{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-1128.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-1128.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-1128.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-1128.html"}],"law_id":72988,"edition_id":1,"section_id":72988,"structure_id":15348,"section_number":"51.1-1128","catch_line":"Service retirement of participating full-time employees receiving supplemental disability benefits","history":"1998, c. 774; 1999, c. 144; 2011, cc. 722, 880.","full_text":"A\n\nUpon the cessation of benefits payable under the Act, a participating full-time employee may take service retirement under any provision of this title for which the employee is otherwise eligible. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165.B\n\nThe employee’s average final compensation shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the actuary of the Virginia Retirement System, and approved by the Board, from the date of the commencement of the disability to the date of retirement.C\n\nThe creditable service of a participating full-time employee taking service retirement pursuant to this section shall include periods during which the employee received supplemental disability benefits, provided that such creditable service shall not include periods for which (i) the employee received supplemental short-term disability benefits, (ii) the employer did not report such creditable service to the retirement system, and (iii) the employee did not purchase such creditable service.","order_by":null,"text":{"0":{"id":262869,"text":"Upon the cessation of benefits payable under the Act, a participating full-time employee may take service retirement under any provision of this title for which the employee is otherwise eligible. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262870,"text":"The employee’s average final compensation shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the actuary of the Virginia Retirement System, and approved by the Board, from the date of the commencement of the disability to the date of retirement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262871,"text":"The creditable service of a participating full-time employee taking service retirement pursuant to this section shall include periods during which the employee received supplemental disability benefits, provided that such creditable service shall not include periods for which (i) the employee received supplemental short-term disability benefits, (ii) the employer did not report such creditable service to the retirement system, and (iii) the employee did not purchase such creditable service.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15348,"edition_id":1,"name":"Work-Related Disability Benefits","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14528,"metadata":{},"date_created":"2026-06-26 03:54:08","date_modified":"2026-06-26 03:54:08","permalink":{"id":235551,"object_type":"structure","relational_id":15348,"identifier":"4","token":"51.1\/11\/4","url":"\/51.1\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14528,"edition_id":1,"name":"Sickness and Disability Program","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:48:32","date_modified":"2026-06-26 03:48:32","permalink":{"id":235467,"object_type":"structure","relational_id":14528,"identifier":"11","token":"51.1\/11","url":"\/51.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61765,"structure_id":15348,"section_number":"51.1-1119","catch_line":"Applicability of article","url":"\/51.1-1119\/","token":"51.1\/11\/4\/51.1-1119","metadata":false},{"id":85310,"structure_id":15348,"section_number":"51.1-1120","catch_line":"Initial benefit period","url":"\/51.1-1120\/","token":"51.1\/11\/4\/51.1-1120","metadata":false},{"id":60326,"structure_id":15348,"section_number":"51.1-1121","catch_line":"Supplemental short-term disability benefit","url":"\/51.1-1121\/","token":"51.1\/11\/4\/51.1-1121","metadata":false},{"id":84307,"structure_id":15348,"section_number":"51.1-1122","catch_line":"Successive periods of short-term disability","url":"\/51.1-1122\/","token":"51.1\/11\/4\/51.1-1122","metadata":false},{"id":75852,"structure_id":15348,"section_number":"51.1-1123","catch_line":"Supplemental long-term disability benefit","url":"\/51.1-1123\/","token":"51.1\/11\/4\/51.1-1123","metadata":false},{"id":80585,"structure_id":15348,"section_number":"51.1-1124","catch_line":"Successive periods of long-term disability","url":"\/51.1-1124\/","token":"51.1\/11\/4\/51.1-1124","metadata":false},{"id":58415,"structure_id":15348,"section_number":"51.1-1125","catch_line":"Adjustments in supplemental disability benefits","url":"\/51.1-1125\/","token":"51.1\/11\/4\/51.1-1125","metadata":false},{"id":73677,"structure_id":15348,"section_number":"51.1-1126","catch_line":"Rehabilitation incentive","url":"\/51.1-1126\/","token":"51.1\/11\/4\/51.1-1126","metadata":false},{"id":80243,"structure_id":15348,"section_number":"51.1-1127","catch_line":"Cessation of supplemental disability benefits","url":"\/51.1-1127\/","token":"51.1\/11\/4\/51.1-1127","metadata":false},{"id":72988,"structure_id":15348,"section_number":"51.1-1128","catch_line":"Service retirement of participating full-time employees receiving supplemental disability benefits","url":"\/51.1-1128\/","token":"51.1\/11\/4\/51.1-1128","metadata":false},{"id":79872,"structure_id":15348,"section_number":"51.1-1129","catch_line":"Survivor benefits","url":"\/51.1-1129\/","token":"51.1\/11\/4\/51.1-1129","metadata":false},{"id":65587,"structure_id":15348,"section_number":"51.1-1130","catch_line":"Coordination of benefits","url":"\/51.1-1130\/","token":"51.1\/11\/4\/51.1-1130","metadata":false}],"previous_section":{"id":80243,"structure_id":15348,"section_number":"51.1-1127","catch_line":"Cessation of supplemental disability benefits","url":"\/51.1-1127\/","token":"51.1\/11\/4\/51.1-1127","metadata":false},"next_section":{"id":79872,"structure_id":15348,"section_number":"51.1-1129","catch_line":"Survivor benefits","url":"\/51.1-1129\/","token":"51.1\/11\/4\/51.1-1129","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-1128\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 774<\/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 2 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 1999, chapter 144<\/a>; in 2011, chapters 722<\/a> and 880<\/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":false,"permalink":{"id":235589,"object_type":"law","relational_id":72988,"identifier":"51.1-1128","token":"51.1\/11\/4\/51.1-1128","url":"\/51.1-1128\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-1128\/","token":"51.1\/11\/4\/51.1-1128","dublin_core":{"Title":"Service retirement of participating full-time employees receiving supplemental disability benefits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-1128","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the cessation of benefits payable under the Act<\/span>, a participating full-time employee may take service retirement under any provision of this title for which the employee is otherwise eligible. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The employee’s average final compensation shall be equal to his creditable compensation on the date of the commencement of the disability<\/span> increased by an amount recommended by the actuary of the Virginia Retirement System, and approved by the Board, from the date of the commencement of the disability<\/span> to the date of retirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The creditable service of a participating full-time employee taking service retirement pursuant to this section shall include periods during which the employee received supplemental disability benefits<\/span>, provided that such creditable service shall not include periods for which (i) the employee received supplemental short-term disability benefits<\/span>, (ii) the employer did not report such creditable service to the retirement system, and (iii) the employee did not purchase such creditable service. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICE RETIREMENT OF PARTICIPATING FULL-TIME EMPLOYEES RECEIVING SUPPLEMENTAL\nDISABILITY BENEFITS (\u00a7 51.1-1128)\n\nA. Upon the cessation of benefits payable under the Act, a participating\nfull-time employee may take service retirement under any provision of this title\nfor which the employee is otherwise eligible. Such employee shall be authorized\nto elect any option for the payment of his retirement allowance provided under\nsubsection A of § 51.1-165.\n\nB. The employee’s average final compensation shall be equal to his\ncreditable compensation on the date of the commencement of the disability\nincreased by an amount recommended by the actuary of the Virginia Retirement\nSystem, and approved by the Board, from the date of the commencement of the\ndisability to the date of retirement.\n\nC. The creditable service of a participating full-time employee taking service\nretirement pursuant to this section shall include periods during which the\nemployee received supplemental disability benefits, provided that such\ncreditable service shall not include periods for which (i) the employee received\nsupplemental short-term disability benefits, (ii) the employer did not report\nsuch creditable service to the retirement system, and (iii) the employee did not\npurchase such creditable service.\n\nHISTORY: 1998, c. 774; 1999, c. 144; 2011, cc. 722, 880.","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}}