{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-126.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-126.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-126.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-126.8.html"}],"law_id":65817,"edition_id":1,"section_id":65817,"structure_id":13057,"section_number":"51.1-126.8","catch_line":"Maximum contributions to optional plans; coordination of limits","history":"2002, c. 435.","full_text":"A\n\nNotwithstanding any other provision of law, the annual additions to the optional retirement plans described in Article 4 (§ 51.1-125 et seq.) of Chapter 1 of this title shall be reduced, if necessary, to the extent required by § 415 (c) of the Internal Revenue Code, as adjusted by the Secretary of the Treasury pursuant to § 415 (d) of the Internal Revenue Code. If an employee participating in an optional retirement plan is also a participant in another defined contribution plan qualified under §§ 401 (a) or 403 (b) of the Internal Revenue Code and sponsored or maintained by an employer participating in such optional retirement plan, the employer shall apply the combined limit test required by § 415 (c) of the Internal Revenue Code. Whenever a reduction in annual additions is required to comply with the limitations of § 415 (c) of the Internal Revenue Code, the annual additions under such employer’s other plan or plans will be reduced before contributions under the optional retirement plan.B\n\nAny vendor for an optional retirement plan that is a defined contribution plan established by Article 4 of Chapter 1 of Title 51.1 shall (i) request and maintain the records needed, (ii) perform the testing services required to assure compliance with the limitation described in § 415 (c) of the Internal Revenue Code, including testing required where the employer maintains or sponsors another defined contribution plan that must be tested together with the optional retirement plan, and (iii) advise the employer of any contribution that exceeds the applicable limitation. If there is no vendor for these services, the employer shall (a) request and maintain the records needed, (b) perform the testing services required to assure compliance with the limitation described in § 415 (c) of the Internal Revenue Code, including testing required where the employer maintains or sponsors another defined contribution plan that must be tested together with the optional retirement plan, and (c) reduce any contribution that exceeds the applicable limitation.","order_by":null,"text":{"0":{"id":239222,"text":"Notwithstanding any other provision of law, the annual additions to the optional retirement plans described in Article 4 (§ 51.1-125 et seq.) of Chapter 1 of this title shall be reduced, if necessary, to the extent required by § 415 (c) of the Internal Revenue Code, as adjusted by the Secretary of the Treasury pursuant to § 415 (d) of the Internal Revenue Code. If an employee participating in an optional retirement plan is also a participant in another defined contribution plan qualified under §§ 401 (a) or 403 (b) of the Internal Revenue Code and sponsored or maintained by an employer participating in such optional retirement plan, the employer shall apply the combined limit test required by § 415 (c) of the Internal Revenue Code. Whenever a reduction in annual additions is required to comply with the limitations of § 415 (c) of the Internal Revenue Code, the annual additions under such employer’s other plan or plans will be reduced before contributions under the optional retirement plan.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239223,"text":"Any vendor for an optional retirement plan that is a defined contribution plan established by Article 4 of Chapter 1 of Title 51.1 shall (i) request and maintain the records needed, (ii) perform the testing services required to assure compliance with the limitation described in § 415 (c) of the Internal Revenue Code, including testing required where the employer maintains or sponsors another defined contribution plan that must be tested together with the optional retirement plan, and (iii) advise the employer of any contribution that exceeds the applicable limitation. If there is no vendor for these services, the employer shall (a) request and maintain the records needed, (b) perform the testing services required to assure compliance with the limitation described in § 415 (c) of the Internal Revenue Code, including testing required where the employer maintains or sponsors another defined contribution plan that must be tested together with the optional retirement plan, and (c) reduce any contribution that exceeds the applicable limitation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13057,"edition_id":1,"name":"Membership in Retirement System","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13056,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":235189,"object_type":"structure","relational_id":13057,"identifier":"4","token":"51.1\/1\/4","url":"\/51.1\/1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13056,"edition_id":1,"name":"Virginia Retirement System","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":235031,"object_type":"structure","relational_id":13056,"identifier":"1","token":"51.1\/1","url":"\/51.1\/1\/","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":84519,"structure_id":13057,"section_number":"51.1-125","catch_line":"Persons composing membership; persons holding more than one position","url":"\/51.1-125\/","token":"51.1\/1\/4\/51.1-125","metadata":false},{"id":74626,"structure_id":13057,"section_number":"51.1-126","catch_line":"Employees of institutions of higher education","url":"\/51.1-126\/","token":"51.1\/1\/4\/51.1-126","metadata":false},{"id":70940,"structure_id":13057,"section_number":"51.1-126.1","catch_line":"Certain employees of teaching hospitals","url":"\/51.1-126.1\/","token":"51.1\/1\/4\/51.1-126.1","metadata":false},{"id":65797,"structure_id":13057,"section_number":"51.1-126.2","catch_line":"Repealed","url":"\/51.1-126.2\/","token":"51.1\/1\/4\/51.1-126.2","metadata":false},{"id":59098,"structure_id":13057,"section_number":"51.1-126.3","catch_line":"Employees of the University of Virginia Medical Center","url":"\/51.1-126.3\/","token":"51.1\/1\/4\/51.1-126.3","metadata":false},{"id":85814,"structure_id":13057,"section_number":"51.1-126.4","catch_line":"Employees of the Virginia Port Authority","url":"\/51.1-126.4\/","token":"51.1\/1\/4\/51.1-126.4","metadata":false},{"id":70111,"structure_id":13057,"section_number":"51.1-126.5","catch_line":"Defined contribution plan for eligible members","url":"\/51.1-126.5\/","token":"51.1\/1\/4\/51.1-126.5","metadata":false},{"id":86163,"structure_id":13057,"section_number":"51.1-126.6","catch_line":"Certain employees of public school divisions","url":"\/51.1-126.6\/","token":"51.1\/1\/4\/51.1-126.6","metadata":false},{"id":84459,"structure_id":13057,"section_number":"51.1-126.7","catch_line":"Employees of the Virginia Outdoors Foundation","url":"\/51.1-126.7\/","token":"51.1\/1\/4\/51.1-126.7","metadata":false},{"id":65817,"structure_id":13057,"section_number":"51.1-126.8","catch_line":"Maximum contributions to optional plans; coordination of limits","url":"\/51.1-126.8\/","token":"51.1\/1\/4\/51.1-126.8","metadata":false},{"id":54112,"structure_id":13057,"section_number":"51.1-127","catch_line":"Federal Employees' Retirement System","url":"\/51.1-127\/","token":"51.1\/1\/4\/51.1-127","metadata":false},{"id":86067,"structure_id":13057,"section_number":"51.1-128","catch_line":"Cessation of membership","url":"\/51.1-128\/","token":"51.1\/1\/4\/51.1-128","metadata":false},{"id":71232,"structure_id":13057,"section_number":"51.1-129","catch_line":"Limitation on membership","url":"\/51.1-129\/","token":"51.1\/1\/4\/51.1-129","metadata":false}],"previous_section":{"id":84459,"structure_id":13057,"section_number":"51.1-126.7","catch_line":"Employees of the Virginia Outdoors Foundation","url":"\/51.1-126.7\/","token":"51.1\/1\/4\/51.1-126.7","metadata":false},"next_section":{"id":54112,"structure_id":13057,"section_number":"51.1-127","catch_line":"Federal Employees' Retirement System","url":"\/51.1-127\/","token":"51.1\/1\/4\/51.1-127","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-126.8\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 435<\/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.<\/p>","references":false,"refers_to":[{"id":84519,"section_number":"51.1-125","catch_line":"Persons composing membership; persons holding more than one position","order_by":null,"url":"\/51.1-125\/"}],"permalink":{"id":235227,"object_type":"law","relational_id":65817,"identifier":"51.1-126.8","token":"51.1\/1\/4\/51.1-126.8","url":"\/51.1-126.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-126.8\/","token":"51.1\/1\/4\/51.1-126.8","dublin_core":{"Title":"Maximum contributions to optional plans; coordination of limits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-126.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, the annual additions to the optional retirement plans described in Article 4 (§ 51.1-125<\/a> et seq.) of Chapter 1 of this title shall be reduced, if necessary, to the extent required by § 415 (c) of the Internal Revenue Code, as adjusted by the Secretary of the Treasury pursuant to § 415 (d) of the Internal Revenue Code. If an employee<\/span> participating in an optional retirement plan is also a participant in another defined contribution plan qualified under §§ 401 (a) or 403 (b) of the Internal Revenue Code and sponsored or maintained by an employer<\/span> participating in such optional retirement plan, the employer<\/span> shall apply the combined limit test required by § 415 (c) of the Internal Revenue Code. Whenever a reduction in annual additions is required to comply with the limitations of § 415 (c) of the Internal Revenue Code, the annual additions under such employer<\/span>’s other plan or plans will be reduced before contributions under the optional retirement plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any vendor for an optional retirement plan that is a defined contribution plan established by Article 4 of Chapter 1 of Title 51.1 shall (i) request and maintain the records needed, (ii) perform the testing services<\/span> required to assure compliance with the limitation described in § 415 (c) of the Internal Revenue Code, including testing required where the employer<\/span> maintains or sponsors another defined contribution plan that must be tested together with the optional retirement plan, and (iii) advise the employer<\/span> of any contribution that exceeds the applicable limitation. If there is no vendor for these services<\/span>, the employer<\/span> shall (a) request and maintain the records needed, (b) perform the testing services<\/span> required to assure compliance with the limitation described in § 415 (c) of the Internal Revenue Code, including testing required where the employer<\/span> maintains or sponsors another defined contribution plan that must be tested together with the optional retirement plan, and (c) reduce any contribution that exceeds the applicable limitation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMAXIMUM CONTRIBUTIONS TO OPTIONAL PLANS; COORDINATION OF LIMITS (\u00a7 51.1-126.8)\n\nA. Notwithstanding any other provision of law, the annual additions to the\noptional retirement plans described in Article 4 (§ 51.1-125 et seq.) of\nChapter 1 of this title shall be reduced, if necessary, to the extent required\nby § 415 (c) of the Internal Revenue Code, as adjusted by the Secretary of\nthe Treasury pursuant to § 415 (d) of the Internal Revenue Code. If an\nemployee participating in an optional retirement plan is also a participant in\nanother defined contribution plan qualified under §§ 401 (a) or 403\n(b) of the Internal Revenue Code and sponsored or maintained by an employer\nparticipating in such optional retirement plan, the employer shall apply the\ncombined limit test required by § 415 (c) of the Internal Revenue Code.\nWhenever a reduction in annual additions is required to comply with the\nlimitations of § 415 (c) of the Internal Revenue Code, the annual additions\nunder such employer’s other plan or plans will be reduced before\ncontributions under the optional retirement plan.\n\nB. Any vendor for an optional retirement plan that is a defined contribution\nplan established by Article 4 of Chapter 1 of Title 51.1 shall (i) request and\nmaintain the records needed, (ii) perform the testing services required to\nassure compliance with the limitation described in § 415 (c) of the\nInternal Revenue Code, including testing required where the employer maintains\nor sponsors another defined contribution plan that must be tested together with\nthe optional retirement plan, and (iii) advise the employer of any contribution\nthat exceeds the applicable limitation. If there is no vendor for these\nservices, the employer shall (a) request and maintain the records needed, (b)\nperform the testing services required to assure compliance with the limitation\ndescribed in § 415 (c) of the Internal Revenue Code, including testing\nrequired where the employer maintains or sponsors another defined contribution\nplan that must be tested together with the optional retirement plan, and (c)\nreduce any contribution that exceeds the applicable limitation.\n\nHISTORY: 2002, c. 435.","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}}