reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1153. Participation in the program

A. All eligible employees shall become participants in this program, provided, however, that the governing body of an employer may adopt a resolution on or before January 1, 2014, which shall be submitted to the Board, requesting that its eligible employees not participate in the program because the employer has or will establish, and continue to maintain, comparable disability coverage for such eligible employees. The election by the governing body of an employer not to participate in this program shall be irrevocable. The employer need not consider the provisions of § 51.1-1178 when determining the comparability of its disability coverage to this program. As the context requires, the term "participating employee" includes the employees of an employer electing not to participate in the program under this subdivision.
B. The effective date of participation in the program for participating employees shall be their first day of employment or the effective date of their participation in the hybrid retirement program described in § 51.1-169, whichever is later.
C. Notwithstanding any provision to the contrary, no participating employee shall receive benefits under Article 2 (§ 51.1-1154 et seq.) until the participating employee completes one year of continuous service.
D. Eligibility for participation in the program shall terminate upon the earliest to occur of an employee's (i) termination of employment or (ii) death. Eligibility for participation in the program shall be suspended during periods that an employee is placed on nonpay status, including leave without pay, if such nonpay status is due to suspension pending investigation or outcome of employment-related court or disciplinary action.
2012, cc. 701, 823; 2014, c. 356; 2015, c. 660.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1155. Short-term disability benefit

A. Except as provided in subsection B of § 51.1-1153, short-term disability benefits for participating employees shall commence upon the expiration of a seven-calendar-day waiting period. The waiting period shall commence the first day of a disability or of maternity leave. If an employee returns to work for one day or less during the seven-calendar-day waiting period but cannot continue to work, the periods worked shall not be considered to have interrupted the seven-calendar-day waiting period. Additionally, the seven-calendar-day waiting period shall not be considered to be interrupted if the employee works 20 hours or less during the waiting period. Short-term disability benefits payable as the result of a catastrophic disability or major chronic condition shall not require a waiting period.
B. Except as provided in § 51.1-1171, short-term disability coverage shall provide income replacement for (i) 60 percent of a participating employee's creditable compensation for the first 60 months of continuous service and (ii) thereafter, a percentage of a participating employee's creditable compensation during the periods specified below, based on the number of months of continuous service attained by an employee who is disabled, on maternity leave, or takes periodic absences due to a major chronic condition, as determined by the Board or its designee, as follows:
Work Days of 100%
Work Days of 80%
Work Days of 60%
Months of
Replacement of
Replacement of
Replacement of
Continuous
Creditable
Creditable
Creditable
Service
Compensation
Compensation
Compensation
60-119
25
25
75
120-179
25
50
50
180 or more
25
75
25
C. Creditable compensation during periods an employee receives short-term disability benefits shall include salary increases awarded during the period covered by short-term disability benefits.
D. Short-term disability benefits shall be payable only during periods of (i) total disability, (ii) partial disability, (iii) maternity leave, or (iv) periodic absences due to a major chronic condition as defined by the Board or its designee.
2012, cc. 701, 823; 2013, c. 463; 2014, c. 356.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1156. Successive periods of short-term disability

A. A participating employee's disability, which is related or due to the same cause or causes as a prior disability for which short-term disability benefits were paid, shall be deemed to be a continuation of the prior disability if the employee returns to his position on an active employment basis for less than 45 consecutive calendar days. If a participating employee, after receiving short-term disability benefits, immediately returns to work for less than 45 consecutive calendar days and cannot continue to work, the days worked shall be deemed to have interrupted the short-term disability benefits period, and such days worked shall not be counted for purposes of determining the maximum period for which the participating employee is eligible to receive short-term disability benefits. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work programs shall not be counted in determining the duration of the period of the employee's return to work.
B. If a participating employee returns to his position on an active employment basis for 45 consecutive calendar days or longer, any succeeding period of disability shall constitute a new period of short-term disability.
C. The period of 45 days referred to in subsections A and B shall be consecutive calendar days that the participating employee is (i) actively at work and (ii) fully released to return to work full time, full duty. The Retirement System shall develop policies and procedures to administer the effects of the 45-day period in connection with participants who are deemed to have a major chronic condition.
2012, cc. 701, 823; 2013, c. 463.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1157. Long-term disability benefit

A. Long-term disability benefits for participating employees shall commence upon the expiration of the maximum period for which the participating employee is eligible to receive short-term disability benefits under § 51.1-1155.
B. Except as provided in § 51.1-1171, long-term disability benefits shall provide income replacement in an amount equal to 60 percent of a participating employee's creditable compensation.
C. Creditable compensation during periods an employee receives long-term disability benefits shall not include salary increases awarded during the period covered by long-term disability benefits.
D. Long-term disability benefits shall be payable only during periods of (i) total disability or (ii) partial disability.
E. Unless otherwise directed, to be eligible for benefits under this section, the employee must apply for Social Security disability benefits.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1158. Successive periods of long-term disability

A. A participating employee's disability, which is related or due to the same cause or causes as a prior disability for which long-term disability benefits were paid, shall be deemed to be a continuation of the prior disability if the employee returns to a position on an active employment basis for less than 125 consecutive work days. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work programs shall not be counted in determining the duration of the period of the employee's return to work.
B. If a participating employee returns to a position on an active employment basis for 125 consecutive work days or longer, any succeeding period of disability shall constitute a new period of disability.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1160. Rehabilitation incentive

Disability benefits payable to a participating employee who fails to cooperate with a rehabilitation program prescribed for the employee shall be decreased by 50 percent of the amounts otherwise payable to such employee.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1161. Cessation of disability benefits; service retirement

A. Disability benefits shall cease to be paid to a participating employee upon the first to occur of the following:
1. The end of the period of disability coverage as provided in subsection D of § 51.1-1155 or subsection D of § 51.1-1157;
2. The date of death of the participating employee;
3. The date that the participating employee attains normal retirement age; or
4. The effective date of the participating full-time employee's service retirement under the hybrid retirement program described in § 51.1-169.
Notwithstanding the foregoing, an employee who is approved for disability benefits (i) at age 60 through 64 shall be eligible for five years of disability benefits, (ii) at age 65 through 68 shall be eligible for disability benefits to age 70, and (iii) at age 69 or older shall be eligible for disability benefits for one year. The eligibility periods include short-term disability and long-term disability.
B. A participating full-time employee receiving disability benefits who is a vested member of the retirement system, including the hybrid retirement program described in § 51.1-169, shall be eligible for service retirement under any provision of this title for which the employee is otherwise eligible. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165 for which the employee is otherwise eligible.
C. The average final compensation of any participating full-time employee taking a service retirement under any provision of this title shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the program actuary and approved by the Board, from the date of the commencement of the disability to the date of retirement.
D. The creditable service of a participating full-time employee taking service retirement pursuant to this section shall include periods during which the employee received disability benefits.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1163. Supplemental short-term disability benefit

A. Payments of supplemental short-term disability benefits payable under this article shall be reduced by an amount equal to any benefits paid to the employee under the Act, or which the employee is entitled to receive under the Act, excluding any payments for medical, legal or rehabilitation expenses.
B. Supplemental short-term disability benefits for participating employees shall commence upon the expiration of a seven-calendar-day waiting period. The waiting period shall commence the first day of a disability. If an employee returns to work for one day or less during the seven calendar days following the commencement of a disability but cannot continue to work, the periods worked shall not be considered to have interrupted the seven-calendar-day waiting period. Additionally, the seven-calendar-day waiting period shall not be considered to be interrupted if the employee works 20 hours or less during the waiting period. Short-term disability benefits payable as the result of a catastrophic disability or major chronic condition shall not require any waiting period.
C. Except as provided in § 51.1-1171, supplemental short-term disability coverage shall provide income replacement for (i) 60 percent of a participating employee's creditable compensation for the first 60 months of continuous participation in the program and (ii) thereafter, a percentage of a participating employee's creditable compensation during the periods specified below, based on the number of months of continuous participation in the program attained by an employee who is disabled, on maternity leave, or takes periodic absences due to a major chronic condition, as determined by the Board or its designee, as follows:
Months of
Continuous Participation
Work Days of 100%
Replacement of
Creditable Compensation
Work Days of 80%
Replacement of
Creditable Compensation
Work Days of 60%
Replacement of
Creditable Compensation
60 to 119
85
25
15
120 or more
85
40
0
D. Creditable compensation during periods an employee receives supplemental short-term disability benefits shall include salary increases awarded during the period of short-term disability coverage.
E. Supplemental short-term disability benefits shall be payable only during periods of total disability, partial disability, or periodic absences due to a major chronic condition as defined by the Board or its designee.
2012, cc. 701, 823; 2013, c. 463.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1164. Successive periods of short-term disability

A. A participating employee's disability, which is related or due to the same cause or causes as a prior disability for which supplemental short-term disability benefits were paid, shall be deemed to be a continuation of the prior disability if the employee (i) is eligible for benefits payable under the Act, whether or not he is receiving such benefits, and (ii) returns to his position on an active employment basis for less than 45 consecutive calendar days. If a participating employee, after receiving short-term disability benefits, immediately returns to work for less than 45 consecutive calendar days and cannot continue to work, the days worked shall be deemed to have interrupted the short-term disability benefits period, and such days worked shall not be counted for purposes of determining the maximum period for which the participating employee is eligible to receive short-term disability benefits. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work programs shall not be counted in determining the duration of the period of the employee's return to work.
B. If a participating employee returns to his position on an active employment basis for 45 consecutive calendar days or longer, any succeeding period of disability shall constitute a new period of short-term disability.
C. The period of 45 days referred to in subsections A and B shall be consecutive calendar days that the participating employee is (i) actively at work and (ii) fully released to return to work full time, full duty. The Retirement System shall develop policies and procedures to administer the effects of the 45-day period in connection with participants who are deemed to have a major chronic condition.
2012, cc. 701, 823; 2013, c. 463.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1165. Supplemental long-term disability benefit

A. Supplemental long-term disability benefits for participating employees shall commence upon the expiration of the maximum period for which the participating employee is eligible to receive short-term disability benefits under § 51.1-1163.
B. Except as provided in § 51.1-1171, supplemental long-term disability benefits shall provide income replacement in an amount equal to 60 percent of a participating employee's creditable compensation.
C. Creditable compensation during periods an employee receives supplemental long-term disability benefits shall not include salary increases awarded during the period covered by long-term disability benefits.
D. Payments of supplemental long-term disability benefits payable under this article shall be reduced by an amount equal to any benefits paid to the employee under the Act, for which the employee is entitled to receive under the Act, excluding any benefit for medical, legal or rehabilitation expenses.
E. Supplemental long-term disability benefits shall be payable only during periods of total disability or partial disability.
F. Unless otherwise directed, to be eligible for benefits under this section, the employee must apply for Social Security disability benefits.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1166. Successive periods of long-term disability

A. A participating employee's disability, which is related or due to the same cause or causes as a prior disability for which supplemental long-term disability benefits were paid, shall be deemed to be a continuation of the prior disability if the employee is eligible for benefits payable under the Act, whether or not he is receiving such benefits, and returns to a position on an active employment basis for less than 125 consecutive work days. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work programs shall not be counted in determining the duration of the period of the employee's return to work.
B. If a participating employee returns to a position on an active employment basis for 125 consecutive work days or longer, any succeeding period of disability shall constitute a new period of disability.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1168. Rehabilitation incentive

Supplemental disability benefits payable to a participating employee who fails to cooperate with a rehabilitation program prescribed for the employee shall be decreased by 50 percent of the amounts otherwise payable to such employee. In determining the amount of any reduction in benefits under this section, the participating employee shall be presumed to continue to receive benefits payable under the Act. Failure to comply with a vocational rehabilitation assessment process at any time the employee is receiving supplemental disability benefits may constitute a failure to cooperate for purposes of this section.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1169. Cessation of supplemental disability benefits; service retirement

A. Supplemental disability benefits shall cease to be paid to a participating employee upon the first to occur of the following:
1. The end of the period of supplemental disability coverage as provided in subsection E of § 51.1-1163 or subsection E of § 51.1-1165;
2. The date of death of the participating employee;
3. On the date the employee attains normal retirement age; or
4. The effective date of the participating full-time employee's service retirement under the hybrid retirement program described in § 51.1-169.
Notwithstanding the foregoing, an employee who is approved for supplemental disability benefits (i) at age 60 through 64 shall be eligible for five years of supplemental disability benefits, (ii) at age 65 through 68 shall be eligible for supplemental disability benefits to age 70, and (iii) at age 69 or older shall be eligible for supplemental disability benefits for one year. The eligibility periods include supplemental short-term disability and supplemental long-term disability.
B. Upon the cessation of benefits payable under the Act, a participating full-time employee may take service retirement under any provision of this title for which the employee is otherwise eligible, including the hybrid retirement program described in § 51.1-169. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165.
C. The employee's average final compensation shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the actuary of the Virginia Retirement System, and approved by the Board, from the date of the commencement of the disability to the date of retirement.
D. The creditable service of a participating full-time employee taking service retirement pursuant to this section shall include periods during which the employee received supplemental disability benefits, provided that such creditable service shall not include periods for which (i) the employee received supplemental short-term disability benefits, (ii) the employer did not report such creditable service to the retirement system, and (iii) the employee did not purchase such creditable service.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1170. Coordination of benefits

The Board shall develop guidelines and procedures for the coordination of benefits and case management for participating employees entitled to benefits under the Act and supplemental disability benefits under this article. Such guidelines shall also address disability benefits for participating employees whose disability results from multiple injuries or illnesses, one or more of which is a work-related injury.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1171. Supplemental benefits for catastrophic disability

Disability benefits shall be increased to 80 percent of creditable compensation for any disabled participating employee who (i) is unable to perform at least two of the six activities of daily living due to a loss of functional capacity or (ii) requires substantial supervision to protect the employee from threats to health and safety as a result of severe cognitive impairment. Determination of whether a participating employee satisfies either of these conditions shall be made in accordance with the policies of the Board or its designee.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1172. Employer contributions during disability absences

Mandatory employer contributions to the defined contribution component of the hybrid retirement program pursuant to subdivision B 2 of § 51.1-169 on behalf of a participating employee shall be made for each employee who is permanently and totally disabled (as defined in § 22(e)(3) of the Internal Revenue Code). The calculation of such contributions shall be based on the full amount of the participating employee's creditable compensation.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1173. Health insurance coverage during disability absences

Participating employees enrolled in a health insurance plan shall (i) continue to be covered during periods of short-term disability and (ii) have the option of continuing to be covered by such plan during periods of absence covered by long-term disability benefits, but only to the extent such health insurance coverage is provided by the employers of such participating employees.
2012, cc. 701, 823; 2013, c. 463.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1174. Life and accident insurance coverage during disability absences

A. Participating employees participating in a group life and accident insurance program established pursuant to Chapter 5 (§ 51.1-500 et seq.) shall continue to participate in such program during periods of absence covered by short-term and long-term disability benefits.
B. During periods of absence covered by short-term disability benefits, the amount of the life insurance benefit shall be based on the annual salary of the participating employee at the commencement of the disability and shall be adjusted to include salary increases awarded during the period covered by short-term disability benefits.
C. During periods of absence covered by long-term disability benefits, the amount of the life insurance benefit shall be based on the annual salary of the participating employee at the commencement of the disability. Such amount shall not include salary increases awarded during the period covered by long-term disability benefits.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1175. Optional insurance during disability absences

Participating employees may continue coverage under the optional insurance for themselves and their spouses and minor dependents pursuant to § 51.1-512 at their own expense during periods of disability.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1176. Exclusions and limitations

A. Disability benefits shall not be payable to any participating employee (i) whose disability results from the employee's commission of a felony or (ii) during any period when the employee is incarcerated.
B. Long-term disability benefits shall not be payable to any participating employee whose disability results from the abuse of alcohol, the misuse of any prescribed medication, or the misuse of any controlled substance, unless the employee is actively receiving treatment and, in the judgment of the case manager, is fully complying with the treatment plan and is making substantial progress toward rehabilitation.
C. Disability benefits shall not be payable if the participating employee is determined by the Board or its designee to be noncompliant with the program.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1177. Appeals

The Board may elect to develop an alternative to the process set forth in the Administrative Process Act (§ 2.2-4000 et seq.) to allow appeals of case decisions related to the payment of disability benefits under this chapter. This alternative process shall be modeled after the claims provisions as provided for in the federal Employee Retirement Income Security Act of 1974, as amended, and shall (i) provide for adequate notice in writing to any participant whose claim for benefits has been denied setting forth the specific reasons for such denial and (ii) afford a reasonable opportunity to any participant whose claim for benefits has been denied for a review of the decision denying the claim. Articles 3 (§ 2.2-4018 et seq.) and 4 (§ 2.2-4024 et seq.) of the Administrative Process Act shall not apply to any portion of this alternative appeals process.
However, any person aggrieved by, and claiming the unlawfulness of, a final case decision issued pursuant to this alternative appeals process, whether issued by the Board or by the Board's delegate, shall have a right to seek judicial review thereof. Such judicial review shall be in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1178. Board authorized to provide long-term care insurance and benefits

A. For purposes of this section, "participating employee" means the same as that term is defined in § 51.1-1150.
B. The Board is authorized to develop, implement, and administer a long-term care insurance program for participating employees. The Board may contract for and purchase such long-term care insurance or may self-insure long-term care benefits or may use such other actuarially sound funding necessary to effectuate such long-term care insurance and benefits.
C. Employers of participating employees shall pay to the Board contribution amounts, to be determined by the Board, to provide the Board with such funds as shall be required from time to time to (i) obtain and maintain long-term care insurance and benefits for participating employees and (ii) administer the long-term care insurance program, including providing case management and cost containment programs. Contributions shall be deposited in the Hybrid Retirement Program Disability Insurance Trust Fund established under § 51.1-1183.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1179. Limitation on coverage

No person shall have more than one coverage under a disability benefit program. Any person employed in more than one position that provides coverage under a disability benefit program shall elect one position on which his coverage shall be based by written notification to the Board. No person shall receive more than one disability benefit under this chapter at the same time.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1182. Policies to provide for accounting to Board; advance premium deposit reserve

A. Each insurance product purchased by the Board or contract for administrative services related to a self-funded product shall provide for an accounting to the Board not later than 120 days after the end of each product year. For an insurance product, the accounting shall include (i) the amounts of premiums actually accrued under the policy during the policy year, (ii) the total amount of all claim charges incurred during the policy year, and (iii) the amount of fees accrued under the policy during the year plus the total amount of all claim charges incurred during the policy year. For a self-insured product, the accounting shall include the total amount of all claim charges incurred during the product year, the total amount of third-party administrator expenses, and the total amount of other charges for administrative services.
B. Any portion of the excess of the total of clause (i) of subsection A over clause (iii) of subsection A may, with the approval of the Board, be held by the insurance company in an advance premium deposit reserve to be used by the company for charges under the policy only. Any expenses incurred by the Board in connection with the administration of the disability benefits provisions of the program may be deducted from the advance premium deposit reserve. The advance premium deposit reserve shall bear interest at a rate to be determined in advance of each policy year by the insurance company. The rate shall be subject to Board approval as being consistent with the rates generally used by the company for similar funds held under other disability insurance policies. Any portion of the excess not held by the insurance company shall be held by the Board to be used for charges under the policy only. If the Board determines that the advance premium deposit reserve, together with any portion of the excess accumulated and held by the Board, has attained an amount estimated to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall inure to the benefit of the Commonwealth and its political subdivisions as determined by the Board.
C. For purposes of this section, the insurance company may combine and consolidate the policies issued by it as directed by the Board.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 11.1 - Disability Program for Hybrid Retirement Program Participants › § 51.1-1183. Funding of program; Hybrid Retirement Program Disability Insurance Trust Fund established

A. The costs of providing short-term disability benefits shall be paid by the respective employers of participating employees. Employers that are state agencies shall pay such costs from funds as shall be appropriated by law to state agencies.
B. Employers of participating employees shall pay to the Board contribution amounts, to be determined by the Board, to provide the Board with such funds as shall be required from time to time to (i) obtain and maintain long-term disability insurance policies under this chapter and (ii) administer the Program, including providing case management and cost containment programs. Employers that are state agencies shall make such contributions from funds as shall be appropriated by law to state agencies. Contributions shall be deposited in the Hybrid Retirement Program Disability Insurance Trust Fund.
C. There is hereby established the Hybrid Retirement Program Disability Insurance Trust Fund. The costs incurred by the Board in providing policies of long-term disability insurance and administering the Program and in administering the long-term care insurance program established under § 51.1-1178, including the provision of case management and cost containment programs, shall be withdrawn from time to time by the Board from the Hybrid Retirement Program Disability Insurance Trust Fund. The funds of the Hybrid Retirement Program Disability Insurance Trust Fund shall be deemed separate and independent trust funds, shall be segregated from all other funds of the Commonwealth and its political subdivisions, and shall be invested and administered solely in the interests of the participating employees and beneficiaries thereof. Neither the General Assembly nor any public officer, employee, or agency shall use or authorize the use of such trust funds for any purpose other than as provided in law for benefits, refunds, and administrative expenses, including but not limited to legislative oversight of the Hybrid Retirement Program Disability Insurance Trust Fund.
2012, cc. 701, 823.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1200. Fund established; administration and management; Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board

There is hereby created a fund to be known and designated as the "Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund" (the Fund). The Fund is established to provide service awards to eligible volunteer firefighters and volunteer emergency medical services personnel who elect to become members of the Fund. The Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board (the Board) shall utilize the assistance of the Virginia Retirement System in establishing, investing, and maintaining the Fund. The Board of Trustees of the Virginia Retirement System shall administer and manage the investment of the Fund as custodian and provide staff to further carry out the provisions of this chapter. The Virginia Retirement System shall invest the Funds in accordance with Article 3.1 (§ 51.1-124.30 et seq.) of Chapter 1. The Fund shall annually reimburse the Virginia Retirement System for all costs incurred and associated, directly and indirectly, with the administration of this chapter and management and investment of the Fund.
1999, cc. 664, 860; 2001, c. 672; 2015, cc. 502, 503.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1201. Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board

A. The Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund Board is hereby created and is to be composed of 10 members. The Director of the Virginia Retirement System shall be a member and act as chairman. The Governor shall appoint three members of the Board from a list provided by the Virginia State Firefighters Association and three members from a list provided by the Virginia Association of Volunteer Rescue Squads. Such appointees shall be confirmed by the General Assembly and shall serve for six-year terms. No Board member appointed by the Governor shall serve more than two full consecutive terms. The Speaker of the House of Delegates shall appoint two members of the House of Delegates and the Senate Committee on Rules shall appoint one member of the Senate. Legislative members shall serve terms coincident with their terms of office.
B. The Director of the Virginia Retirement System with the consent of the Board shall immediately declare the office of any nonlegislative member of the Board vacant when he finds that the member is unable to perform the duties of his office or for any reason does not meet the qualifications of this section. The Governor shall appoint a new member, subject to confirmation by the General Assembly, to serve for a full or unexpired term whenever the office of a nonlegislative member becomes or is declared vacant. In any case where a new appointment is made, the person receiving the appointment shall be a (i) volunteer firefighter representative if his predecessor was a volunteer firefighter representative or (ii) volunteer emergency medical services personnel representative if his predecessor was a volunteer emergency medical services personnel representative.
C. The members of the Board shall serve without compensation; however, the nongovernmental members may be reimbursed for their reasonable expenses incurred in attending meetings of the Board or in acting in an official capacity for the Board.
D. The first Board appointed shall meet as soon as practicable for the purpose of organizing and electing officers. Officers other than the chairman shall be elected for one-year terms. The Board shall adopt a general statement of policy and procedures. The Board shall meet at least annually and at such special meetings as the chairman may call. The chairman may call a special meeting at any time and shall call a special meeting when requested by three or more members of the Board. No meeting shall be deemed a regular or special meeting unless a quorum is present.
E. Members of the Board shall be subject to removal from office only as set forth in Article 7 (§ 24.2-230 et seq.) of Chapter 2 of Title 24.2. The Circuit Court of the City of Richmond shall have exclusive jurisdiction over such removal proceedings.
1999, cc. 664, 860; 2000, c. 911; 2001, c. 672; 2006, c. 707; 2015, cc. 502, 503; 2017, c. 209.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1202. Powers and duties of the Board

The Board shall promulgate such rules and policies as are necessary to carry out its responsibilities as required by this chapter. The Board may contract the administrative services related to the service awards provided for herein and designate authority for the administration of those service awards based on the standards set forth in § 51.1-124.30. The Board or its designee shall (i) request such general fund appropriations as necessary to maintain the Fund, (ii) make determinations of eligibility for membership in the Fund, (iii) approve applications for service awards to be paid from the Fund, and (iv) exercise all other powers necessary for the administration of this chapter and management of the Fund. Member contributions to the Fund shall be segregated into separate member accounts and be used only to pay service awards to its members. The Board shall adopt rules and policies that bring the Fund into compliance with any applicable law or regulation of this Commonwealth or the United States.
1999, cc. 664, 860; 2001, c. 672.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1203. Definitions

For purposes of this chapter, unless the context requires a different meaning:
"Creditable service" means service as an eligible volunteer plus any service credited pursuant to § 51.1-1207.
"Eligible volunteer" means any volunteer emergency medical services personnel or any volunteer firefighter who is a member of a bona fide volunteer emergency medical services agency or volunteer fire department and who is otherwise eligible pursuant to the criteria established by the Board.
"Member" means an eligible volunteer.
1999, cc. 664, 860; 2002, c. 349; 2015, cc. 502, 503.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1204. Application for membership in Fund; quarterly payments by members; matching payments from the general fund; payments credited to separate accounts of members

Eligible volunteers, and all persons who subsequently become eligible volunteers, may apply to the Board for membership in the Fund. Upon becoming a member of the Fund, each eligible volunteer shall pay an amount to be set by the Board per quarter into the Fund. Each quarterly payment made by a member shall be supplemented by such contribution from the general fund of the state treasury for a period not to exceed 20 years as shall be determined by the Board and as may be appropriated by the general appropriation act. The quarterly payments shall be credited to the separate accounts of the members, and the matching contributions shall be credited to the Fund. The member contribution or any additional contribution to the Fund may be made by (i) the individual fire department or emergency medical services agency, provided it is paid for all eligible members of the Fund within the particular fire department or emergency medical services agency; (ii) local government, provided it is paid for all eligible members of the Fund who are volunteers for fire departments or emergency medical services agencies within the jurisdiction of the local government; or (iii) any other source provided it is paid for all eligible members of the Fund. Such accounts shall be kept so that they are available for payment on withdrawal from membership or upon receipt of the service award. No eligible volunteer shall maintain more than one membership in the Fund. In the event an eligible volunteer is in more than one eligible position, he must choose the position upon which his membership will be determined.
1999, cc. 664, 860; 2001, c. 672; 2015, cc. 502, 503.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1205. Equivalent distribution

Any member who has attained the age of sixty and who has ten years of creditable service as an eligible volunteer shall be entitled to a distribution from the Fund equivalent to the contributions that he has made, the appropriate matching contributions made on his behalf, and any investment gains on such contributions less any losses, provided that such amount shall be reduced by the amount of any distribution to such member under § 51.1-1206. The Board may provide alternative methods of distribution in lieu of a lump sum distribution to members entitled to a service award under this section.
The distributions provided shall be in addition to all pensions or other benefits under any other statutes of the Commonwealth or the United States.
1999, cc. 664, 860; 2001, c. 672; 2002, c. 349.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1207. Determination of prior creditable service; information furnished by applicants for membership

Any member with eligible service prior to the effective date of membership may purchase up to 10 years of such service upon certification of his fire department or emergency medical services agency. Such purchase shall be prorated at the rate of one year for every two years of eligible service. The cost of such service shall be an amount as established by the Board. Notwithstanding any other provisions of this chapter, the Board may grant qualified prior service credits to an eligible volunteer firefighter or eligible volunteer emergency medical services personnel, under such terms and conditions that the Board may adopt, if the Board determines that such volunteer has been denied such prior service credit through no fault of his own.
1999, cc. 664, 860; 2001, c. 672; 2002, c. 349; 2015, cc. 502, 503.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1208. Length of service not affected by serving in more than one department or agency; transfer from one department or agency to another

The length of service of an eligible volunteer firefighter or eligible volunteer who is an individual who meets the definition of "emergency services personnel" in § 32.1-111.1 shall not be affected by the fact that he may have served with more than one department or agency, and upon transfer from one department or agency to another, notice of the fact shall be given to the Board.
1999, cc. 664, 860; 2015, cc. 502, 503.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1209. Effect of member not maintaining eligibility and being six months delinquent in making monthly payments

A. Any member who does not maintain his eligibility as a member and who becomes six months delinquent in making the required quarterly payments by the date as determined by the Board, shall forfeit his membership in the Fund. Upon forfeiting his membership and becoming delinquent, such membership shall be reinstated only upon written request to the Board, and such reinstatement shall be at the sole discretion of the Board.
B. Any member who ceases to maintain his eligibility while in good standing, but notifies the Board of his intention to resume eligibility shall be reinstated upon written request to the Board.
1999, cc. 664, 860.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1210. Administrative fee for rejoining the Fund

Any individual who had been a member of the Fund and who applies to rejoin the Fund shall not be entitled to membership until he has paid an administrative fee of twenty-five dollars. The Board shall elect to waive the twenty-five dollar fee for members reinstated pursuant to subsection B in § 51.1-1209.
1999, cc. 664, 860; 2002, c. 349.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 12 - Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund › § 51.1-1211. Falsification of records; penalty

Any person who knowingly makes any false statement or falsifies or permits the falsification of any record related to eligibility for membership in the Fund in any attempt to defraud the Fund shall be guilty of a Class 1 misdemeanor.
1999, cc. 664, 860.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 13 - Benefit Restoration Plan › § 51.1-1300. Definitions

As used in this chapter, unless the context requires a different meaning:
"Board" means the Board of Trustees of the Virginia Retirement System.
"Member" means any member whose benefits under the Virginia Retirement System (§ 51.1-124.1 et seq.), the State Police Officers' Retirement System (§ 51.1-200 et seq.), the Virginia Law Enforcement Officers' Retirement System (§ 51.1-211 et seq.), or the Judicial Retirement System (§ 51.1-300 et seq.) would otherwise be limited by § 415(b) of the Internal Revenue Code.
"Retirement System" means the Virginia Retirement System.
2001, cc. 681, 692.