(a) Upon retirement from service, a member shall receive a service retirement annuity, payable semi-monthly, computed at the rate of 2.5% of average compensation times the number of years of credited service, not to exceed 40 years.
To the amounts of annual service retirement annuity produced by the application of the foregoing rates in any case in which average compensation is $4,500 per year or less shall be added the sum of $20.00 per year of credited service, and in any case in which average compensation is over $4,500 but not more than $6,000 per year, shall be added the sum of $10.00 per year of credited service, however, the foregoing shall not apply to any person with 40 or more years credited service. Notwithstanding any other provision of this chapter, the service retirement annuity of any member or special pensioner who has at least 20 years of credited service regardless of the retirement law in effect when the member retired, shall be not less than $2,400 per year; provided that the service retirement annuity of any such member or special pensioner who has at least 20 years of credited service, and who is not eligible to receive Social Security benefits, shall be not less than $3,600 per year; and provided further, that for the purposes of this provision establishing minimum retirement annuities, the term “member” shall include all members and annuitants of the system and all annuitants of the superseded retirement funds incorporated into the system pursuant to section 721 of this chapter.
A proportional amount of service retirement annuity shall be determined and granted for a fractional part of a year of service at the end of the total service period.
(b) In the case of a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer, or combination thereof:(1) The retirement annuity, for credited service of less than 20 years, shall be as provided in subsection (a) of this section, but not less than two percent of average compensation per year of credited service.(2) The retirement annuity for credited service of 20 years or more as a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, corrections officer, or combination thereof, shall be the annuity produced by 3 percent of average compensation per year of credited service, but in no event shall the retirement benefits payable to a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer or combination thereof under the provisions of this chapter exceed 90 percent of average compensation, except as increased by paragraph (3) of this subsection; Provided, however, That any member qualifying for benefits under this paragraph may elect to receive such benefits or the benefits payable for his years of credited service under subsection (a) of this section.(3) Beginning with the first day of the month coincident with or next following the date following the date on which the retired policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals or corrections officer has attained the age of sixty years and who has qualified for annuity payments under paragraph (2) of this subsection, the retirement benefits granted under this section shall be increased by 1.5 percent per annum and shall be increased by an additional 1.5 percent per annum each year thereafter.(4) [Repealed.]
(1) The retirement annuity, for credited service of less than 20 years, shall be as provided in subsection (a) of this section, but not less than two percent of average compensation per year of credited service.
(2) The retirement annuity for credited service of 20 years or more as a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, corrections officer, or combination thereof, shall be the annuity produced by 3 percent of average compensation per year of credited service, but in no event shall the retirement benefits payable to a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer or combination thereof under the provisions of this chapter exceed 90 percent of average compensation, except as increased by paragraph (3) of this subsection; Provided, however, That any member qualifying for benefits under this paragraph may elect to receive such benefits or the benefits payable for his years of credited service under subsection (a) of this section.
(3) Beginning with the first day of the month coincident with or next following the date following the date on which the retired policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals or corrections officer has attained the age of sixty years and who has qualified for annuity payments under paragraph (2) of this subsection, the retirement benefits granted under this section shall be increased by 1.5 percent per annum and shall be increased by an additional 1.5 percent per annum each year thereafter.
(4) [Repealed.]
(c) Only a nurse, teacher or police officer receiving a service retirement annuity who reenters the service of the government may continue to receive his annuity while in receipt of salary from the Government, either by appointment or on a contractual basis, for a period of time not to exceed two years. At the end of such period, the service retirement annuity shall be cancelled and the member shall thereupon again become a contributor to the system. Upon subsequent retirement, the member shall receive a retirement annuity which shall consist of (a) the previous retirement annuity which had been cancelled, plus (b) the additional retirement annuity earned during reemployment. If such member renders at least 3 years of additional service during reemployment, his retirement annuity shall be recalculated according to the provisions of the retirement system in effect at the date of his latest retirement based upon his entire period of service including service rendered both before and after the date of reemployment by the government, provided that the annuity shall in no event be less than the amount originally granted.
(d) Notwithstanding subsection (c), any retired member of the System, may reenter the service of the government in the executive branch by appointment for a period of time not to exceed 72 months without any effect on the member’s status as retired and without suspension or diminution of the member’s retirement annuity under the following conditions:(1) The prospective central government employing entity must obtain approval from the Director of the Division of Personnel after submitting a written request that states detailed reasons for employing the retired member. The respective hiring agency head of all other government entities is the officer required to approve hires under this provision. Before approving a request to employ a retired member, the appropriate officer must find that:(A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed;(B) There is an urgent need for the retired member’s services as a result of an existing vacancy for which the employing entity has been unable to recruit a qualified individual;(C) The hiring is non-permanent rather than a final filling of the position and is a newly established job classification that results in a new employee number being issued to any retiree reentering government service; and(D) The prospective employer has prepared a detailed recruitment plan to fill the vacancy on a permanent basis.(2) Upon approving employment of a retired member under this subsection, the appropriate officer must certify the approval to the System.(3) The retired member may reenter the government service not earlier than nine months from the date of the member’s retirement.(4) Upon reentering government service, the member must pay contributions to the System at the Tier I rate pursuant to section 767 of this title, and the employer has a duty to pay its contribution to the System as provided in section 767.(5) Participants under the 65 years of age must be enrolled in the Government health insurance program for active Government employees. The insurance premiums of the participants under 65 years of age must be withheld from their government employment salary. All participants aged 65 and older must maintain the existing state of affairs with respect to their health insurance.(6) Upon subsequent retirement, the member’s annuity does not increase as a result of the member’s reemployment under this subsection.(7) Employment under this section must be made via the Notice of Personnel Action (NOPA) process, or the regular method of employment used by the hiring agency, except for recipients of professional services contracts awarded through the competitive bidding process.(8) Participants hired to fill unionized positions are subject to and must comply with the union’s collective bargaining agreement applicable to their position.
(1) The prospective central government employing entity must obtain approval from the Director of the Division of Personnel after submitting a written request that states detailed reasons for employing the retired member. The respective hiring agency head of all other government entities is the officer required to approve hires under this provision. Before approving a request to employ a retired member, the appropriate officer must find that:(A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed;(B) There is an urgent need for the retired member’s services as a result of an existing vacancy for which the employing entity has been unable to recruit a qualified individual;(C) The hiring is non-permanent rather than a final filling of the position and is a newly established job classification that results in a new employee number being issued to any retiree reentering government service; and(D) The prospective employer has prepared a detailed recruitment plan to fill the vacancy on a permanent basis.
(A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed;
(B) There is an urgent need for the retired member’s services as a result of an existing vacancy for which the employing entity has been unable to recruit a qualified individual;
(C) The hiring is non-permanent rather than a final filling of the position and is a newly established job classification that results in a new employee number being issued to any retiree reentering government service; and
(D) The prospective employer has prepared a detailed recruitment plan to fill the vacancy on a permanent basis.
(2) Upon approving employment of a retired member under this subsection, the appropriate officer must certify the approval to the System.
(3) The retired member may reenter the government service not earlier than nine months from the date of the member’s retirement.
(4) Upon reentering government service, the member must pay contributions to the System at the Tier I rate pursuant to section 767 of this title, and the employer has a duty to pay its contribution to the System as provided in section 767.
(5) Participants under the 65 years of age must be enrolled in the Government health insurance program for active Government employees. The insurance premiums of the participants under 65 years of age must be withheld from their government employment salary. All participants aged 65 and older must maintain the existing state of affairs with respect to their health insurance.
(6) Upon subsequent retirement, the member’s annuity does not increase as a result of the member’s reemployment under this subsection.
(7) Employment under this section must be made via the Notice of Personnel Action (NOPA) process, or the regular method of employment used by the hiring agency, except for recipients of professional services contracts awarded through the competitive bidding process.
(8) Participants hired to fill unionized positions are subject to and must comply with the union’s collective bargaining agreement applicable to their position.
(e) Notwithstanding subsection (c), any retired member of the System, may reenter the service of the government in the legislative and judicial branches of the Government by appointment or by contract for a period not to exceed 72 months without any effect on the member’s status as retired and without suspension or diminution of the member’s retirement annuity under the following conditions:(1) Before approving a request to employ a retired member, the appropriate officer must find that:(A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed.(B) There is an urgent need for the retired member’s services; and(C) The hiring is non-permanent; and(2) The hiring must satisfy the requirements of subsection (d), paragraphs (2), (3), (4), (5) and (6).
(1) Before approving a request to employ a retired member, the appropriate officer must find that:(A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed.(B) There is an urgent need for the retired member’s services; and(C) The hiring is non-permanent; and
(A) The retired member is qualified and competent for performance of the duties of the position in which member is to be employed.
(B) There is an urgent need for the retired member’s services; and
(C) The hiring is non-permanent; and
(2) The hiring must satisfy the requirements of subsection (d), paragraphs (2), (3), (4), (5) and (6).
(f) Notwithstanding any other law, no member shall receive a service retirement annuity in an amount that exceeds $65,000 per annum exclusive of any cost of living annuity, bonuses or adjustments.
(g) A retiree who re-enters the service of the government to be employed by the University of the Virgin Islands, in the positions of faculty, medical education faculty, executive leadership in medical education and operational capacities in the medical simulation center; medical school and biomedical facility, educators in medical simulation, biomedical and robotics technologies and grant writers, may continue to receive an annuity from GERS for up to a period of six years while in receipt of a salary from the University of the Virgin Islands if the retiree is enrolled in an alternative retirement system. In the third year after the enactment of this section, the Legislature of the Virgin Islands shall consider the economic effects of this section on the Government Employee Retirement System of the Virgin Islands and the University of the Virgin Islands and may allow further extensions to the term of service under this section if necessary.