SECTION 51.1-1400. Health insurance credits for retired state employees  

A. The Commonwealth shall provide a credit toward the cost of health insurance coverage for any former state employee, as defined in § 2.2-2818 , who retired under the Virginia Retirement System, State Police Officers' Retirement System, Judicial Retirement System, Virginia Law Officers' Retirement System, or any retirement system authorized pursuant to § 2.2-2818 , 2.2-2818 , 2.2-2818 , 2.2-2818 , 2.2-2818 , 2.2-2818 , or 2.2-2818 and who (i) rendered at least 15 years of total creditable service under the Retirement System or (ii) rendered service as a temporary employee of the General Assembly in 1972 and became a member of the retirement system from 1972 to 1985 immediately following such temporary service. The amount of each monthly health insurance credit payable under this section shall be $4 per year of creditable service, which amount shall be credited monthly to any retired state employee participating in the state retiree health benefits program pursuant to § 2.2-2818 or an alternative personal health insurance plan as provided herein. However, such credit shall not exceed the health insurance premium for retiree-only coverage as provided under such alternative personal health insurance plan. Any (i) employee participant pursuant to § 2.2-2818 , 2.2-2818 , 2.2-2818 , 2.2-2818 , 2.2-2818 , or 2.2-2818 receiving long-term disability, or (ii) retired state employee retired under the provisions of § 2.2-2818 or 2.2-2818 , or (iii) any participating employee receiving long-term disability pursuant to § 2.2-2818 , 2.2-2818 , 2.2-2818 , or 2.2-2818 shall receive a maximum monthly credit which is the greater of (i) $120, (ii) $4 per year for each year of creditable service at the time of disability retirement, or (iii) $4 per year for each year of creditable service at the time of eligibility for long-term disability. Any person included in the membership of a retirement system provided by Chapter 1 (§ 2.2-2818 et seq.), 2 (§ 2.2-2818 et seq.), 2.1 (§ 2.2-2818 et seq.), or 3 (§ 2.2-2818 et seq.) who elects to defer his retirement pursuant to subsection C of § 2.2-2818 , subsection C of § 2.2-2818 or subsection C of § 2.2-2818 shall be entitled to receive the allowable credit provided by this section on the effective date of his retirement.

B. For those retired state employees:

1. Participating in the state retiree health benefits program, such credit shall be applied to the monthly premium deducted from benefits payable to retired state employees in accordance with Chapters 1 (§ 2.2-2818 et seq.), 2 (§ 2.2-2818 et seq.), 2.1 (§ 2.2-2818 et seq.), and 3 (§ 2.2-2818 et seq.). In the event that either no benefit is payable or the benefit payable is insufficient to deduct the entire health care premium, the payment of the credit shall be determined in the manner prescribed by the Virginia Retirement System. Eligibility for the credit shall be determined in a manner prescribed by the Virginia Retirement System.

2. Not electing or eligible to participate in the state retiree health benefits program and who purchase an alternative personal health insurance policy from a carrier or organization of his own choosing, such retirees shall be eligible to receive a credit in the amount specified in subsection A. Eligibility for the credit and payment for the credit shall be determined in a manner prescribed by the Virginia Retirement System.

C. Any person included in the membership of a retirement system provided by Chapter 1 (§ 2.2-2818 et seq.), 2 (§ 2.2-2818 et seq.), 2.1 (§ 2.2-2818 et seq.), or 3 (§ 2.2-2818 et seq.) who (i) rendered at least 15 years of total creditable service as a state employee as defined in § 2.2-2818 and (ii) after terminating state service, was employed by a local government that does not elect to provide a health insurance credit under § 2.2-2818 or 2.2-2818 , shall be eligible for the credit provided by subsection A, provided that the retired employee is participating in a health insurance plan. The Commonwealth shall be charged with the credit as provided for in subsection D. In such case, the health insurance credit shall be determined based upon the amount of state service or service as a teacher, whichever is greater.

D. The Virginia Retirement System shall actuarially determine the amount necessary to fund all credits provided by this section to reflect the cost of such credits in the employer contribution rate pursuant to § 2.2-2818 , and prescribe such terms and conditions as are necessary to carry out the provisions of this section. The costs associated with the administration of the health insurance credit program provided for in this section shall be recovered from the health insurance credit trust fund.

E. Notwithstanding anything contained in this section to the contrary, the Virginia Commonwealth University Health System Authority shall pay the cost of coverage for employees of such Authority who (i) retired under the Virginia Retirement System or any retirement system authorized pursuant to § 2.2-2818 , 2.2-2818 , 2.2-2818 , or former § 51.1-126.2; (ii) were employed by such Authority prior to July 1, 1998, and were not subsequently rehired by such Authority on or after July 1, 1998; and (iii) served no less than 15 years of creditable service as regularly employed full-time employees of such Authority or the Commonwealth.

1989, c. 664, § 2.1-20.1:2; 1992, c. 770; 1993, cc. 743, 938; 1995, cc. 2.2-2818 , 2.2-2818 ; 1998, cc. 2.2-2818 , 2.2-2818 , 2.2-2818 ; 1999, cc. 2.2-2818 , 2.2-2818 , 2.2-2818 ; 2000, cc. 2.2-2818 , 2.2-2818 ; 2001, c. 2.2-2818 ; 2004, c. 2.2-2818 ; 2005, c. 2.2-2818 ; 2006, c. 2.2-2818 ; 2007, c. 2.2-2818 ; 2012, cc. 2.2-2818 , 2.2-2818 .