{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-138.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-138.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-138.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-138.html"}],"law_id":60634,"edition_id":1,"section_id":60634,"structure_id":15102,"section_number":"51.1-138","catch_line":"Benefits","history":"1952, c. 157, \u00a7 51-111.37; 1970, c. 476; 1972, c. 568; 1974, c. 353; 1975, c. 597; 1976, c. 654; 1977, cc. 326, 620; 1989, c. 484; 1990, c. 832; 1991, c. 719; 1999, c. 596; 2002, c. 466; 2004, c. 83; 2006, cc. 65, 388; 2007, c. 819; 2009, cc. 6, 91, 282; 2010, c. 745; 2012, c. 423.","full_text":"A\n\nEmployees who become members under this article and on whose behalf contributions are paid as provided in this article shall be entitled to benefits under the retirement system.B\n\nBy resolution legally adopted and approved by the Board, the employer may elect to provide benefits equivalent to those provided under the State Police Officers’ Retirement System, as set out in Chapter 2 (§ 51.1-200 et seq.) of this title except for § 51.1-209, and except that the employer may elect to establish the retirement allowance pursuant to the allowance provided in clause (i) or (ii) in subsection A of § 51.1-206, in lieu of the benefits that would otherwise be provided hereunder for any employees who are employed in (i) law-enforcement positions comparably hazardous to that of a state police officer, including any sworn law-enforcement officer who has the duty and obligation to enforce the penal and traffic laws of this Commonwealth as directed by his superior officer, if so certified by his appointing authority, (ii) positions as full-time salaried fire fighters, (iii) positions as full-time salaried emergency medical technicians, or (iv) positions as regional jail superintendents and jail officers of regional jail farms, regional jails or jail authorities, as approved by the respective jail board or authority and by the participating political subdivisions of such entities. Sheriffs of political subdivisions and superintendents of regional jails which participate in the retirement system shall receive benefits equivalent to those of state police officers, except for the benefits provided under § 51.1-209, regardless of whether the employer has elected to provide equivalent benefits as set out in this subsection.C\n\nEach employer providing the benefits of subsection B for its employees prior to July 1, 1990, may elect to provide for the early retirement of employees as set forth in this subsection in lieu of the early retirement and death before retirement provisions of the State Police Officers’ Retirement System. Such election must be made to the Board in writing prior to July 1, 1990. Any member in service on or after his fifty-fifth birthday with five or more years of creditable service (i) while earning the benefits permitted by this section, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) as a member in the retirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of this title may retire upon written notification to the Board setting forth at what time the retirement is to become effective. The effective date shall be after his last day of service but shall not be more than 90 days prior to the filing of such notice. The member shall receive an allowance that shall be determined in the same manner as for retirement at an employee’s normal retirement with creditable service and average final compensation being determined as of the date of his actual retirement. If the member has less than 30 years of service at retirement, the amount of the retirement allowance shall be reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the earlier of (a) the member’s normal retirement date or (b) the first date on or after the member’s fifty-fifth birthday on which the member would have completed a total of 30 years of creditable service. Effective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under this chapter and earning the benefits permitted by this section, Chapter 2 (§ 51.1-200 et seq.), or Chapter 2.1 (§ 51.1-211 et seq.) of this title shall not be subject to the vesting requirements of this section, and §§ 51.1-205 and 51.1-216.\n\t\t\tMembers retiring under the provisions of this subsection shall be entitled to receive post-retirement supplements as provided in § 51.1-166. In computing the amount of any supplement, any additional allowances being paid under the provisions of subsection B of § 51.1-206 shall be disregarded. In the case of death before retirement, members whose employers elect to provide benefits in accordance with the provisions of this subsection and who have not attained the age of 50 on the date of death shall be assumed to be 50 years of age for the purposes of reducing the benefits on an actuarial equivalent basis.D\n\nBeginning July 1, 2008, each county and city participating in the Virginia Retirement System shall provide the benefit coverage described in subsection B to each deputy sheriff, regardless of whether the deputy sheriff’s salary is funded or reimbursed in whole or in part by the Compensation Board.E\n\nNotwithstanding the provisions of subsection C, beginning July 1, 2009, the City of Danville shall provide to each deputy sheriff the benefit coverage described in subsection B.F\n\nBeginning July 1, 2009, each regional jail board and regional jail authority participating in the Virginia Retirement System and each county and city participating in such board or authority shall provide the benefit coverage described in subsection B to each sworn officer of a regional jail, regardless of whether the regional jail officer’s salary is funded or reimbursed in whole or in part by the State Compensation Board.G\n\nBeginning July 1, 2010, any county or city that (i) participates in the Virginia Retirement System pursuant to Chapter 1 (§ 51.1-124.1 et seq.), (ii) has in effect a retirement supplement for deputy sheriffs (in addition to the annual retirement allowance provided under the Virginia Retirement System) that exceeds the allowance set forth in subsection B of § 51.1-206 hereof, and (iii) provides the same level of retirement benefits to all of its deputy sheriffs, may, by resolution legally adopted, elect to provide the benefits coverage under subsection B hereof except for the allowance described in subsection B of § 51.1-206. Notwithstanding any other provision of law, the additional costs of such election shall be borne solely by such county or city.H\n\nIf an employee (i) is in a position covered by the additional benefits under this section for at least five years, (ii) is separated from the position because of a disability that entitles him to the disability retirement benefits pursuant to § 51.1-156, and (iii) accepts a position with the same employer that is not covered by the benefits under this section but whose salary and benefits are not less than those of the position from which he is separated, then, at the sole discretion of the employer, the employee may continue to be covered under the benefits permitted by this section in his new position.I\n\nThe retirement system shall not be liable for the payment of any retirement allowances or other benefits on behalf of a member or beneficiary of a member for which reserves have not been previously created from funds contributed by the employer or the members for such benefits.","order_by":null,"text":{"0":{"id":221622,"text":"Employees who become members under this article and on whose behalf contributions are paid as provided in this article shall be entitled to benefits under the retirement system.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221623,"text":"By resolution legally adopted and approved by the Board, the employer may elect to provide benefits equivalent to those provided under the State Police Officers’ Retirement System, as set out in Chapter 2 (§ 51.1-200 et seq.) of this title except for § 51.1-209, and except that the employer may elect to establish the retirement allowance pursuant to the allowance provided in clause (i) or (ii) in subsection A of § 51.1-206, in lieu of the benefits that would otherwise be provided hereunder for any employees who are employed in (i) law-enforcement positions comparably hazardous to that of a state police officer, including any sworn law-enforcement officer who has the duty and obligation to enforce the penal and traffic laws of this Commonwealth as directed by his superior officer, if so certified by his appointing authority, (ii) positions as full-time salaried fire fighters, (iii) positions as full-time salaried emergency medical technicians, or (iv) positions as regional jail superintendents and jail officers of regional jail farms, regional jails or jail authorities, as approved by the respective jail board or authority and by the participating political subdivisions of such entities. Sheriffs of political subdivisions and superintendents of regional jails which participate in the retirement system shall receive benefits equivalent to those of state police officers, except for the benefits provided under § 51.1-209, regardless of whether the employer has elected to provide equivalent benefits as set out in this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221624,"text":"Each employer providing the benefits of subsection B for its employees prior to July 1, 1990, may elect to provide for the early retirement of employees as set forth in this subsection in lieu of the early retirement and death before retirement provisions of the State Police Officers’ Retirement System. Such election must be made to the Board in writing prior to July 1, 1990. Any member in service on or after his fifty-fifth birthday with five or more years of creditable service (i) while earning the benefits permitted by this section, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) as a member in the retirement system established by Chapter 2.1 (§ 51.1-211 et seq.) of this title may retire upon written notification to the Board setting forth at what time the retirement is to become effective. The effective date shall be after his last day of service but shall not be more than 90 days prior to the filing of such notice. The member shall receive an allowance that shall be determined in the same manner as for retirement at an employee’s normal retirement with creditable service and average final compensation being determined as of the date of his actual retirement. If the member has less than 30 years of service at retirement, the amount of the retirement allowance shall be reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the earlier of (a) the member’s normal retirement date or (b) the first date on or after the member’s fifty-fifth birthday on which the member would have completed a total of 30 years of creditable service. Effective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under this chapter and earning the benefits permitted by this section, Chapter 2 (§ 51.1-200 et seq.), or Chapter 2.1 (§ 51.1-211 et seq.) of this title shall not be subject to the vesting requirements of this section, and §§ 51.1-205 and 51.1-216.\n\t\t\tMembers retiring under the provisions of this subsection shall be entitled to receive post-retirement supplements as provided in § 51.1-166. In computing the amount of any supplement, any additional allowances being paid under the provisions of subsection B of § 51.1-206 shall be disregarded. In the case of death before retirement, members whose employers elect to provide benefits in accordance with the provisions of this subsection and who have not attained the age of 50 on the date of death shall be assumed to be 50 years of age for the purposes of reducing the benefits on an actuarial equivalent basis.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221625,"text":"Beginning July 1, 2008, each county and city participating in the Virginia Retirement System shall provide the benefit coverage described in subsection B to each deputy sheriff, regardless of whether the deputy sheriff’s salary is funded or reimbursed in whole or in part by the Compensation Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221626,"text":"Notwithstanding the provisions of subsection C, beginning July 1, 2009, the City of Danville shall provide to each deputy sheriff the benefit coverage described in subsection B.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":221627,"text":"Beginning July 1, 2009, each regional jail board and regional jail authority participating in the Virginia Retirement System and each county and city participating in such board or authority shall provide the benefit coverage described in subsection B to each sworn officer of a regional jail, regardless of whether the regional jail officer’s salary is funded or reimbursed in whole or in part by the State Compensation Board.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":221628,"text":"Beginning July 1, 2010, any county or city that (i) participates in the Virginia Retirement System pursuant to Chapter 1 (§ 51.1-124.1 et seq.), (ii) has in effect a retirement supplement for deputy sheriffs (in addition to the annual retirement allowance provided under the Virginia Retirement System) that exceeds the allowance set forth in subsection B of § 51.1-206 hereof, and (iii) provides the same level of retirement benefits to all of its deputy sheriffs, may, by resolution legally adopted, elect to provide the benefits coverage under subsection B hereof except for the allowance described in subsection B of § 51.1-206. Notwithstanding any other provision of law, the additional costs of such election shall be borne solely by such county or city.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":221629,"text":"If an employee (i) is in a position covered by the additional benefits under this section for at least five years, (ii) is separated from the position because of a disability that entitles him to the disability retirement benefits pursuant to § 51.1-156, and (iii) accepts a position with the same employer that is not covered by the benefits under this section but whose salary and benefits are not less than those of the position from which he is separated, then, at the sole discretion of the employer, the employee may continue to be covered under the benefits permitted by this section in his new position.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":221630,"text":"The retirement system shall not be liable for the payment of any retirement allowances or other benefits on behalf of a member or beneficiary of a member for which reserves have not been previously created from funds contributed by the employer or the members for such benefits.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":15102,"edition_id":1,"name":"Participation of Political Subdivisions in Retirement System","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13056,"metadata":{},"date_created":"2026-06-26 03:52:09","date_modified":"2026-06-26 03:52:09","permalink":{"id":235243,"object_type":"structure","relational_id":15102,"identifier":"5","token":"51.1\/1\/5","url":"\/51.1\/1\/5\/","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":72480,"structure_id":15102,"section_number":"51.1-130","catch_line":"Resolution of governing body; approval by Board","url":"\/51.1-130\/","token":"51.1\/1\/5\/51.1-130","metadata":false},{"id":73929,"structure_id":15102,"section_number":"51.1-131","catch_line":"Local pension systems; transfer to retirement system","url":"\/51.1-131\/","token":"51.1\/1\/5\/51.1-131","metadata":false},{"id":81431,"structure_id":15102,"section_number":"51.1-132","catch_line":"Eligible employees","url":"\/51.1-132\/","token":"51.1\/1\/5\/51.1-132","metadata":false},{"id":83773,"structure_id":15102,"section_number":"51.1-133","catch_line":"Limitation on membership","url":"\/51.1-133\/","token":"51.1\/1\/5\/51.1-133","metadata":false},{"id":57542,"structure_id":15102,"section_number":"51.1-134","catch_line":"Optional membership; creditable service","url":"\/51.1-134\/","token":"51.1\/1\/5\/51.1-134","metadata":false},{"id":62836,"structure_id":15102,"section_number":"51.1-135","catch_line":"Compulsory membership","url":"\/51.1-135\/","token":"51.1\/1\/5\/51.1-135","metadata":false},{"id":85532,"structure_id":15102,"section_number":"51.1-136","catch_line":"Submitting information and performing duties prescribed by Board","url":"\/51.1-136\/","token":"51.1\/1\/5\/51.1-136","metadata":false},{"id":78267,"structure_id":15102,"section_number":"51.1-137","catch_line":"Computation of employer contribution rates; reimbursement by Commonwealth","url":"\/51.1-137\/","token":"51.1\/1\/5\/51.1-137","metadata":false},{"id":84786,"structure_id":15102,"section_number":"51.1-137.1","catch_line":"Certain local data to be provided","url":"\/51.1-137.1\/","token":"51.1\/1\/5\/51.1-137.1","metadata":false},{"id":60634,"structure_id":15102,"section_number":"51.1-138","catch_line":"Benefits","url":"\/51.1-138\/","token":"51.1\/1\/5\/51.1-138","metadata":false},{"id":76070,"structure_id":15102,"section_number":"51.1-139","catch_line":"Procedure when employer in default","url":"\/51.1-139\/","token":"51.1\/1\/5\/51.1-139","metadata":false}],"previous_section":{"id":84786,"structure_id":15102,"section_number":"51.1-137.1","catch_line":"Certain local data to be provided","url":"\/51.1-137.1\/","token":"51.1\/1\/5\/51.1-137.1","metadata":false},"next_section":{"id":76070,"structure_id":15102,"section_number":"51.1-139","catch_line":"Procedure when employer in default","url":"\/51.1-139\/","token":"51.1\/1\/5\/51.1-139","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-138\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 157 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. Unfortunately, the 1952 \u201cActs\u201d aren\u2019t available online. It has been modified 17 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 1970, chapter 476; in 1972, chapter 568; in 1974, chapter 353; in 1975, chapter 597; in 1976, chapter 654; in 1977, chapters 326 and 620; in 1989, chapter 484; in 1990, chapter 832; in 1991, chapter 719; in 1999, chapter 596<\/a>; in 2002, chapter 466<\/a>; in 2004, chapter 83<\/a>; in 2006, chapters 65<\/a> and 388<\/a>; in 2007, chapter 819<\/a>; in 2009, chapters 6<\/a>, 91<\/a>, and 282<\/a>; in 2010, chapter 745<\/a>; in 2012, chapter 423<\/a>.<\/p>","references":[{"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":58084,"section_number":"51.1-216","catch_line":"Service retirement generally","order_by":null,"url":"\/51.1-216\/"},{"id":81012,"section_number":"51.1-217","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-217\/"}],"refers_to":[{"id":68506,"section_number":"51.1-124.1","catch_line":"Virginia Retirement System established","order_by":null,"url":"\/51.1-124.1\/"},{"id":55144,"section_number":"51.1-156","catch_line":"Disability retirement","order_by":null,"url":"\/51.1-156\/"},{"id":83485,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","order_by":null,"url":"\/51.1-166\/"},{"id":54259,"section_number":"51.1-200","catch_line":"State Police Officers' Retirement System continued; administration; application of provisions of Virginia Retirement System","order_by":null,"url":"\/51.1-200\/"},{"id":69138,"section_number":"51.1-205","catch_line":"Service retirement generally","order_by":null,"url":"\/51.1-205\/"},{"id":56709,"section_number":"51.1-206","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-206\/"},{"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":74746,"section_number":"51.1-211","catch_line":"Virginia Law Officers' Retirement System; application of provisions of Virginia Retirement System","order_by":null,"url":"\/51.1-211\/"},{"id":58084,"section_number":"51.1-216","catch_line":"Service retirement generally","order_by":null,"url":"\/51.1-216\/"}],"permalink":{"id":235281,"object_type":"law","relational_id":60634,"identifier":"51.1-138","token":"51.1\/1\/5\/51.1-138","url":"\/51.1-138\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-138\/","token":"51.1\/1\/5\/51.1-138","dublin_core":{"Title":"Benefits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-138","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Employees<\/span> who become members<\/span> under this article and on whose behalf contributions are paid as provided in this article shall be entitled to benefits under the retirement system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> By resolution legally adopted and approved by the Board<\/span>, the employer<\/span> may elect to provide benefits equivalent to those provided under the State Police Officers’ Retirement System<\/span>, as set out in Chapter 2 (§ 51.1-200<\/a> et seq.) of this title except for § 51.1-209<\/a>, and except that the employer<\/span> may elect to establish the retirement allowance<\/span> pursuant to the allowance provided in clause (i) or (ii) in subsection A of § 51.1-206<\/a>, in lieu of the benefits that would otherwise be provided hereunder for any employees<\/span> who are employed in (i) law<\/span>-enforcement positions comparably hazardous to that of a state police officer, including any sworn law<\/span>-enforcement officer who has the duty and obligation to enforce the penal and traffic laws<\/span> of this Commonwealth as directed by his superior officer, if so certified by his appointing authority, (ii) positions as full-time salaried fire fighters, (iii) positions as full-time salaried emergency medical technicians, or (iv) positions as regional jail superintendents and jail officers of regional jail farms, regional jails or jail authorities, as approved by the respective jail board<\/span> or authority and by the participating political subdivisions<\/span> of such entities. Sheriffs of political subdivisions<\/span> and superintendents of regional jails which participate in the retirement system<\/span> shall receive benefits equivalent to those of state police officers, except for the benefits provided under § 51.1-209<\/a>, regardless of whether the employer<\/span> has elected to provide equivalent benefits as set out in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each employer<\/span> providing the benefits of subsection B for its employees<\/span> prior to July 1, 1990, may elect to provide for the early retirement of employees<\/span> as set forth in this subsection in lieu of the early retirement and death before retirement provisions of the State Police Officers’ Retirement System<\/span>. Such election must be made to the Board<\/span> in writing prior to July 1, 1990. Any member<\/span> in service on or after his fifty-fifth birthday with five or more years of creditable service<\/span> (i) while earning the benefits permitted by this section, (ii) as a member<\/span> in the retirement system<\/span> established by Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or (iii) as a member<\/span> in the retirement system<\/span> established by Chapter 2.1 (§ 51.1-211<\/a> et seq.) of this title may retire upon written notification to the Board<\/span> setting forth at what time the retirement is to become effective. The effective date shall be after his last day of service but shall not be more than 90 days prior to the filing of such notice. The member<\/span> shall receive an allowance that shall be determined in the same manner as for retirement at an employee<\/span>’s normal retirement with creditable service<\/span> and average final compensation<\/span> being determined as of the date of his actual retirement. If the member<\/span> has less than 30 years of service at retirement, the amount of the retirement allowance<\/span> shall be reduced on an actuarial equivalent<\/span> basis for the period by which the actual retirement date precedes the earlier of (a) the member<\/span>’s normal retirement date<\/span> or (b) the first date on or after the member<\/span>’s fifty-fifth birthday on which the member<\/span> would have completed a total of 30 years of creditable service<\/span>. Effective December 31, 2003, any employee<\/span> in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service<\/span> rendered under this chapter and earning the benefits permitted by this section, Chapter 2 (§ 51.1-200<\/a> et seq.), or Chapter 2.1 (§ 51.1-211<\/a> et seq.) of this title shall not be subject to the vesting requirements of this section, and §§ 51.1-205<\/a> and 51.1-216<\/a>.\n\t\t\tMembers<\/span> retiring under the provisions of this subsection shall be entitled to receive post-retirement supplements as provided in § 51.1-166<\/a>. In computing the amount of any supplement, any additional allowances being paid under the provisions of subsection B of § 51.1-206<\/a> shall be disregarded. In the case of death before retirement, members<\/span> whose employers<\/span> elect to provide benefits in accordance with the provisions of this subsection and who have not attained the age of 50 on the date of death shall be assumed to be 50 years of age for the purposes of reducing the benefits on an actuarial equivalent<\/span> basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Beginning July 1, 2008, each county and city participating in the Virginia Retirement System<\/span> shall provide the benefit coverage described in subsection B to each deputy sheriff, regardless of whether the deputy sheriff’s salary is funded or reimbursed in whole or in part by the Compensation Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsection C, beginning July 1, 2009, the City of Danville shall provide to each deputy sheriff the benefit coverage described in subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Beginning July 1, 2009, each regional jail board<\/span> and regional jail authority participating in the Virginia Retirement System<\/span> and each county and city participating in such board<\/span> or authority shall provide the benefit coverage described in subsection B to each sworn officer of a regional jail, regardless of whether the regional jail officer’s salary is funded or reimbursed in whole or in part by the State Compensation Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Beginning July 1, 2010, any county or city that (i) participates in the Virginia Retirement System<\/span> pursuant to Chapter 1 (§ 51.1-124.1<\/a> et seq.), (ii) has in effect a retirement supplement for deputy sheriffs (in addition to the annual retirement allowance<\/span> provided under the Virginia Retirement System<\/span>) that exceeds the allowance set forth in subsection B of § 51.1-206<\/a> hereof, and (iii) provides the same level of retirement benefits to all of its deputy sheriffs, may, by resolution legally adopted, elect to provide the benefits coverage under subsection B hereof except for the allowance described in subsection B of § 51.1-206<\/a>. Notwithstanding any other provision of law<\/span>, the additional costs of such election shall be borne solely by such county or city. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If an employee<\/span> (i) is in a position covered by the additional benefits under this section for at least five years, (ii) is separated from the position because of a disability that entitles him to the disability retirement benefits pursuant to § 51.1-156<\/a>, and (iii) accepts a position with the same employer<\/span> that is not covered by the benefits under this section but whose salary and benefits are not less than those of the position from which he is separated, then, at the sole discretion of the employer<\/span>, the employee<\/span> may continue to be covered under the benefits permitted by this section in his new position. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The retirement system<\/span> shall not be liable for the payment of any retirement allowances<\/span> or other benefits on behalf of a member<\/span> or beneficiary<\/span> of a member<\/span> for which reserves have not been previously created from funds contributed by the employer<\/span> or the members<\/span> for such benefits. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBENEFITS (\u00a7 51.1-138)\n\nA. Employees who become members under this article and on whose behalf\ncontributions are paid as provided in this article shall be entitled to benefits\nunder the retirement system.\n\nB. By resolution legally adopted and approved by the Board, the employer may\nelect to provide benefits equivalent to those provided under the State Police\nOfficers’ Retirement System, as set out in Chapter 2 (§ 51.1-200 et\nseq.) of this title except for § 51.1-209, and except that the employer may\nelect to establish the retirement allowance pursuant to the allowance provided\nin clause (i) or (ii) in subsection A of § 51.1-206, in lieu of the\nbenefits that would otherwise be provided hereunder for any employees who are\nemployed in (i) law-enforcement positions comparably hazardous to that of a\nstate police officer, including any sworn law-enforcement officer who has the\nduty and obligation to enforce the penal and traffic laws of this Commonwealth\nas directed by his superior officer, if so certified by his appointing\nauthority, (ii) positions as full-time salaried fire fighters, (iii) positions\nas full-time salaried emergency medical technicians, or (iv) positions as\nregional jail superintendents and jail officers of regional jail farms, regional\njails or jail authorities, as approved by the respective jail board or authority\nand by the participating political subdivisions of such entities. Sheriffs of\npolitical subdivisions and superintendents of regional jails which participate\nin the retirement system shall receive benefits equivalent to those of state\npolice officers, except for the benefits provided under § 51.1-209,\nregardless of whether the employer has elected to provide equivalent benefits as\nset out in this subsection.\n\nC. Each employer providing the benefits of subsection B for its employees prior\nto July 1, 1990, may elect to provide for the early retirement of employees as\nset forth in this subsection in lieu of the early retirement and death before\nretirement provisions of the State Police Officers’ Retirement System.\nSuch election must be made to the Board in writing prior to July 1, 1990. Any\nmember in service on or after his fifty-fifth birthday with five or more years\nof creditable service (i) while earning the benefits permitted by this section,\n(ii) as a member in the retirement system established by Chapter 2 (§\n51.1-200 et seq.) of this title, or (iii) as a member in the retirement system\nestablished by Chapter 2.1 (§ 51.1-211 et seq.) of this title may retire\nupon written notification to the Board setting forth at what time the retirement\nis to become effective. The effective date shall be after his last day of\nservice but shall not be more than 90 days prior to the filing of such notice.\nThe member shall receive an allowance that shall be determined in the same\nmanner as for retirement at an employee’s normal retirement with\ncreditable service and average final compensation being determined as of the\ndate of his actual retirement. If the member has less than 30 years of service\nat retirement, the amount of the retirement allowance shall be reduced on an\nactuarial equivalent basis for the period by which the actual retirement date\nprecedes the earlier of (a) the member’s normal retirement date or (b) the\nfirst date on or after the member’s fifty-fifth birthday on which the\nmember would have completed a total of 30 years of creditable service. Effective\nDecember 31, 2003, any employee in service on June 30, 2002, and July 1, 2002,\nwho is credited with five or more years of creditable service rendered under\nthis chapter and earning the benefits permitted by this section, Chapter 2\n(§ 51.1-200 et seq.), or Chapter 2.1 (§ 51.1-211 et seq.) of this\ntitle shall not be subject to the vesting requirements of this section, and\n§§ 51.1-205 and 51.1-216.\n\t\t\tMembers retiring under the provisions of this subsection shall be entitled to\nreceive post-retirement supplements as provided in § 51.1-166. In computing\nthe amount of any supplement, any additional allowances being paid under the\nprovisions of subsection B of § 51.1-206 shall be disregarded. In the case\nof death before retirement, members whose employers elect to provide benefits in\naccordance with the provisions of this subsection and who have not attained the\nage of 50 on the date of death shall be assumed to be 50 years of age for the\npurposes of reducing the benefits on an actuarial equivalent basis.\n\nD. Beginning July 1, 2008, each county and city participating in the Virginia\nRetirement System shall provide the benefit coverage described in subsection B\nto each deputy sheriff, regardless of whether the deputy sheriff’s salary\nis funded or reimbursed in whole or in part by the Compensation Board.\n\nE. Notwithstanding the provisions of subsection C, beginning July 1, 2009, the\nCity of Danville shall provide to each deputy sheriff the benefit coverage\ndescribed in subsection B.\n\nF. Beginning July 1, 2009, each regional jail board and regional jail authority\nparticipating in the Virginia Retirement System and each county and city\nparticipating in such board or authority shall provide the benefit coverage\ndescribed in subsection B to each sworn officer of a regional jail, regardless\nof whether the regional jail officer’s salary is funded or reimbursed in\nwhole or in part by the State Compensation Board.\n\nG. Beginning July 1, 2010, any county or city that (i) participates in the\nVirginia Retirement System pursuant to Chapter 1 (§ 51.1-124.1 et seq.),\n(ii) has in effect a retirement supplement for deputy sheriffs (in addition to\nthe annual retirement allowance provided under the Virginia Retirement System)\nthat exceeds the allowance set forth in subsection B of § 51.1-206 hereof,\nand (iii) provides the same level of retirement benefits to all of its deputy\nsheriffs, may, by resolution legally adopted, elect to provide the benefits\ncoverage under subsection B hereof except for the allowance described in\nsubsection B of § 51.1-206. Notwithstanding any other provision of law, the\nadditional costs of such election shall be borne solely by such county or city.\n\nH. If an employee (i) is in a position covered by the additional benefits under\nthis section for at least five years, (ii) is separated from the position\nbecause of a disability that entitles him to the disability retirement benefits\npursuant to § 51.1-156, and (iii) accepts a position with the same employer\nthat is not covered by the benefits under this section but whose salary and\nbenefits are not less than those of the position from which he is separated,\nthen, at the sole discretion of the employer, the employee may continue to be\ncovered under the benefits permitted by this section in his new position.\n\nI. The retirement system shall not be liable for the payment of any retirement\nallowances or other benefits on behalf of a member or beneficiary of a member\nfor which reserves have not been previously created from funds contributed by\nthe employer or the members for such benefits.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.37; 1970, c. 476; 1972, c. 568; 1974, c. 353;\n1975, c. 597; 1976, c. 654; 1977, cc. 326, 620; 1989, c. 484; 1990, c. 832;\n1991, c. 719; 1999, c. 596; 2002, c. 466; 2004, c. 83; 2006, cc. 65, 388; 2007,\nc. 819; 2009, cc. 6, 91, 282; 2010, c. 745; 2012, c. 423.","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}}