Sec. 31-30. - Membership generally.

The following described persons shall be compulsorily included as members of the fund:

(a)

All employees hired by the city prior to March 1, 2010, and as defined in section 31-25

(b)

All employees hired by the school board prior to July 1, 2009, and as defined in section 31-25

(c)

Elected officials who are elected prior to March 1, 2010, and all employees of elected officials hired prior to March 1, 2010, and as defined in section 31-25 whose membership in the fund has been requested by an elected official, recommended by the board and approved by city council pursuant to the following:

(1)

Elected officials as herein defined may elect membership in the fund for themselves by making written notice to the board and agreeing to abide by the provisions of this article. Once an elected official makes an election, membership shall be compulsory for that elected official throughout the official's term(s) of office provided the initial election was prior to March 1, 2010, and the elected official's subsequent terms, if any, are consecutive with no break in service.

(2)

Elected officials as herein defined may elect to provide membership in the fund for their employees by making written notice to the board and agreeing to abide by the provisions of this article. Once an elected official makes an election for their employees, membership shall be compulsory for all existing employees of that elected official and all employees hired by that elected official prior to March 1, 2010.

(3)

All employees of elected officials whose membership in the fund has been previously established as provided in this section.

(4)

Elected officials shall make elections as provided in this section within ninety (90) days of taking the oath of office as an elected official. Elected officials who do not exercise their options for membership for themselves or their employees as herein provided within ninety (90) days of taking the oath of office shall exclude themselves from membership and shall exclude those employees that they subsequently hire from membership during their term(s) of office.

(Ord. No. 51, § 4; Ord. Nos. 220, 407, 1805; Code 1961, § 32-10; Ord. No. 2709-80; Ord. No. 6434-07, § 1; Ord. No. 6602-09, § 1; Ord. No. 6658-10, § 1)

Editor's note—

Ord. No. 6658-10, § 1, adopted Jan. 26, 2010, shall be in effect on and after March 1, 2010.

Sec. 31-31. - Exclusions from membership.

The following persons shall not be members of the fund:

(1)

Employees hired or rehired by the city on or after March 1, 2010.

(2)

Employees who are not serving in a regular full-time or equivalent position as defined by the administrative policies of the city for membership eligibility.

(3)

Persons who are classified as "independent contractors," "vendors," or "consultants" of a participating employer.

(4)

Elected officials and employees of elected officials who have not become members as provided in section 31-30

(5)

Leased employees within the definition contained in IRC section 414.

(6)

Employees hired or rehired by the school board on or after July 1, 2009.

(Ord. No. 2709-80; Ord. No. 3097-83; Ord. No. 3476-86; Ord. No. 6434-07, § 1; Ord. No. 6602-09, § 1; Ord. No. 6658-10, § 1)

Editor's note—

Ord. No. 6658-10, § 1, adopted Jan. 26, 2010, shall be in effect on and after March 1, 2010.

Sec. 31-32. - Cessation of membership.

The membership of any person in the fund shall cease upon:

(1)

Termination of service as an employee prior to vesting;

(2)

The transfer of assets of the fund attributable to the member to VRS or another political subdivision of the Commonwealth pursuant to the portability provision of section 31-42 of this Code; or

(3)

Death of the member.

(Ord. No. 2709-80; Ord. No. 2971-82; Ord. No. 6434-07, § 1)

Sec. 31-33. - Rights under this article not subject to assignment, execution, garnishment, etc.

The right of a member to a service retirement allowance, disability benefit, death benefit, or any other right accrued or accruing to any member or beneficiary under the provisions of this article shall be unassignable and not be subject to sale, execution, garnishment or attachment, or any other legal process. Notwithstanding the preceding, the fund shall recognize domestic relations orders in accordance with IRC section 414(p)(11) or its successor.

A domestic relations order does not fail to be treated as a qualified domestic relations order, as defined in IRC section 414(p), solely because (i) the domestic relations order is issued after the death of the member, (ii) at the time the domestic relations order is issued, the spouse no longer meets the definition of surviving spouse under the fund, (iii) the domestic relations order is issued after the member's or beneficiary's annuity commencement date, or (iv) the domestic relations order is issued after, or revises, a prior domestic relations order.

(Ord. No. 51, § 30; Code 1961, § 32-36; Ord. No. 2709-80; Ord. No. 5909-03, § 1; Ord. No. 6434-07, § 1; Ord. No. 6562-09, § 1)

Sec. 31-34. - Virginia Retirement System (VRS).

(a)

All eligible employees of the city or of an elected official hired or rehired on or after March 1, 2010, shall be members of VRS, and subject to the provisions of VRS.

(b)

Subject to applicable law, all eligible elected officials who are elected on or after March 1, 2010, and who are not members of the fund under section 31-30, shall be members of VRS, and subject to the provisions of VRS.

(c)

Any person who is a member of the fund on February 28, 2010 other than employees of the school board shall have the option, at no cost to the city, of becoming a member of VRS and terminating his membership in the fund thereafter upon filing with the department of finance prior to March 1, 2011 a notice of election on a form provided by the department. Such notice of election when filed shall be irrevocable, unless otherwise provided by law. Any such person electing to become a member of VRS shall accept the provisions of VRS.

(Ord. No. 6658-10, § 1)

Editor's note—

Ord. No. 6658-10, § 1, adopted Jan. 26, 2010, shall be in effect on and after March 1, 2010.