Employer Update

When a VRS member is convicted of a felony for misconduct (occurring on or after July 1, 2011) associated with the member's performance of job duties, the Code of Virginia requires the forfeiture of all VRS-related benefits.

Here's how the forfeiture process works:

1. The employer initiates the process by providing the employee with written notification that the circumstances surrounding the felony conviction will be reviewed by the employer to determine if the conviction was associated with the performance of the employee's job. The employer must also allow the employee a reasonable opportunity to be heard during this review process.
2. The member may appeal the determination, including a judicial review, before the termination of benefits may be considered final.
3. Once the employer makes the final determination that the felony conviction was associated with the employee's job, complete the Employer Request for Forfeiture of Member Benefits (VRS-180)and send it to VRS.

The VRS-180 provides detailed descriptions of the forfeiture and appeals processes as well as which VRS benefits are affected by the request.

The member will be eligible for a full or partial refund of employee contributions and interest based on vesting requirements for refunds. See the Refunds and Distributions chapterof the VRS Employer Manual for details.