V.I. Code tit. 3, § 770l (2019)
2019 US Virgin Islands Code|Title 3 - Executive|Chapter 28A - Tier Ii Retirement Benefits Program|§ 770l. Coverage for members of the Judiciary

 (a) [Deleted.] (b) Each person who becomes a member of the Judiciary after the date of enactment of this chapter, who is not a participant by previous appointment, shall automatically become a member of the system and be subject to compensation deductions hereunder, unless within 90 days from the date he becomes a member of the Judiciary, he filed with the Administrator a written notice of election not to participate. (c) Participation in the system on the part of any member of the Judiciary continues until the date he becomes an annuitant, dies, or accepts a refund of his contributions thereto. (d) Notwithstanding the provisions of this chapter, proportionate contributions must be made by each member of the Judiciary who has completed six years of service, if the member elects to receive pension credit for any period for which the member was not covered by the system. However, the proportionate contributions must be made retroactively for the respective period of service, with the contributions being an amount that shall be determined by the Board of Trustees. (e) The rate of contribution to the system on the part of a member of the Judiciary who becomes a member of the system shall be determined by the Board of Trustees. This rate applies to service rendered beginning from the first date the member takes the oath of office as a member of the Superior Court of the Virgin Islands. For purposes of this chapter, service as a member of the Judiciary during any part of a calendar year is deemed to be a year of credited service; provided, that contributions are made for full calendar year. (f) Notwithstanding any other law, the conditions governing eligibility for service retirement for any member of the Judiciary and the amount of the annuity are as stated in this section as follows: (1) For all members of the Judiciary at the time of the effective date of this paragraph, vesting in a service retirement annuity attaches upon completion of one term. Any member is eligible for a judicial annuity beginning at age 50 on a judicial annuity equal to rates determined by the Board of Trustees. For all members of the Judiciary appointed after the effective date of this paragraph, vesting in a service retirement annuity attaches upon completion of ten years of service. Any member is eligible for a judicial annuity beginning at age 55 on a judicial annuity equal to rates determined by the Board of Trustees. (2) In the computation of total credit for prior service or membership service, nine months or more of service constitute one year of service; six to eight months inclusive, constitute three quarters of a year; three to five months inclusive, constitute one half of a year; less than three months constitute one quarter of a year. Not more than one year of service credit may be granted for all service rendered during a fiscal year. Fifteen days or more of service during any month constitute a month of service; five to fourteen days inclusive constitute one half of a month; less than five days inclusive constitutes one quarter of a month. (3) For the purposes of this subsection, the term “compensation” means the highest rate of compensation, received by that member of the Judiciary during his tenure and shall increase only as provided under this chapter. (g) In the case of any member of the Judiciary who becomes separated from service before he completed an aggregate of one term as a member of the Judiciary, the total amount paid by the member, shall upon his application, be returned to him or the judicial service shall be credited to the member's service a[s] provided in the provisions of this chapter. No member of the Judiciary may thereafter receive credit for the service unless he again becomes a member of the Judiciary and pays back into the system the amount so returned. The member shall pay to the system the income the system would have earned had those contributions been paid to the system during the member's separation from service, to include any applicable interest. (h) Nothing contained in this chapter may be construed to prevent any person eligible therefor from simultaneously receiving an annuity computed on the basis of years of service other than as a member of the Judiciary and an annuity computed in accordance with the section; nor may anything contained in this chapter be construed to prevent a member of the Judiciary from receiving, while serving in the Judiciary, an annuity for non judicial service. (i) As used in this section, the term Judiciary means the Judges and magistrate judges of the Superior Court of the Virgin Islands and justices of the Supreme Court of the Virgin Islands. (j) In no case may service other than as a member of the Judiciary be considered service for the purposes of this section, nor may service as a member of the Judiciary be considered service for the purpose other than as specified in this section. (k) [Deleted.] (l) No credited service benefit may be paid to any member of the judiciary until the system has received retirement contributions payments from the employer and employee.