{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-153.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-153.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-153.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-153.html"}],"law_id":85181,"edition_id":1,"section_id":85181,"structure_id":14048,"section_number":"51.1-153","catch_line":"Service retirement","history":"1952, c. 157, \u00a7 51-111.53; 1966, c. 174; 1970, c. 476; 1976, c. 429; 1977, c. 620; 1982, c. 427; 1986, c. 474; 1988, c. 222; 1990, c. 832; 1995, cc. 152, 692, 811; 1996, cc. 768, 997; 1999, cc. 111, 567, 568, 569, 591, 592, 598, 599; 2000, cc. 66, 657, 911; 2010, cc. 737, 738; 2011, c. 483; 2012, cc. 701, 811, 823; 2013, cc. 456, 666; 2015, cc. 502, 503.","full_text":"A\n\nNormal retirement. &#8212; Any member in service at his normal retirement date with five or more years of creditable service may retire at any time upon written notification to the Board setting forth the date the retirement is to become effective. Any member in service who was denied membership prior to July 1, 1987, as a result of being age 60 or over when first employed may retire at any time after his normal retirement date and the requirement of having five or more years of service shall not apply.B\n\nEarly retirement. &#8212; 1. Any member in service who has attained his fifty-fifth birthday with five or more years of creditable service may retire prior to his normal retirement date upon written notification to the Board setting forth the date the retirement is to become effective.\n\t\t\tHowever, a person who becomes a member on or after July 1, 2010, or a member who does not have at least 60 months of creditable service as of January 1, 2013, under this chapter shall be allowed to retire under this subdivision prior to his normal retirement date only if the person is in service and has attained his sixtieth birthday with five or more years of creditable service, and the benefit for such person shall be calculated in accordance with the provisions of subdivision A 3 of \u00a7 51.1-155.2\n\nSubject to the provisions of subdivision 3, any state employee, teacher, or employee of a political subdivision who is a member of the retirement system may retire prior to his normal retirement date after attaining age 50 and 30 years of creditable service, upon written notification to the Board setting forth the date the retirement is to become effective. The benefit for such member shall be calculated in accordance with the provisions of subdivision A 1 of &#xA7; 51.1-155.3\n\nA person who becomes a member on or after July 1, 2010, or a member who does not have at least 60 months of creditable service as of January 1, 2013, as a state employee, teacher, or employee of a political subdivision may retire prior to his normal retirement date after the sum of his age and years of creditable service equals 90, upon written notification to the Board setting forth the date the retirement is to become effective. The benefit for such member shall be calculated in accordance with the provisions of subdivision A 1 of &#xA7; 51.1-155.4\n\nNotwithstanding the foregoing, a political subdivision by legally adopted resolution may declare to the Board that, for purposes of subdivisions B 1 and B 3 and subsection D, and subdivision A 3 of &#xA7; 51.1-155, any person who is an individual who meets the definition of &#8220;emergency medical services personnel&#8221; in &#xA7; 32.1-111.1 or who is employed as a firefighter, or law-enforcement officer as those terms are defined in &#xA7; 15.2-1512.2 (i) shall not be considered a person who becomes a member on or after July 1, 2010, and (ii) shall be deemed to have at least 60 months of creditable service as of January 1, 2013. Such resolution shall be irrevocable.C\n\nDeferred retirement for members terminating service. &#8212; Any member who terminates service after five or more years of creditable service, regardless of termination date, may retire under the provisions of subsection A, B, or D if he has not withdrawn his accumulated contributions prior to the effective date of his retirement or if he has five or more years of creditable service for which his employer has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the member being in service shall not apply.D\n\n50\/10 retirement. &#8212; Any member in service on or after January 1, 1994, who has attained his fiftieth birthday with 10 or more years of creditable service may retire prior to his normal retirement date upon written notification to the Board setting forth the date the retirement is to become effective. A person who becomes a member on or after July 1, 2010, or a member who does not have at least 60 months of creditable service as of January 1, 2013, shall not be allowed to retire pursuant to this subsection.E\n\nEffective date of retirement. &#8212; The effective date of retirement shall be after the last day of service of the member, but shall not be more than 90 days prior to the filing of the notice of retirement.F\n\nNotification on behalf of member. &#8212; If the member is physically or mentally unable to submit written notification of his intention to retire, the member&#8217;s appointing authority may submit notification on his behalf.","order_by":null,"text":{"0":{"id":305253,"text":"Normal retirement. &#8212; Any member in service at his normal retirement date with five or more years of creditable service may retire at any time upon written notification to the Board setting forth the date the retirement is to become effective. Any member in service who was denied membership prior to July 1, 1987, as a result of being age 60 or over when first employed may retire at any time after his normal retirement date and the requirement of having five or more years of service shall not apply.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305254,"text":"Early retirement. &#8212; 1. Any member in service who has attained his fifty-fifth birthday with five or more years of creditable service may retire prior to his normal retirement date upon written notification to the Board setting forth the date the retirement is to become effective.\n\t\t\tHowever, a person who becomes a member on or after July 1, 2010, or a member who does not have at least 60 months of creditable service as of January 1, 2013, under this chapter shall be allowed to retire under this subdivision prior to his normal retirement date only if the person is in service and has attained his sixtieth birthday with five or more years of creditable service, and the benefit for such person shall be calculated in accordance with the provisions of subdivision A 3 of \u00a7 51.1-155.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":305255,"text":"Subject to the provisions of subdivision 3, any state employee, teacher, or employee of a political subdivision who is a member of the retirement system may retire prior to his normal retirement date after attaining age 50 and 30 years of creditable service, upon written notification to the Board setting forth the date the retirement is to become effective. The benefit for such member shall be calculated in accordance with the provisions of subdivision A 1 of &#xA7; 51.1-155.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"3":{"id":305256,"text":"A person who becomes a member on or after July 1, 2010, or a member who does not have at least 60 months of creditable service as of January 1, 2013, as a state employee, teacher, or employee of a political subdivision may retire prior to his normal retirement date after the sum of his age and years of creditable service equals 90, upon written notification to the Board setting forth the date the retirement is to become effective. The benefit for such member shall be calculated in accordance with the provisions of subdivision A 1 of &#xA7; 51.1-155.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"4":{"id":305257,"text":"Notwithstanding the foregoing, a political subdivision by legally adopted resolution may declare to the Board that, for purposes of subdivisions B 1 and B 3 and subsection D, and subdivision A 3 of &#xA7; 51.1-155, any person who is an individual who meets the definition of &#8220;emergency medical services personnel&#8221; in &#xA7; 32.1-111.1 or who is employed as a firefighter, or law-enforcement officer as those terms are defined in &#xA7; 15.2-1512.2 (i) shall not be considered a person who becomes a member on or after July 1, 2010, and (ii) shall be deemed to have at least 60 months of creditable service as of January 1, 2013. Such resolution shall be irrevocable.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"5":{"id":305258,"text":"Deferred retirement for members terminating service. &#8212; Any member who terminates service after five or more years of creditable service, regardless of termination date, may retire under the provisions of subsection A, B, or D if he has not withdrawn his accumulated contributions prior to the effective date of his retirement or if he has five or more years of creditable service for which his employer has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the member being in service shall not apply.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"6":{"id":305259,"text":"50\/10 retirement. &#8212; Any member in service on or after January 1, 1994, who has attained his fiftieth birthday with 10 or more years of creditable service may retire prior to his normal retirement date upon written notification to the Board setting forth the date the retirement is to become effective. A person who becomes a member on or after July 1, 2010, or a member who does not have at least 60 months of creditable service as of January 1, 2013, shall not be allowed to retire pursuant to this subsection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":305260,"text":"Effective date of retirement. &#8212; The effective date of retirement shall be after the last day of service of the member, but shall not be more than 90 days prior to the filing of the notice of retirement.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":305261,"text":"Notification on behalf of member. &#8212; If the member is physically or mentally unable to submit written notification of his intention to retire, the member&#8217;s appointing authority may submit notification on his behalf.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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 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":59629,"structure_id":14048,"section_number":"51.1-152","catch_line":"Limitations on average final compensation","url":"\/51.1-152\/","token":"51.1\/1\/9\/51.1-152","metadata":false},{"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},{"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}],"previous_section":{"id":59629,"structure_id":14048,"section_number":"51.1-152","catch_line":"Limitations on average final compensation","url":"\/51.1-152\/","token":"51.1\/1\/9\/51.1-152","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-153\/","history_text":"<p>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 1966, chapter 174; in 1970, chapter 476; in 1976, chapter 429; in 1977, chapter 620; in 1982, chapter 427; in 1986, chapter 474; in 1988, chapter 222; in 1990, chapter 832; in 1995, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0152\">152<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0692\">692<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0811\">811<\/a>; in 1996, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0768\">768<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0997\">997<\/a>; in 1999, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0111\">111<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0567\">567<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0568\">568<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0569\">569<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0591\">591<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0592\">592<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0598\">598<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0599\">599<\/a>; in 2000, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0066\">66<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0657\">657<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0911\">911<\/a>; in 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0737\">737<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0738\">738<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0483\">483<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0701\">701<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0811\">811<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0823\">823<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0456\">456<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0666\">666<\/a>; in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0502\">502<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0503\">503<\/a>.<\/p>","references":[{"id":76756,"section_number":"2.2-3204","catch_line":"Retirement program","order_by":null,"url":"\/2.2-3204\/"},{"id":86067,"section_number":"51.1-128","catch_line":"Cessation of membership","order_by":null,"url":"\/51.1-128\/"},{"id":75331,"section_number":"51.1-1400","catch_line":"Health insurance credits for retired state employees","order_by":null,"url":"\/51.1-1400\/"},{"id":71866,"section_number":"51.1-1401","catch_line":"Health insurance credits for retired teachers","order_by":null,"url":"\/51.1-1401\/"},{"id":61234,"section_number":"51.1-1402","catch_line":"Health insurance credits for retired local government employees","order_by":null,"url":"\/51.1-1402\/"},{"id":84044,"section_number":"51.1-1402.1","catch_line":"Health insurance credits for retired school division employees other than teachers","order_by":null,"url":"\/51.1-1402.1\/"},{"id":54220,"section_number":"51.1-1403","catch_line":"Health insurance credits for retired constitutional officers, employees of constitutional officers, general registrars, employees of general registrars, and local social service employees","order_by":null,"url":"\/51.1-1403\/"},{"id":72358,"section_number":"51.1-155","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-155\/"},{"id":71831,"section_number":"51.1-165","catch_line":"Optional benefits","order_by":null,"url":"\/51.1-165\/"},{"id":82994,"section_number":"51.1-165.01","catch_line":"Partial lump-sum option for payment of retirement allowance","order_by":null,"url":"\/51.1-165.01\/"},{"id":83100,"section_number":"51.1-169","catch_line":"Hybrid retirement program","order_by":null,"url":"\/51.1-169\/"}],"refers_to":[{"id":85589,"section_number":"15.2-1512.2","catch_line":"Political activities of employees of localities, firefighters, emergency medical services personnel, and law-enforcement officers and certain other officers and employees","order_by":null,"url":"\/15.2-1512.2\/"},{"id":74269,"section_number":"32.1-111.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-111.1\/"},{"id":72358,"section_number":"51.1-155","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-155\/"},{"id":68249,"section_number":"51.1-155.2","catch_line":"Exceptions from general early retirement provisions for certain local government officials","order_by":null,"url":"\/51.1-155.2\/"}],"permalink":{"id":235361,"object_type":"law","relational_id":85181,"identifier":"51.1-153","token":"51.1\/1\/9\/51.1-153","url":"\/51.1-153\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-153\/","token":"51.1\/1\/9\/51.1-153","dublin_core":{"Title":"Service retirement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-153","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Normal retirement. &#8212; Any <span class=\"dictionary\">member<\/span> in service at his <span class=\"dictionary\">normal retirement date<\/span> with five or more years of <span class=\"dictionary\">creditable service<\/span> may retire at any time upon written notification to the <span class=\"dictionary\">Board<\/span> setting forth the date the retirement is to become effective. Any <span class=\"dictionary\">member<\/span> in service who was denied membership prior to July 1, 1987, as a result of being age 60 or over when first employed may retire at any time after his <span class=\"dictionary\">normal retirement date<\/span> and the requirement of having five or more years of service shall not apply. <a id=\"paragraph-305253\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Early retirement. &#8212; 1. Any <span class=\"dictionary\">member<\/span> in service who has attained his fifty-fifth birthday with five or more years of <span class=\"dictionary\">creditable service<\/span> may retire prior to his <span class=\"dictionary\">normal retirement date<\/span> upon written notification to the <span class=\"dictionary\">Board<\/span> setting forth the date the retirement is to become effective.\n\t\t\tHowever, a person who becomes a <span class=\"dictionary\">member<\/span> on or after July 1, 2010, or a <span class=\"dictionary\">member<\/span> who does not have at least 60 months of <span class=\"dictionary\">creditable service<\/span> as of January 1, 2013, under this chapter shall be allowed to retire under this subdivision prior to his <span class=\"dictionary\">normal retirement date<\/span> only if the person is in service and has attained his sixtieth birthday with five or more years of <span class=\"dictionary\">creditable service<\/span>, and the benefit for such person shall be calculated in accordance with the provisions of subdivision A 3 of \u00a7&nbsp;<a class=\"law\" title=\"Service retirement allowance\" href=\"\/51.1-155\/\">51.1-155<\/a>. <a id=\"paragraph-305254\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Subject to the provisions of subdivision 3, any <span class=\"dictionary\">state employee<\/span>, <span class=\"dictionary\">teacher<\/span>, or employee of a <span class=\"dictionary\">political subdivision<\/span> who is a <span class=\"dictionary\">member<\/span> of the <span class=\"dictionary\">retirement system<\/span> may retire prior to his <span class=\"dictionary\">normal retirement date<\/span> after attaining age 50 and 30 years of <span class=\"dictionary\">creditable service<\/span>, upon written notification to the <span class=\"dictionary\">Board<\/span> setting forth the date the retirement is to become effective. The benefit for such <span class=\"dictionary\">member<\/span> shall be calculated in accordance with the provisions of subdivision A 1 of &#xA7; <a class=\"law\" title=\"Service retirement allowance\" href=\"\/51.1-155\/\">51.1-155<\/a>. <a id=\"paragraph-305255\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> A person who becomes a <span class=\"dictionary\">member<\/span> on or after July 1, 2010, or a <span class=\"dictionary\">member<\/span> who does not have at least 60 months of <span class=\"dictionary\">creditable service<\/span> as of January 1, 2013, as a <span class=\"dictionary\">state employee<\/span>, <span class=\"dictionary\">teacher<\/span>, or employee of a <span class=\"dictionary\">political subdivision<\/span> may retire prior to his <span class=\"dictionary\">normal retirement date<\/span> after the sum of his age and years of <span class=\"dictionary\">creditable service<\/span> equals 90, upon written notification to the <span class=\"dictionary\">Board<\/span> setting forth the date the retirement is to become effective. The benefit for such <span class=\"dictionary\">member<\/span> shall be calculated in accordance with the provisions of subdivision A 1 of &#xA7; <a class=\"law\" title=\"Service retirement allowance\" href=\"\/51.1-155\/\">51.1-155<\/a>. <a id=\"paragraph-305256\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Notwithstanding the foregoing, a <span class=\"dictionary\">political subdivision<\/span> by legally adopted resolution may declare to the <span class=\"dictionary\">Board<\/span> that, for purposes of subdivisions B 1 and B 3 and subsection D, and subdivision A 3 of &#xA7; <a class=\"law\" title=\"Service retirement allowance\" href=\"\/51.1-155\/\">51.1-155<\/a>, any person who is an individual who meets the definition of &#8220;emergency medical <span class=\"dictionary\">services<\/span> personnel&#8221; in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/32.1-111.1\/\">32.1-111.1<\/a> or who is employed as a firefighter, or <span class=\"dictionary\">law<\/span>-enforcement officer as those terms are defined in &#xA7; <a class=\"law\" title=\"Political activities of employees of localities, firefighters, emergency medical services personnel, and law-enforcement officers and certain other officers and employees\" href=\"\/15.2-1512.2\/\">15.2-1512.2<\/a> (i) shall not be considered a person who becomes a <span class=\"dictionary\">member<\/span> on or after July 1, 2010, and (ii) shall be deemed to have at least 60 months of <span class=\"dictionary\">creditable service<\/span> as of January 1, 2013. Such resolution shall be irrevocable. <a id=\"paragraph-305257\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Deferred retirement for <span class=\"dictionary\">members<\/span> terminating service. &#8212; Any <span class=\"dictionary\">member<\/span> who terminates service after five or more years of <span class=\"dictionary\">creditable service<\/span>, regardless of termination date, may retire under the provisions of subsection A, B, or D if he has not withdrawn his <span class=\"dictionary\">accumulated contributions<\/span> prior to the effective date of his retirement or if he has five or more years of <span class=\"dictionary\">creditable service<\/span> for which his <span class=\"dictionary\">employer<\/span> has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the <span class=\"dictionary\">member<\/span> being in service shall not apply. <a id=\"paragraph-305258\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> 50\/10 retirement. &#8212; Any <span class=\"dictionary\">member<\/span> in service on or after January 1, 1994, who has attained his fiftieth birthday with 10 or more years of <span class=\"dictionary\">creditable service<\/span> may retire prior to his <span class=\"dictionary\">normal retirement date<\/span> upon written notification to the <span class=\"dictionary\">Board<\/span> setting forth the date the retirement is to become effective. A person who becomes a <span class=\"dictionary\">member<\/span> on or after July 1, 2010, or a <span class=\"dictionary\">member<\/span> who does not have at least 60 months of <span class=\"dictionary\">creditable service<\/span> as of January 1, 2013, shall not be allowed to retire pursuant to this subsection. <a id=\"paragraph-305259\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Effective date of retirement. &#8212; The effective date of retirement shall be after the last day of service of the <span class=\"dictionary\">member<\/span>, but shall not be more than 90 days prior to the filing of the notice of retirement. <a id=\"paragraph-305260\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Notification on behalf of <span class=\"dictionary\">member<\/span>. &#8212; If the <span class=\"dictionary\">member<\/span> is physically or mentally unable to submit written notification of his intention to retire, the <span class=\"dictionary\">member<\/span>&#8217;s appointing authority may submit notification on his behalf. <a id=\"paragraph-305261\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-153\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSERVICE RETIREMENT (\u00a7 51.1-153)\n\nA. Normal retirement. &#8212; Any member in service at his normal retirement\ndate with five or more years of creditable service may retire at any time upon\nwritten notification to the Board setting forth the date the retirement is to\nbecome effective. Any member in service who was denied membership prior to July\n1, 1987, as a result of being age 60 or over when first employed may retire at\nany time after his normal retirement date and the requirement of having five or\nmore years of service shall not apply.\n\nB. Early retirement. &#8212; 1. Any member in service who has attained his\nfifty-fifth birthday with five or more years of creditable service may retire\nprior to his normal retirement date upon written notification to the Board\nsetting forth the date the retirement is to become effective.\n\t\t\tHowever, a person who becomes a member on or after July 1, 2010, or a member\nwho does not have at least 60 months of creditable service as of January 1,\n2013, under this chapter shall be allowed to retire under this subdivision prior\nto his normal retirement date only if the person is in service and has attained\nhis sixtieth birthday with five or more years of creditable service, and the\nbenefit for such person shall be calculated in accordance with the provisions of\nsubdivision A 3 of \u00a7 51.1-155.\n\n   2. Subject to the provisions of subdivision 3, any state employee, teacher, or\n   employee of a political subdivision who is a member of the retirement system\n   may retire prior to his normal retirement date after attaining age 50 and 30\n   years of creditable service, upon written notification to the Board setting\n   forth the date the retirement is to become effective. The benefit for such\n   member shall be calculated in accordance with the provisions of subdivision A\n   1 of &#xA7; 51.1-155.\n\n   3. A person who becomes a member on or after July 1, 2010, or a member who\n   does not have at least 60 months of creditable service as of January 1, 2013,\n   as a state employee, teacher, or employee of a political subdivision may\n   retire prior to his normal retirement date after the sum of his age and years\n   of creditable service equals 90, upon written notification to the Board\n   setting forth the date the retirement is to become effective. The benefit for\n   such member shall be calculated in accordance with the provisions of\n   subdivision A 1 of &#xA7; 51.1-155.\n\n   4. Notwithstanding the foregoing, a political subdivision by legally adopted\n   resolution may declare to the Board that, for purposes of subdivisions B 1 and\n   B 3 and subsection D, and subdivision A 3 of &#xA7; 51.1-155, any person who\n   is an individual who meets the definition of &#8220;emergency medical services\n   personnel&#8221; in &#xA7; 32.1-111.1 or who is employed as a firefighter, or\n   law-enforcement officer as those terms are defined in &#xA7; 15.2-1512.2 (i)\n   shall not be considered a person who becomes a member on or after July 1,\n   2010, and (ii) shall be deemed to have at least 60 months of creditable\n   service as of January 1, 2013. Such resolution shall be irrevocable.\n\nC. Deferred retirement for members terminating service. &#8212; Any member who\nterminates service after five or more years of creditable service, regardless of\ntermination date, may retire under the provisions of subsection A, B, or D if he\nhas not withdrawn his accumulated contributions prior to the effective date of\nhis retirement or if he has five or more years of creditable service for which\nhis employer has paid the contributions and such contributions cannot be\nwithdrawn. For the purposes of this subsection, any requirements as to the\nmember being in service shall not apply.\n\nD. 50\/10 retirement. &#8212; Any member in service on or after January 1, 1994,\nwho has attained his fiftieth birthday with 10 or more years of creditable\nservice may retire prior to his normal retirement date upon written notification\nto the Board setting forth the date the retirement is to become effective. A\nperson who becomes a member on or after July 1, 2010, or a member who does not\nhave at least 60 months of creditable service as of January 1, 2013, shall not\nbe allowed to retire pursuant to this subsection.\n\nE. Effective date of retirement. &#8212; The effective date of retirement shall\nbe after the last day of service of the member, but shall not be more than 90\ndays prior to the filing of the notice of retirement.\n\nF. Notification on behalf of member. &#8212; If the member is physically or\nmentally unable to submit written notification of his intention to retire, the\nmember&#8217;s appointing authority may submit notification on his behalf.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.53; 1966, c. 174; 1970, c. 476; 1976, c. 429;\n1977, c. 620; 1982, c. 427; 1986, c. 474; 1988, c. 222; 1990, c. 832; 1995, cc.\n152, 692, 811; 1996, cc. 768, 997; 1999, cc. 111, 567, 568, 569, 591, 592, 598,\n599; 2000, cc. 66, 657, 911; 2010, cc. 737, 738; 2011, c. 483; 2012, cc. 701,\n811, 823; 2013, cc. 456, 666; 2015, cc. 502, 503.","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}}