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2017 Op. Va. Att'y Gen. 1 (2017)

handle is hein.sag/sagva0138 and id is 1 raw text is: COMMONWEALTH of VIRGINIA Office of the Attorney General Mark R. Herring 202 North Ninth Street Attorney General Richmond, Virginia 23219 804-786-2071 January 18, 2017 Fax 804-786-1991 Virginia Relay Services 800-828-1120 7-1-1 Andrew R. McRoberts, Esquire Essex County Attorney 1111 East Main Street Post Office Box 1998 Richmond, Virginia 23218-1998 Dear Mr. McRoberts: I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia. Issues Presented You ask three questions regarding the interpretation of § 51.1-124.13 of the Code of Virginia, which requires the forfeiture of pension, retirement, and related benefits provided under the Virginia Retirement System (VRS) to public employees convicted of certain felonies: 1) Does an employer have discretion under § 51.1-124.13 and Form VRS-180 (Employer Request for Forfeiture of Member Benefits) to file Form VRS-180 to initiate forfeiture of VRS benefits once it has determined that an employee's felony conviction was associated with the performance of the employee's job duties; 2) Does the response to the first question above change based on the language of Form VRS-180, in effect on February 4, 2014, indicating if an employee is convicted of a felony for misconduct occurring on or after July 1, 2011 and you have determined that the felony was in association with the performance of the employee's job duties, you may request the employee forfeit all VRS benefits . . . . (emphasis added); and 3) Must an employer which relied on the permissive language of Form VRS-180 (Rev. 12/11) as described above in electing not to seek the forfeiture of employee VRS benefits in 2014 now reconsider the forfeiture of VRS benefits issue? Applicable Law and Discussion Title 51.1 of the Code of Virginia establishes pension, retirement, and related benefits for various public employees,t including benefits for public employees in positions covered under the Virginia ' An employee includes any employee of a locality participating in the Retirement System. VA. CODE ANN. § 51.1-124.3 (2013).