Title 3 — Executive
37 chapters · 651 sections in this title.
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…
3 V.I.C. § 739 Order of payment; absence of beneficiary designation
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(a) If a person had no beneficiary designation in effect on the date of death, any benefit payable shall be paid to the survivors in the following order:(1) The decedent's spouse.(2) The decedent's natural or adopted children, including a natural child adopted by another who meet…
3 V.I.C. § 740 Statute of limitations
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Notwithstanding title 5 Virgin Islands Code, chapter 3, any payment due the retirement system for services, repayment of loans or mortgages, or for the repayment of any amounts due to error or overpayment are not extinguished by the statute of limitations and shall accrue a maxim…
3 V.I.C. § 741 Contribution upon appointment for Virgin Islands Water and Power Authority employees and hazardous duty employees
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Notwithstanding any law, rule or regulation to the contrary, any eligible Virgin Islands Water and Power Authority employee, as defined in title 3 Virgin Islands Code, section 702(x), any eligible employee as defined in title 3 Virgin Islands Code, section 702(y) or any hazardous…
3 V.I.C. § 750 Establishment
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(a) A second tier retirement benefits program is established for officials and employees of the Government of the Virgin Islands and for their dependents and beneficiaries, for the payment of retirement annuities, disability annuities, and other benefits as provided herein to the…
3 V.I.C. § 751 Definitions
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(a) In this chapter:(1) “Tier II Retirement Benefits Program” mean the second tier system, as established in section 750 of this chapter, to be administered by the Employees Retirement System of the Government of the Virgin Islands.(2) “Member” means any employee included in the …
3 V.I.C. § 752 Membership
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(a) The following persons shall be included as members:(a) Any person who enters the service of the Government of the Virgin Islands on and after October 1, 2005.(b) Any person who becomes an employee on or after the date of establishment shall become a member as a condition of e…
3 V.I.C. § 753 Credited service
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(a) Any employee who has left the service of the government after the date of establishment, and re-enters service thereafter, shall be entitled to receive credit for prior service rendered prior to predecessor systems. Additionally, the member shall pay to the System the withdra…
3 V.I.C. § 754 Conditions for service retirement
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(a) An application for an annuity shall be in writing, addressed to the Administrator. The annuity when granted shall begin as of the first day of the month next following the date of withdrawal from service. In no case shall an annuity become effective prior to the aforesaid dat…
3 V.I.C. § 755 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 1.75% of his average compensation times the number of years of credited service, the aggregate of which shall not exceed 100% of his average compen…
3 V.I.C. § 755a Limitation on compensation of retired contractual employees
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No retiree of the federal government, the Government of the 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 employee before reti…
3 V.I.C. § 756 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, to revoke or change a previous election, to have the actuarial equivalent of his retirement allowance as of the date of retirement applied to provide a lesser retirement all…
3 V.I.C. § 757 Duty disability retirement 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, shall receive a duty disability retirement annuity if the injuries …
3 V.I.C. § 758 Duty-connected death annuity
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(a) When the proximate cause of death of a member is as a result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of his duties, if the injuries or hazard were not the consequence of the willful misconduct of the member, the survivi…
3 V.I.C. § 759 Non-duty disability retirement annuity
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(a) Any member under age sixty having at least nine 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 non-duty disability retirement annuity. (b) The …
3 V.I.C. § 760 Administration of disability retirement annuities
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(a) At least once each year during the first five years following the allowance of disability retirement annuity to any member, and at least once in every three-year period thereafter, until a member's attainment of age 65, the System shall require any disability beneficiary to u…
3 V.I.C. § 761 Death benefit provisions
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(a) Upon the death of a member while in service, if no duty-connected death annuity is payable, a payment of the accumulated contributions of the deceased member is payable to a beneficiary whom he has designated. (b) Upon the death of a retired member, unless an optional benefit…
3 V.I.C. § 762 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 is entitled to receive a refund of the accumulated contributions, plus regular interest as defined in section 751, including cont…
3 V.I.C. § 763 Coverage for members of the Legislature
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(a) There is hereby created a new retirement program for members of the Legislature of the Virgin Islands. Membership in the System for members of the Legislature currently in service shall be optional. Each member currently in service on the date of enactment of this section sha…
3 V.I.C. § 764 [Reserved.]
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3 V.I.C. § 764 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. § 764a [Reserved.]
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3 V.I.C. § 764a 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. § 765 [Reserved.]
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3 V.I.C. § 765 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. § 766 Loans
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(a) [Reserved for future use.] (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 rati…
3 V.I.C. § 767 Financing
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(a) The various obligations of the system must 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 calcul…
3 V.I.C. § 767a Retroactive contributions by certain persons eligible for early retirement
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Any person eligible who elects to participate in the early retirement program shall contribute any additional amounts to the retirement system as required by rules and regulations adopted by the Board with respect to retroactive payments. The Board shall adopt rules and regulatio…
3 V.I.C. § 767b 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. § 767c Election available to eligible employees
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Notwithstanding any provision of this chapter, participation in any early retirement program is voluntary for eligible employees, as defined in this chapter. Any person eligible for early retirement may elect within one year of eligibility to participate in the regular retirement…
3 V.I.C. § 767d Transfers of eligible employees
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(a) A member who is participating in the early retirement program and subsequently transfers to a position that generally would not qualify him to participate in the early retirement program, he may, if he already has accrued ten years of credited service in the eligible position…
3 V.I.C. § 767e Persons eligible for early retirement; definition
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For the purposes of sections 767a through 767e of this chapter, “persons eligible for early retirement” means a police officer, firefighter, including a firefighter employed by the Virgin Islands Port Authority, Virgin Islands marshals and probation officers of the Superior Court…
3 V.I.C. § 767f 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. § 768 [Reserved.]
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3 V.I.C. § 768 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. § 769 [Reserved.]
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3 V.I.C. § 769 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. § 770 [Reserved.]
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3 V.I.C. § 770 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. § 770a [Reserved.]
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3 V.I.C. § 770a 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.