Title 3 — Executive
37 chapters · 651 sections in this title.
3 V.I.C. § 674 Government facilities; use
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(1) An agency program for the training of employees by, in, and through government facilities under this subchapter shall—(1) provide for training, insofar as practicable, by, in, and through government facilities under the jurisdiction or control of the agency; and(2) provide fo…
3 V.I.C. § 675 Nongovernment facilities; use
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(a) The head of an agency may, with the concurrence of the Director of Personnel, make agreements or other arrangements for the training of employees of the agency by, in, or through nongovernment facilities under this subchapter. (b) An agency program for the training of employe…
3 V.I.C. § 676 Nongovernment facilities; amount of training limited
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(a) The training of employees, by, in, and through nongovernment facilities under this subchapter is subject to the following limitations:(1) The number of man-years of training for an agency in a fiscal year may not exceed one percent of the total number of man-years of employme…
3 V.I.C. § 677 Leaves of absence for study; compensation; limitations
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(a) In addition to any other training provided for under this subchapter, the Governor, upon recommendations of executive department heads, shall grant study leave each year to one employee of each agency, except the Department of Health and the Department of Education, for the p…
3 V.I.C. § 678 Nongovernment facilities; restrictions
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This subchapter does not authorize the selection and assignment of an employee for training by, in, or through a nongovernment facility, or the payment or reimbursement of the costs of training for the sole purpose of providing an opportunity to an employee to obtain one or more …
3 V.I.C. § 679 Expenses of training
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(a) The head of an agency, pursuant to the regulations and subject to appropriations or other funds available to the agency, may—(1) pay all or part of the basic pay (excluding overtime, holiday premium, or other extra pay) of an employee of the agency selected and assigned for t…
3 V.I.C. § 680 Expenses of attendance at meetings
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Appropriations or other funds available to an agency for travel expenses are available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or man…
3 V.I.C. § 681 Employee agreements; service after training
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(a) An employee selected for training by, in, or through a nongovernment facility under this subchapter shall agree in writing with the Government before assignment to training that he will—(1) continue in the service of the Government after the end of the training period for a p…
3 V.I.C. § 682 Acceptance of contributions, awards, and other payments
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(a) To the extent authorized by regulations, contributions and awards incident to training in nongovernment facilities, and payment of travel, subsistence, and other expenses incident to attendance at meetings, may be made to and accepted by an employee. (b) When a contribution, …
3 V.I.C. § 683 Absorption of costs within funds available
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(a) The Director of the Office of Management and Budget, to the extent he considers it practicable, may provide for the absorption of the costs of the training programs and plans under this subchapter by the respective agencies from applicable appropriations or funds available fo…
3 V.I.C. § 684 Agency review of training needs; annual program reports
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(a) The head of each agency, at least once every three years, shall review the needs of his agency for the training of its employees. The Director of Personnel, on request of any agency, may assist the agency with the review. Information obtained or developed in a review shall be…
3 V.I.C. § 685 Nongovernment facilities; review of training programs
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The Director of Personnel, at the times and to the extent he considers necessary, shall review the operations, activities, and related transactions of each agency in connection with each agency program, and plan thereunder, for the training of its employees by, in, and through no…
3 V.I.C. § 686 Collection of training information
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The Director of Personnel, to the extent he considers appropriate in the public interest, may collect information concerning training programs, plans, and methods inside and outside the Government. The Director of Personnel, on request, shall make the information available to an …
3 V.I.C. § 687 Training program assistance
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The Director of Personnel, on request of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this subchapter, to the extent of his facilities and personnel available for that purpose.
3 V.I.C. § 688 Administration
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The Director of Personnel has the responsibility and authority for effective promotion and coordination of the training programs under this subchapter and training operations thereunder.
3 V.I.C. § 689 Training of employees in legislative and judicial branches
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The head of an agency shall permit the attendance at training programs operated within his agency of employees in or under the Legislative Branch, upon request of the President of the Senate, and of employees in or under the Judicial Branch, upon request of the Chief Justice of t…
3 V.I.C. § 690 Exception from training provisions; authority of Governor
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The Governor, at any time in the public interest, may (1) except an agency or part of an agency, or an employee, or group, or class of employees, from this subchapter or any provision thereof, and (2) withdraw any such exception.
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 …