{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-152.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-152.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-152.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-152.html"}],"law_id":59629,"edition_id":1,"section_id":59629,"structure_id":14048,"section_number":"51.1-152","catch_line":"Limitations on average final compensation","history":"1952, c. 157, \u00a7 51-111.10; 1954, c. 497; 1956, c. 98; 1956, Ex. Sess., c. 64; 1960, c. 604; 1966, cc. 174, 175; 1970, c. 779; 1971, Ex. Sess., cc. 88, 185; 1972, cc. 568, 708; 1973, cc. 322, 523, 545, 546; 1974, cc. 353, 484; 1975, cc. 597, 611; 1976, cc. 678, 699; 1977, c. 620; 1980, c. 722, \u00a7 51-111.10:01; 1982, cc. 467, 478; 1984, c. 430; 1986, c. 474; 1987, c. 392; 1990, c. 832.","full_text":"If an employee receives increases in compensation in the last four years of service which are not related to promotion and which exceed the average increase received by other employees of the same employer holding comparable positions, the excess shall be excluded when computing the average final compensation if the Board finds, after consideration of all circumstances, that the primary purpose of the salary increase was to increase the retirement benefit of the employee. If there are no employees of the same employer holding comparable positions, the increases may be excluded from the average final compensation if they exceed the average percentage increase received by all other employees of the same employer. Creditable compensation assumed to have been received for the purpose of purchasing service shall be excluded from a member’s average final compensation.","order_by":null,"text":{"0":{"id":218391,"text":"If an employee receives increases in compensation in the last four years of service which are not related to promotion and which exceed the average increase received by other employees of the same employer holding comparable positions, the excess shall be excluded when computing the average final compensation if the Board finds, after consideration of all circumstances, that the primary purpose of the salary increase was to increase the retirement benefit of the employee. If there are no employees of the same employer holding comparable positions, the increases may be excluded from the average final compensation if they exceed the average percentage increase received by all other employees of the same employer. Creditable compensation assumed to have been received for the purpose of purchasing service shall be excluded from a member’s average final compensation.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14048,"edition_id":1,"name":"Benefits","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":13056,"metadata":{},"date_created":"2026-06-26 03:46:41","date_modified":"2026-06-26 03:46:41","permalink":{"id":235355,"object_type":"structure","relational_id":14048,"identifier":"9","token":"51.1\/1\/9","url":"\/51.1\/1\/9\/","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 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retirement","url":"\/51.1-153\/","token":"51.1\/1\/9\/51.1-153","metadata":false},{"id":79471,"structure_id":14048,"section_number":"51.1-154","catch_line":"Compulsory service retirement","url":"\/51.1-154\/","token":"51.1\/1\/9\/51.1-154","metadata":false},{"id":72358,"structure_id":14048,"section_number":"51.1-155","catch_line":"Service retirement allowance","url":"\/51.1-155\/","token":"51.1\/1\/9\/51.1-155","metadata":false},{"id":61992,"structure_id":14048,"section_number":"51.1-155.1","catch_line":"Exceptions from general early retirement provisions for certain state employees and constitutional officers","url":"\/51.1-155.1\/","token":"51.1\/1\/9\/51.1-155.1","metadata":false},{"id":68249,"structure_id":14048,"section_number":"51.1-155.2","catch_line":"Exceptions from general early retirement provisions for certain local government officials","url":"\/51.1-155.2\/","token":"51.1\/1\/9\/51.1-155.2","metadata":false},{"id":55144,"structure_id":14048,"section_number":"51.1-156","catch_line":"Disability retirement","url":"\/51.1-156\/","token":"51.1\/1\/9\/51.1-156","metadata":false},{"id":72932,"structure_id":14048,"section_number":"51.1-157","catch_line":"Disability retirement allowance","url":"\/51.1-157\/","token":"51.1\/1\/9\/51.1-157","metadata":false},{"id":71977,"structure_id":14048,"section_number":"51.1-158","catch_line":"Reduction of benefits for acceptance of lump-sum settlement under Workers' Compensation Act","url":"\/51.1-158\/","token":"51.1\/1\/9\/51.1-158","metadata":false},{"id":87471,"structure_id":14048,"section_number":"51.1-159","catch_line":"Medical examinations of persons retired for disability","url":"\/51.1-159\/","token":"51.1\/1\/9\/51.1-159","metadata":false},{"id":79621,"structure_id":14048,"section_number":"51.1-160","catch_line":"Cessation of disability retirement allowance","url":"\/51.1-160\/","token":"51.1\/1\/9\/51.1-160","metadata":false},{"id":65950,"structure_id":14048,"section_number":"51.1-161","catch_line":"Withdrawal of contributions before retirement","url":"\/51.1-161\/","token":"51.1\/1\/9\/51.1-161","metadata":false},{"id":68148,"structure_id":14048,"section_number":"51.1-162","catch_line":"Death before retirement","url":"\/51.1-162\/","token":"51.1\/1\/9\/51.1-162","metadata":false},{"id":64427,"structure_id":14048,"section_number":"51.1-163","catch_line":"Death after retirement","url":"\/51.1-163\/","token":"51.1\/1\/9\/51.1-163","metadata":false},{"id":63014,"structure_id":14048,"section_number":"51.1-164","catch_line":"Repealed","url":"\/51.1-164\/","token":"51.1\/1\/9\/51.1-164","metadata":false},{"id":71831,"structure_id":14048,"section_number":"51.1-165","catch_line":"Optional benefits","url":"\/51.1-165\/","token":"51.1\/1\/9\/51.1-165","metadata":false},{"id":82994,"structure_id":14048,"section_number":"51.1-165.01","catch_line":"Partial lump-sum option for payment of retirement allowance","url":"\/51.1-165.01\/","token":"51.1\/1\/9\/51.1-165.01","metadata":false},{"id":66610,"structure_id":14048,"section_number":"51.1-165.1","catch_line":"Acknowledgment by spouse of member","url":"\/51.1-165.1\/","token":"51.1\/1\/9\/51.1-165.1","metadata":false},{"id":83485,"structure_id":14048,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","url":"\/51.1-166\/","token":"51.1\/1\/9\/51.1-166","metadata":false},{"id":58384,"structure_id":14048,"section_number":"51.1-167","catch_line":"Retirement allowance to be reduced in certain cases","url":"\/51.1-167\/","token":"51.1\/1\/9\/51.1-167","metadata":false},{"id":57811,"structure_id":14048,"section_number":"51.1-168","catch_line":"Limits on creditable compensation; maximum benefits; mandatory payment of allowance","url":"\/51.1-168\/","token":"51.1\/1\/9\/51.1-168","metadata":false},{"id":83100,"structure_id":14048,"section_number":"51.1-169","catch_line":"Hybrid retirement program","url":"\/51.1-169\/","token":"51.1\/1\/9\/51.1-169","metadata":false}],"next_section":{"id":85181,"structure_id":14048,"section_number":"51.1-153","catch_line":"Service retirement","url":"\/51.1-153\/","token":"51.1\/1\/9\/51.1-153","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-152\/","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 1954, chapter 497; in 1956, chapter 98; in 1960, chapter 604; in 1966, chapters 174 and 175; in 1970, chapter 779; in 1972, chapters 568 and 708; in 1973, chapters 322, 523, 545, and 546; in 1974, chapters 353 and 484; in 1975, chapters 597 and 611; in 1976, chapters 678 and 699; in 1977, chapter 620; in 1980, chapter 722; in 1982, chapters 467 and 478; in 1984, chapter 430; in 1986, chapter 474; in 1987, chapter 392; in 1990, chapter 832.<\/p>","references":[{"id":60193,"section_number":"19.2-46.2","catch_line":"Full-time magistrates; certification for retirement coverage","order_by":null,"url":"\/19.2-46.2\/"},{"id":66980,"section_number":"51.1-124.9","catch_line":"Changes or errors in records resulting in erroneous payments; employer liability","order_by":null,"url":"\/51.1-124.9\/"},{"id":63242,"section_number":"51.1-210","catch_line":"Disability benefit","order_by":null,"url":"\/51.1-210\/"},{"id":79980,"section_number":"51.1-220","catch_line":"Disability benefit","order_by":null,"url":"\/51.1-220\/"}],"refers_to":false,"permalink":{"id":235357,"object_type":"law","relational_id":59629,"identifier":"51.1-152","token":"51.1\/1\/9\/51.1-152","url":"\/51.1-152\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-152\/","token":"51.1\/1\/9\/51.1-152","dublin_core":{"Title":"Limitations on average final compensation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-152","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If an employee<\/span> receives increases in compensation in the last four years of service<\/span> which are not related to promotion and which exceed the average increase received by other employees<\/span> of the same employer<\/span> holding comparable positions, the excess shall be excluded when computing the average final compensation<\/span> if the Board<\/span> finds, after consideration of all circumstances, that the primary purpose of the salary increase was to increase the retirement benefit of the employee<\/span>. If there are no employees<\/span> of the same employer<\/span> holding comparable positions, the increases may be excluded from the average final compensation<\/span> if they exceed the average percentage increase received by all other employees<\/span> of the same employer<\/span>. Creditable compensation<\/span> assumed to have been received for the purpose of purchasing service<\/span> shall be excluded from a member<\/span>’s average final compensation<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATIONS ON AVERAGE FINAL COMPENSATION (\u00a7 51.1-152)\n\nIf an employee receives increases in compensation in the last four years of\nservice which are not related to promotion and which exceed the average increase\nreceived by other employees of the same employer holding comparable positions,\nthe excess shall be excluded when computing the average final compensation if\nthe Board finds, after consideration of all circumstances, that the primary\npurpose of the salary increase was to increase the retirement benefit of the\nemployee. If there are no employees of the same employer holding comparable\npositions, the increases may be excluded from the average final compensation if\nthey exceed the average percentage increase received by all other employees of\nthe same employer. Creditable compensation assumed to have been received for the\npurpose of purchasing service shall be excluded from a member’s average\nfinal compensation.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.10; 1954, c. 497; 1956, c. 98; 1956, Ex. Sess.,\nc. 64; 1960, c. 604; 1966, cc. 174, 175; 1970, c. 779; 1971, Ex. Sess., cc. 88,\n185; 1972, cc. 568, 708; 1973, cc. 322, 523, 545, 546; 1974, cc. 353, 484; 1975,\ncc. 597, 611; 1976, cc. 678, 699; 1977, c. 620; 1980, c. 722, \u00a7 51-111.10:01;\n1982, cc. 467, 478; 1984, c. 430; 1986, c. 474; 1987, c. 392; 1990, c. 832.","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}}