of the appropriate retirement system.

That the provisions of this act providing enhanced retirement benefits to employees who are employed in positions as full-time salaried public safety dispatchers for a public safety answering point, as defined in § 56-484.12 of the Code of Virginia, shall apply only to service earned as a full-time salaried public safety dispatcher for a public safety answering point on or after July 1, of 3 2024.

An employer, as defined in § 51.1-124.3 of the Code of Virginia, may, in its discretion, provide such enhanced retirement benefits to employees who are employed in positions as full-time salaried public safety dispatchers for a public safety answering point, as defined in § 56-484.12 of the Code of Virginia, for service earned as a full-time salaried public safety dispatcher for a public safety answering point before July 1, 2024, in addition to service earned as a full-time salariedublicsalaried public safety dispatcher for a public safety answering point on or after that date.

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