51.1-800 - Counties, cities, and certain towns to establish local systems or participate in Virginia Retirement System.
§ 51.1-800. Counties, cities, and certain towns to establish local systems orparticipate in Virginia Retirement System.
A. Every county and city, and every town having a population of 5,000 ormore, shall provide a retirement system for those officers and employeeslisted in subsection B either (i) by establishing and maintaining a localretirement system which provides a service retirement allowance to eachemployee who retires at age sixty-five or older which equals or exceedstwo-thirds of the service retirement allowance to which the employee wouldhave been entitled had the allowance been computed under the provisions ofthe Virginia Retirement System or (ii) by participating directly in theVirginia Retirement System.
B. The following persons shall be covered by a retirement system as providedin subsection A:
1. Officers and employees who are regularly employed full time on a salariedbasis, whose tenure is not restricted to temporary or provisional employment.
2. Officers and employees who are regularly employed full time on a salariedbasis, whose tenure is not restricted to temporary or provisional employmentby an organization other than a public school board that functions solelywithin the boundaries of a county, city, or town, unless the cost of theorganization's operation is borne by (i) users of services, (ii) more thanone county, city, or town, or (iii) an entity other than a county, city, ortown.
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, ortown from participating in the Virginia Retirement System and establishing alocal retirement system. If a locality participates in the VirginiaRetirement System and establishes a local retirement system, pursuant to §51.1-801, providing supplemental benefits to the state system, the localsystem 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 retirementbenefits to an employee who enters into an agreement with the localgovernment for inclusion in a deferred compensation plan when the agreementspecifically prohibits inclusion in any other retirement system establishedby the county, city, or town.
(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.)