{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3204.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3204.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3204.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3204.html"}],"law_id":76756,"edition_id":1,"section_id":76756,"structure_id":13050,"section_number":"2.2-3204","catch_line":"Retirement program","history":"1995, cc. 152, 811, \u00a7 2.1-116.24; 2000, c. 911; 2001, c. 844; 2011, c. 880; 2014, c. 356.","full_text":"A\n\nIn lieu of the transitional severance benefit provided in § 2.2-3203, any otherwise eligible employee who, on the date of involuntary separation, is also (i) a vested member of the Virginia Retirement System, the State Police Officers’ Retirement System, or the Virginia Law Officers’ Retirement System and (ii) at least 50 years of age, may elect to have the Commonwealth purchase on his behalf years to be credited to either his age or creditable service or a combination of age and creditable service, except that any years of credit purchased on behalf of a member of the Virginia Retirement System, the State Police Officers’ Retirement System, or the Virginia Law Officers’ Retirement System who is eligible for unreduced retirement shall be added to his creditable service and not his age. If the otherwise eligible employee is (a) a person who becomes a member on or after July 1, 2010, a person who does not have 60 months of creditable service as of January 1, 2013, or a person who is enrolled in the hybrid retirement program described in § 51.1-169; (b) not a member of the State Police Officers’ Retirement System or the Virginia Law Officers’ Retirement System; and (c) a person to whom the provisions of subdivision B 3 of § 51.1-153 do not apply, then he must be at least 60 years of age on the date of involuntary separation to be eligible for the retirement program provided in this subsection. The cost of each year of age or creditable service purchased by the Commonwealth shall be equal to 15 percent of the employee’s present annual compensation. The number of years of age or creditable service to be purchased by the Commonwealth shall be equal to the quotient obtained by dividing (1) the cash value of the benefits to which the employee would be entitled under subsections A and D of § 2.2-3203 by (2) the cost of each year of age or creditable service. Partial years shall be rounded up to the next highest year. Deferred retirement under the provisions of subsection C of §§ 51.1-153, 51.1-205, and 51.1-216, and disability retirement under the provisions of § 51.1-156 et seq. and § 51.1-209, shall not be available under this section.B\n\nIn lieu of the (i) transitional severance benefit provided in § 2.2-3203 and (ii) the retirement program provided in subsection A, any employee who is otherwise eligible may take immediate retirement pursuant to § 51.1-155.1.C\n\n1. The retirement allowance for a person who (i) is not a member of the State Police Officers’ Retirement System or the Virginia Law Officers’ Retirement System; (ii) becomes a member on or after July 1, 2010, does not have 60 months of creditable service as of January 1, 2013, or is enrolled in the hybrid retirement program described in \u00a7 51.1-169; (iii) elects to retire under this section; and (iv) by adding years to his age is between ages 60 and the age at his “normal retirement date” as defined in \u00a7 51.1-124.3 shall be reduced on the actuarial basis provided in subdivision A 3 of \u00a7 51.1-155, unless the provisions of subdivision B 3 of \u00a7 51.1-153 apply to him.2\n\nThe retirement allowance for any other employee electing to retire under this section who, by adding years to his age, is between ages 55 and 65 shall be reduced on the actuarial basis provided in subdivision A 2 of § 51.1-155.","order_by":null,"text":{"0":{"id":275631,"text":"In lieu of the transitional severance benefit provided in § 2.2-3203, any otherwise eligible employee who, on the date of involuntary separation, is also (i) a vested member of the Virginia Retirement System, the State Police Officers’ Retirement System, or the Virginia Law Officers’ Retirement System and (ii) at least 50 years of age, may elect to have the Commonwealth purchase on his behalf years to be credited to either his age or creditable service or a combination of age and creditable service, except that any years of credit purchased on behalf of a member of the Virginia Retirement System, the State Police Officers’ Retirement System, or the Virginia Law Officers’ Retirement System who is eligible for unreduced retirement shall be added to his creditable service and not his age. If the otherwise eligible employee is (a) a person who becomes a member on or after July 1, 2010, a person who does not have 60 months of creditable service as of January 1, 2013, or a person who is enrolled in the hybrid retirement program described in § 51.1-169; (b) not a member of the State Police Officers’ Retirement System or the Virginia Law Officers’ Retirement System; and (c) a person to whom the provisions of subdivision B 3 of § 51.1-153 do not apply, then he must be at least 60 years of age on the date of involuntary separation to be eligible for the retirement program provided in this subsection. The cost of each year of age or creditable service purchased by the Commonwealth shall be equal to 15 percent of the employee’s present annual compensation. The number of years of age or creditable service to be purchased by the Commonwealth shall be equal to the quotient obtained by dividing (1) the cash value of the benefits to which the employee would be entitled under subsections A and D of § 2.2-3203 by (2) the cost of each year of age or creditable service. Partial years shall be rounded up to the next highest year. Deferred retirement under the provisions of subsection C of §§ 51.1-153, 51.1-205, and 51.1-216, and disability retirement under the provisions of § 51.1-156 et seq. and § 51.1-209, shall not be available under this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275632,"text":"In lieu of the (i) transitional severance benefit provided in § 2.2-3203 and (ii) the retirement program provided in subsection A, any employee who is otherwise eligible may take immediate retirement pursuant to § 51.1-155.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":275633,"text":"1. The retirement allowance for a person who (i) is not a member of the State Police Officers’ Retirement System or the Virginia Law Officers’ Retirement System; (ii) becomes a member on or after July 1, 2010, does not have 60 months of creditable service as of January 1, 2013, or is enrolled in the hybrid retirement program described in \u00a7 51.1-169; (iii) elects to retire under this section; and (iv) by adding years to his age is between ages 60 and the age at his “normal retirement date” as defined in \u00a7 51.1-124.3 shall be reduced on the actuarial basis provided in subdivision A 3 of \u00a7 51.1-155, unless the provisions of subdivision B 3 of \u00a7 51.1-153 apply to him.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":275634,"text":"The retirement allowance for any other employee electing to retire under this section who, by adding years to his age, is between ages 55 and 65 shall be reduced on the actuarial basis provided in subdivision A 2 of § 51.1-155.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C"}},"ancestry":[{"id":13050,"edition_id":1,"name":"Workforce Transition Act of 1995","identifier":"32","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":176223,"object_type":"structure","relational_id":13050,"identifier":"32","token":"2.2\/I\/E\/32","url":"\/2.2\/I\/E\/32\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65287,"structure_id":13050,"section_number":"2.2-3200","catch_line":"Short title; purpose","url":"\/2.2-3200\/","token":"2.2\/I\/E\/32\/2.2-3200","metadata":false},{"id":54495,"structure_id":13050,"section_number":"2.2-3201","catch_line":"Duties of Department of Human Resource Management and executive branch agencies to involuntarily separated employees","url":"\/2.2-3201\/","token":"2.2\/I\/E\/32\/2.2-3201","metadata":false},{"id":54108,"structure_id":13050,"section_number":"2.2-3202","catch_line":"Eligibility for transitional severance benefit","url":"\/2.2-3202\/","token":"2.2\/I\/E\/32\/2.2-3202","metadata":false},{"id":82159,"structure_id":13050,"section_number":"2.2-3203","catch_line":"Transitional severance benefit conferred","url":"\/2.2-3203\/","token":"2.2\/I\/E\/32\/2.2-3203","metadata":false},{"id":76756,"structure_id":13050,"section_number":"2.2-3204","catch_line":"Retirement program","url":"\/2.2-3204\/","token":"2.2\/I\/E\/32\/2.2-3204","metadata":false},{"id":57269,"structure_id":13050,"section_number":"2.2-3205","catch_line":"Costs associated with this chapter; payment","url":"\/2.2-3205\/","token":"2.2\/I\/E\/32\/2.2-3205","metadata":false},{"id":77385,"structure_id":13050,"section_number":"2.2-3206","catch_line":"Review of program","url":"\/2.2-3206\/","token":"2.2\/I\/E\/32\/2.2-3206","metadata":false}],"previous_section":{"id":82159,"structure_id":13050,"section_number":"2.2-3203","catch_line":"Transitional severance benefit conferred","url":"\/2.2-3203\/","token":"2.2\/I\/E\/32\/2.2-3203","metadata":false},"next_section":{"id":57269,"structure_id":13050,"section_number":"2.2-3205","catch_line":"Costs associated with this chapter; payment","url":"\/2.2-3205\/","token":"2.2\/I\/E\/32\/2.2-3205","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3204\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 152<\/a> and 811<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 911<\/a>; in 2001, chapter 844<\/a>; in 2011, chapter 880<\/a>; in 2014, chapter 356<\/a>.<\/p>","references":[{"id":83485,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","order_by":null,"url":"\/51.1-166\/"}],"refers_to":[{"id":82159,"section_number":"2.2-3203","catch_line":"Transitional severance benefit conferred","order_by":null,"url":"\/2.2-3203\/"},{"id":70634,"section_number":"51.1-124.3","catch_line":"Definitions","order_by":null,"url":"\/51.1-124.3\/"},{"id":85181,"section_number":"51.1-153","catch_line":"Service retirement","order_by":null,"url":"\/51.1-153\/"},{"id":72358,"section_number":"51.1-155","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-155\/"},{"id":55144,"section_number":"51.1-156","catch_line":"Disability retirement","order_by":null,"url":"\/51.1-156\/"},{"id":83100,"section_number":"51.1-169","catch_line":"Hybrid retirement program","order_by":null,"url":"\/51.1-169\/"},{"id":69138,"section_number":"51.1-205","catch_line":"Service retirement generally","order_by":null,"url":"\/51.1-205\/"},{"id":67495,"section_number":"51.1-209","catch_line":"Disability as the result of felonious misconduct of another","order_by":null,"url":"\/51.1-209\/"},{"id":58084,"section_number":"51.1-216","catch_line":"Service retirement generally","order_by":null,"url":"\/51.1-216\/"}],"permalink":{"id":176241,"object_type":"law","relational_id":76756,"identifier":"2.2-3204","token":"2.2\/I\/E\/32\/2.2-3204","url":"\/2.2-3204\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3204\/","token":"2.2\/I\/E\/32\/2.2-3204","dublin_core":{"Title":"Retirement program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3204","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In lieu of the transitional severance benefit provided in § 2.2-3203<\/a>, any otherwise eligible employee who, on the date of involuntary separation, is also (i) a vested member of the Virginia Retirement System, the State Police Officers’ Retirement System, or the Virginia Law<\/span> Officers’ Retirement System and (ii) at least 50 years of age, may elect to have the Commonwealth purchase on his behalf years to be credited to either his age or creditable service or a combination of age and creditable service, except that any years of credit purchased on behalf of a member of the Virginia Retirement System, the State Police Officers’ Retirement System, or the Virginia Law<\/span> Officers’ Retirement System who is eligible for unreduced retirement shall be added to his creditable service and not his age. If the otherwise eligible employee is (a) a person who becomes a member on or after July 1, 2010, a person who does not have 60 months of creditable service as of January 1, 2013, or a person who is enrolled in the hybrid retirement program described in § 51.1-169<\/a>; (b) not a member of the State Police Officers’ Retirement System or the Virginia Law<\/span> Officers’ Retirement System; and (c) a person to whom the provisions of subdivision B 3 of § 51.1-153<\/a> do not apply, then he must be at least 60 years of age on the date of involuntary separation to be eligible for the retirement program provided in this subsection. The cost of each year of age or creditable service purchased by the Commonwealth shall be equal to 15 percent of the employee’s present annual compensation. The number of years of age or creditable service to be purchased by the Commonwealth shall be equal to the quotient obtained by dividing (1) the cash value of the benefits to which the employee would be entitled under subsections A and D of § 2.2-3203<\/a> by (2) the cost of each year of age or creditable service. Partial years shall be rounded up to the next highest year. Deferred retirement under the provisions of subsection C of §§ 51.1-153<\/a>, 51.1-205<\/a>, and 51.1-216<\/a>, and disability retirement under the provisions of § 51.1-156<\/a> et seq. and § 51.1-209<\/a>, shall not be available under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In lieu of the (i) transitional severance benefit provided in § 2.2-3203<\/a> and (ii) the retirement program provided in subsection A, any employee who is otherwise eligible may take immediate retirement pursuant to § 51.1-155.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. The retirement allowance for a person who (i) is not a member of the State Police Officers’ Retirement System or the Virginia Law<\/span> Officers’ Retirement System; (ii) becomes a member on or after July 1, 2010, does not have 60 months of creditable service as of January 1, 2013, or is enrolled in the hybrid retirement program described in \u00a7 51.1-169<\/a>; (iii) elects to retire under this section; and (iv) by adding years to his age is between ages 60 and the age at his “normal retirement date” as defined in \u00a7 51.1-124.3<\/a> shall be reduced on the actuarial basis provided in subdivision A 3 of \u00a7 51.1-155<\/a>, unless the provisions of subdivision B 3 of \u00a7 51.1-153<\/a> apply to him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The retirement allowance for any other employee electing to retire under this section who, by adding years to his age, is between ages 55 and 65 shall be reduced on the actuarial basis provided in subdivision A 2 of § 51.1-155<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETIREMENT PROGRAM (\u00a7 2.2-3204)\n\nA. In lieu of the transitional severance benefit provided in § 2.2-3203,\nany otherwise eligible employee who, on the date of involuntary separation, is\nalso (i) a vested member of the Virginia Retirement System, the State Police\nOfficers’ Retirement System, or the Virginia Law Officers’\nRetirement System and (ii) at least 50 years of age, may elect to have the\nCommonwealth purchase on his behalf years to be credited to either his age or\ncreditable service or a combination of age and creditable service, except that\nany years of credit purchased on behalf of a member of the Virginia Retirement\nSystem, the State Police Officers’ Retirement System, or the Virginia Law\nOfficers’ Retirement System who is eligible for unreduced retirement shall\nbe added to his creditable service and not his age. If the otherwise eligible\nemployee is (a) a person who becomes a member on or after July 1, 2010, a person\nwho does not have 60 months of creditable service as of January 1, 2013, or a\nperson who is enrolled in the hybrid retirement program described in §\n51.1-169; (b) not a member of the State Police Officers’ Retirement System\nor the Virginia Law Officers’ Retirement System; and (c) a person to whom\nthe provisions of subdivision B 3 of § 51.1-153 do not apply, then he must\nbe at least 60 years of age on the date of involuntary separation to be eligible\nfor the retirement program provided in this subsection. The cost of each year of\nage or creditable service purchased by the Commonwealth shall be equal to 15\npercent of the employee’s present annual compensation. The number of years\nof age or creditable service to be purchased by the Commonwealth shall be equal\nto the quotient obtained by dividing (1) the cash value of the benefits to which\nthe employee would be entitled under subsections A and D of § 2.2-3203 by\n(2) the cost of each year of age or creditable service. Partial years shall be\nrounded up to the next highest year. Deferred retirement under the provisions of\nsubsection C of §§ 51.1-153, 51.1-205, and 51.1-216, and disability\nretirement under the provisions of § 51.1-156 et seq. and § 51.1-209,\nshall not be available under this section.\n\nB. In lieu of the (i) transitional severance benefit provided in § 2.2-3203\nand (ii) the retirement program provided in subsection A, any employee who is\notherwise eligible may take immediate retirement pursuant to § 51.1-155.1.\n\nC. 1. The retirement allowance for a person who (i) is not a member of the State\nPolice Officers’ Retirement System or the Virginia Law Officers’\nRetirement System; (ii) becomes a member on or after July 1, 2010, does not have\n60 months of creditable service as of January 1, 2013, or is enrolled in the\nhybrid retirement program described in \u00a7 51.1-169; (iii) elects to retire under\nthis section; and (iv) by adding years to his age is between ages 60 and the age\nat his “normal retirement date” as defined in \u00a7 51.1-124.3 shall be\nreduced on the actuarial basis provided in subdivision A 3 of \u00a7 51.1-155,\nunless the provisions of subdivision B 3 of \u00a7 51.1-153 apply to him.\n\n 2. The retirement allowance for any other employee electing to retire under\n this section who, by adding years to his age, is between ages 55 and 65 shall\n be reduced on the actuarial basis provided in subdivision A 2 of §\n 51.1-155.\n\nHISTORY: 1995, cc. 152, 811, \u00a7 2.1-116.24; 2000, c. 911; 2001, c. 844; 2011, c.\n880; 2014, c. 356.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}