Virginia 2023 Regular Session Status: Enacted

SB 1449 — Judicial Retirement System; creditable service and contributions, extended absence.

Last action — Acts of Assembly Chapter text (CHAP0346)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 23, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 6 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

64 added · 62 removed

Plain-language change summary

The recent amendments to SB 1449 change how years of service are calculated for judges within the Judicial Retirement System. Previously, judges appointed or elected after January 1, 1995, simply had their service multiplied by a factor of 2.5. Now, the calculation is more nuanced: judges younger than 45 at appointment get a factor of 1.5, those between 45 and 55 receive a factor of 2.0, and those 55 and older receive a factor of 2.5. This matters because it allows you to take into account the age of judges at the start of their service, potentially impacting retirement benefits based on their experience and age.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 51.1-303 and 51.1-304 of the Code of Virginia, relating to Judicial Retirement System;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 346 An Act to amend and reenact §§ 51.1-303 and 51.1-304 of the Code of Virginia, relating to Judicial Retirement System;
R O [S 1449] Approved L L Be it enacted by the General Assembly of Virginia:
[S 1449] Approved March 23, 2023 Be it enacted by the General Assembly of Virginia:
E § 51.1-303.
§ 51.1-303.
D factor of 3.5, the weighted years of service factor, to calculate years of creditable service.
A.
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.
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 July 1, 2010, the following formula shall be used:
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 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 aB least 45 years old but less than 55 years old at the time he was appointed or elected to such original t4rm, then member was at least 55 years old at the time he was appointed or elected to such original term,9then service as a judge shall be multiplied by the weighted years of service factor of 2.5.
if (i) the member wasal 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.
Service purchased in accordance with the provisions of it be considered twice in determining any disability allowance payable under this chapter.irement nor shall C.
Service purchased in accordance with the provisions of § 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.
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 retirement plan.
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.
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 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.
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.
Notwithstanding the foregoing provisions of this term commencing on or after January 1, 2014, shall be determined under the provisions of the hybridinal retirement program described in § 51.1-169.
Notwithstanding the foregoing provisions of this section, member contributions and employer contributions for judges appointed or elected to an original term commencing on or after January 1, 2014, shall be determined under the provisions of the hybrid retirement program described in § 51.1-169.
However, during any period that a judge is absent for a of 2 period of greater than three months from his duties, the employer shall not make any contributions otherwise required pursuant to subdivision B 2 of § 51.1-169, 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.
However, during any period that a judge is absent for a period of greater than three months from his duties, the employer shall not make any contributions otherwise required pursuant to subdivision B 2 of § 51.1-169, unless that absence is due to a medical of 2 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.
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Action History

  1. Acts of Assembly Chapter text (CHAP0346)

  2. Approved by Governor-Chapter 346 (effective 3/23/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 2, 2023

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from VRS (SB1449ER)

  8. Bill text as passed Senate and House (SB1449ER)

  9. Enrolled

  10. Title replaced 23106724D-H1

  11. House substitute agreed to by Senate (40-Y 0-N)

  12. VOTE: Block Vote Passage (99-Y 0-N)

  13. Passed House with substitute BLOCK VOTE (99-Y 0-N)

  14. Engrossed by House - committee substitute SB1449H1

  15. Committee substitute agreed to 23106724D-H1

  16. Read third time

  17. Impact statement from VRS (SB1449H1)

  18. Read second time

  19. Committee substitute printed 23106724D-H1

  20. Reported from Appropriations with substitute (21-Y 0-N)

  21. Assigned App. sub: Compensation and Retirement

  22. Referred to Committee on Appropriations

  23. Read first time

  24. Placed on Calendar

  25. Impact statement from VRS (SB1449E)

  26. Read third time and passed Senate (40-Y 0-N)

  27. Engrossed by Senate as amended SB1449E

  28. Emergency clause added

  29. Committee amendments agreed to

  30. Reading of amendments waived

  31. Read second time

  32. Printed as engrossed 23104352D-E

  33. Constitutional reading dispensed (38-Y 0-N)

  34. Reported from Finance and Appropriations with amendments (13-Y 2-N 1-A)

  35. Senate committee, floor amendments and substitutes offered

  36. Impact statement from VRS (SB1449)

  37. Referred to Committee on Finance and Appropriations

  38. Presented and ordered printed 23104352D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 1449?
SB 1449 is sponsored by Mark D. Obenshain.
What is the current status of SB 1449?
This bill has been enacted into law. Introduced January 11, 2023. Enacted.
Where can I track SB 1449?
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