Title 3 — Executive
37 chapters · 651 sections in this title.
3 V.I.C. § 701 System created
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(a) There shall be and is hereby created a retirement and benefit system for officials and employees of the Government of the United States Virgin Islands and for their dependents and beneficiaries, for the payment of retirement annuities, disability annuities, and other benefits…
3 V.I.C. § 702 Definitions
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(a) Words and phrases wherever used in this chapter, unless a different meaning is plainly expressed in the context or a different definition has been provided elsewhere in the chapter, shall have the following meanings—(a) “System” shall mean the Employees Retirement System of t…
3 V.I.C. § 703 Membership
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(a) The following persons shall be included as members:(a) Any person who is an employee and in service on September 30, 1959, shall become a member as of the date of establishment.(b) Any person who becomes an employee on or after the date of establishment shall become a member …
3 V.I.C. § 704 Credited service
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(a) Subject to the provisions of section 721 of this title each employee in service on the date of establishment shall receive credit as prior service for all service rendered in any department, division or agency of the employer, except such service as is excluded by section 703…
3 V.I.C. § 705 Conditions for service retirement
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(a) An application for an annuity shall be in writing, addressed to the System in care of the Administrator. The annuity when granted shall begin as of the 1st day of the month next following the date of withdrawal from service. In no case shall an annuity become effective prior …
3 V.I.C. § 706 Amount of service retirement annuity
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(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 ann…
3 V.I.C. § 706a Limitation on compensation of retired contractual employees
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No retiree of the federal government, the Government of the United States Virgin Islands, or of the private sector shall be employed by the Government of the Virgin Islands on a contractual basis the compensation of which exceeds the highest rate of salary received by that employ…
3 V.I.C. § 707 Options at retirement
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(a) In lieu of the retirement allowance for his life alone, a member, but not a retired member, may elect, revoke, or change a previous elections, to have the actuarial equivalent of his retirement allowance as of the date of retirement applied to provide a lesser retirement allo…
3 V.I.C. § 708 Duty disability annuity
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(a) Any member who becomes totally and permanently incapacitated for service as the proximate result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of his duties, if such injuries or hazard were not the consequences of the willful…
3 V.I.C. § 709 Duty-connected death annuity
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(a) Upon death of a member before retirement as the proximate result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of his duties, if such injuries or hazard were not the consequence of the wilful misconduct of the member, the sur…
3 V.I.C. § 710 Nonduty disability retirement annuity
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(a) Any member under age 60 having at least 9 years of credited service who becomes totally and permanently disabled for service, either mentally or physically, from any cause other than duty disability shall be entitled to a nonduty disability annuity. (b) Such annuity shall beg…
3 V.I.C. § 710a Committee of Medical Review
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(a) There is hereby created a Committee of Medical Review, to fulfill the requirements of Sections 708 and 710 of this chapter, and to assure fair and impartial evaluation of all claims for permanent disability retirement benefits. Claims for duty and nonduty disability, pursuant…
3 V.I.C. § 711 Administration of disability annuities
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(a) At least once each year during the first five years following the allowance of a disability annuity to any member, and at least once in every three-year period thereafter, until a member's attainment of age 55, the Board shall require any disability beneficiary to undergo a m…
3 V.I.C. § 712 Death benefit provisions
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Death while in service Death while in service (a) Upon death of a member while in service, if no duty-connected death annuity is payable, a payment of the accumulated contributions of the member shall be payable.(b) Upon the death of a member while in service, not enrolled in the…
3 V.I.C. § 713 Refunds
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(a) Upon withdrawal from service, any member who does not have ten years of credited service and is not then eligible for a service retirement annuity shall be entitled to receive a refund of the accumulated contributions, plus regular interest, including contributions made by th…
3 V.I.C. § 714 Coverage of members of the Legislature
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(a) Membership in the system for members of the Legislature shall be optional. Each member in service on July 1, 1970, and who is not then a member of the system by previous election, may obtain coverage in the system by filing an application within twelve (12) months from such d…
3 V.I.C. § 715 GERS; Board of Trustees; duties and responsibilities
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(a) The Virgin Islands Government Employees Retirement System is established as an independent and separate agency of the Government of the United States Virgin Islands. The responsibility for the proper operation of the System and for making effective the provisions of this chap…
3 V.I.C. § 716 Treasurer; legal counsel
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(a) The Board of Trustees shall appoint a treasurer of the system who shall perform the following duties:(1) Act as official custodian of the cash and securities belonging to the system and provide adequate safe deposit facilities for the preservation of the securities and hold t…
3 V.I.C. § 717 Investments
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(a) [Repealed.] (b) The Board is vested with the discretionary investment strategy authority to vary the investment criteria set out in this section by no greater than 25% of the aggregate amounts specified. The Board is prohibited from changing the securities ratings specified i…
3 V.I.C. § 717a Payment of loan after retirement
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Notwithstanding any provision of law to the contrary, any person who has a personal, mortgage, or mortgage chattel loan from the retirement system may upon retirement, if otherwise entitled, receive his retirement annuity, notwithstanding the fact that he may have an outstanding …
3 V.I.C. § 718 Financing
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(a) The various obligations of the System shall be financed in accordance with actuarial reserve requirements from contributions by members, contributions by the employer, interest income, and other income accruing to the System. From time to time, the Board may actuarially deter…
3 V.I.C. § 718a Financial obligations; government
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(a) Upon the basis of each annual actuarial valuation and appraisal provided for in this chapter, the Administrator, on or before the fifteenth day of September of each year shall prepare and file with the Budget Director and the Chairperson of Legislature's Committee on Finance …
3 V.I.C. § 718b Contribution from retroactive wages
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A retiree who is paid retroactive wages is not subject to payment of any contribution to the System from such retroactive wages. The System shall refund to the retiree any such contribution withheld from the payment of the retroactive wages.
3 V.I.C. § 718c Election available to eligible employees
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Notwithstanding the provisions of this chapter, participation in the early retirement program shall be voluntary for eligible employees as defined by this subchapter. Any person eligible for early retirement may elect to participate in the regular retirement program with contribu…
3 V.I.C. § 718d Transfers of eligible employees
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(a) A person eligible for early retirement, transferred to a position which does not qualify as a person so eligible after at least ten years of service as a person so eligible may elect to continue to contribute at the additional rate of compensation, for which he shall receive …
3 V.I.C. § 718e Persons eligible for early retirement; definition
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For the purposes of sections 718a-718d of this chapter “person eligible for early retirement” means a policeman, fireman, including a fireman employed by the Virgin Islands Port Authority, Virgin Islands marshal and probation officer of the Superior Court, internal affairs agents…
3 V.I.C. § 718f Legislative approval
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Notwithstanding any contrary provision of this chapter, the Board may not increase employer or employee contribution amounts to the system without obtaining legislative approval.
3 V.I.C. § 719 Accounting
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(a) An adequate system of accounts and records shall be established and maintained for the System that will give effect to the requirements of this chapter. This System shall be integrated, to the extent possible, with the accounts, records and procedures of the employer to the e…
3 V.I.C. § 720 Obligations of employer
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It shall be the duty of the employer to provide the System with records concerning the periods of service, dates of birth, compensation, new entrants into service, deaths, withdrawals and such other data on the employees as is necessary for the proper and effective operation of t…
3 V.I.C. § 721 Superseded retirement funds or systems
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Effective as of October 1, 1959, there shall be transferred to this System all moneys, securities, loans receivable and other property to which title is held under applicable legislation relating to the existing retirement funds. The trustees of such retirement funds are hereby a…
3 V.I.C. § 722 Vested interest of employees; effect
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Each member shall, by virtue of the payment of contributions to this system, receive a vested interest in such contributions, and in consideration of such vested interest shall be conclusively deemed to undertake and agree to pay the same and to have them deducted from his compen…
3 V.I.C. § 723 Annuity and benefit payments
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The right of any member or other beneficiary to any annuity, benefit or refund shall accrue as of the date of establishment. Except as herein specifically otherwise provided, any annuity provided herein shall be payable for life in equal semimonthly installments from the beginnin…
3 V.I.C. § 724 Penalties for fraud; adjustment of changes or errors in records
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(a) Any person who knowingly makes any false statement, or falsifies or permits to be falsified any record of this system, in an attempt to defraud the system, is guilty of a felony, and on conviction shall be fined not less than $25,000 nor more than $100,000 and imprisoned not …
3 V.I.C. § 725 Exemption of rights from legal process; unassignability
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(a) The rights of a person to any annuity or benefit or right accrued or accruing to any person under the provisions of this chapter and the various moneys in the System created by this chapter, are hereby exempted from levy and sale, garnishment, attachment, or any other legal p…
3 V.I.C. § 725a Increase in pensions, effective July 1, 1956
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An increase of ten ($10.00) dollars a month is hereby authorized and granted to each pensioner of the Government of the United States Virgin Islands who is a former Government Employee not covered under the Retirement Law of the Municipality of Saint Thomas and Saint John or the …
3 V.I.C. § 726 Cost-of-living bonus for pensioners, effective July 1, 1957
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Each former official and employee of the Government of the United States Virgin Islands, or of the Municipality of Saint Thomas and Saint John or of the Municipality of Saint Croix, who is receiving a pension of less than seventy-five ($75.00) dollars a month from the Government …
3 V.I.C. § 727 Cost-of-living bonus for pensioners, effective July 1, 1961
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Subject to the limitation set forth below, every person who is now receiving or may hereafter receive an annuity or a pension from the Government of the United States Virgin Islands, by virtue of any retirement law or by special legislation, is hereby granted a cost-of-living bon…
3 V.I.C. § 728 Cost-of-living bonus for pensioners, effective July 1, 1966
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(a) Every person on July 1, 1966, who is receiving or who after July 1, 1966, may receive an annuity from the Government of the United States Virgin Islands by virtue of any retirement law and every person who, prior to January 1, 1966, received a pension from said Government by …
3 V.I.C. § 729 Supplementary annuity to employee annuitants
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(a) Employees who retired on service retirement annuity prior to July 1, 1970, who were at least 55 years of age at date of retirement shall be entitled to receive a supplementary annuity under this section. (b) The Board may set cost-of-living increases for annuitants and pensio…
3 V.I.C. § 729a Cost-of-living increase for certain annuitants and pensioners
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Every person who is receiving an annuity computed pursuant to the retirement law in existence prior to July 1, 1970, or who is receiving a special pension (regardless of when granted), is hereby granted a cost-of-living increase of ten percent (10%) in the amount of his annuity o…
3 V.I.C. § 729b Annual bonus payment
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(a) Subject to subsection (c), the System shall make an annual bonus payment from monies paid to the system under 32 V.I.C. § 246(j) to annuitants and pensioners who meet the requirements prescribed in subsection (b). (b) To qualify for the bonus payment established in subsection…
3 V.I.C. § 730 Automatic increase in service or disability retirement annuity
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(a) Any member upon withdrawal from service on or after July 1, 1970, and retiring on a service or disability retirement annuity, shall be entitled to an annual increase in his basic retirement annuity as defined herein while he is in receipt of such annuity.(a) The term “basic a…
3 V.I.C. § 731 Accumulated sick leave
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(a) Any member having accumulated and unused sick leave at date of retirement shall be entitled to service credit towards the service retirement annuity to which the member may be entitled. The credit for accumulated and unused sick leave shall be 1 month for any period of 11 to …
3 V.I.C. § 732 Special pensions death benefit provisions [Repealed]
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3 V.I.C. § 732 Statutes current through Act 9046 of the 2025 session of the 36th Legislature, including all code changes through October 25, 2025 Virgin Islands Code AnnotatedCopyright © 2026 All rights reserved.
3 V.I.C. § 733 Coverage for members of the Judiciary
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(a) Membership in the system for members of the Judiciary shall be optional, and shall be made available to members of the Judiciary who were in service after January 28, 1977. Salary deductions for new members of the system, at the rate prescribed herein, shall begin from the fi…
3 V.I.C. § 734 Continuing obligation of the Government
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All payments required by this chapter to be made by the employer to the retirement fund are continuing obligations of the Government.
3 V.I.C. § 735 Tax exemptions of the System; protection from judicial process
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(a) All property, including funds of the System, shall be exempt from levy and sale by virtue of execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the System be a charge or lien upon its property. However, this subse…
3 V.I.C. § 736 Failure or refusal to pay
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(a) Neither the government nor any agency, department, or instrumentality may fail or refuse to pay the employer's contribution required by this chapter within the applicable time limitation. (b) Whenever any agency, department, instrumentality, or employer fails to make timely c…
3 V.I.C. § 737 Unclaimed benefits; redeposit of proceeds; reversion; return to credit of claimant; lump sum benefits
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(a) Whenever a person entitled to a payment of a member's accumulated contributions or any other benefit fails to claim the payment or cannot be located or a Miscellaneous Disbursement Voucher is cancelled, the payment due to the member shall be disbursed in accordance with the p…
3 V.I.C. § 738 Claims; time period; identification and location of beneficiaries
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The Board may fix the time as it considers reasonable during which claims for benefits under section 737 may be made. Anyone who is provided a claim form must be given the same amount of time in which to file it as any other claimant. The Board's duty to identify or locate any me…