{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-155.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-155.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-155.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-155.html"}],"law_id":72358,"edition_id":1,"section_id":72358,"structure_id":14048,"section_number":"51.1-155","catch_line":"Service retirement allowance","history":"1952, c. 157, \u00a7 51-111.55; 1956, c. 560; 1960, cc. 138, 604; 1962, c. 417; 1964, c. 223; 1966, c. 174; 1970, c. 476; 1972, cc. 118, 568; 1973, c. 523; 1974, c. 353; 1976, c. 538; 1977, c. 620; 1978, c. 841; 1980, c. 722, \u00a7 51-111.55:1; 1982, c. 467; 1984, c. 430; 1987, cc. 13, 14; 1988, c. 224; 1990, c. 832; 1991, c. 719; 1992, c. 826; 1994, 1st Sp. Sess., c. 5; 1995, cc. 152, 692, 811; 1998, cc. 407, 674, 746; 1999, c. 111; 2001, cc. 689, 700; 2002, cc. 778, 781; 2003, c. 211; 2004, c. 563; 2005, cc. 605, 606, 793; 2006, c. 513; 2010, cc. 737, 738; 2012, cc. 701, 811, 823; 2013, cc. 456, 666; 2015, cc. 502, 503; 2020, cc. 379, 437, 968, 969; 2023, cc. 690, 692, 707, 708.","full_text":"A\n\nRetirement allowance. \u2014 A member shall receive an annual retirement allowance, payable for life, as follows:1\n\nNormal retirement. — The allowance shall equal 1.70 percent of his average final compensation multiplied by the amount of his creditable service. Notwithstanding the foregoing, for a member who (i) is a person who becomes a member on or after July 1, 2010, or (ii) does not have at least 60 months of creditable service as of January 1, 2013, the allowance shall equal the sum of (a) 1.65 percent of his average final compensation multiplied by the amount of his creditable service performed or purchased on or after January 1, 2013, and (b) 1.70 percent of his average final compensation multiplied by the amount of all other creditable service.2\n\nEarly retirement; applicable to teachers, state employees, and certain others. — The allowance shall be determined in the same manner as for normal retirement with creditable service and average final compensation being determined as of the date of 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 (i) his normal retirement date or (ii) the first date on which he would have completed a total of 30 years of creditable service. The provisions of this subdivision shall apply to teachers and state employees. These provisions shall also apply to employees of any political subdivision that participates in the retirement system if the political subdivision makes the election provided in subdivision 3.3\n\nEarly retirement; applicable to employees of certain political subdivisions, any person who becomes a member on or after July 1, 2010, and any member who does not have at least 60 months of creditable service as of January 1, 2013. — The allowance shall be determined in the same manner as for normal retirement with creditable service and average final compensation being determined as of the date of actual retirement. If the creditable service of the member equals 30 or more years but the sum of his age at retirement plus his creditable service at retirement is less than 90, 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 (i) his normal retirement date or (ii) the first date on which the sum of his then attained age plus his then creditable service would have been equal to 90 or more had he remained in service until such date. If the member has less than 30 years of creditable service, the retirement allowance shall be reduced for the period by which the actual retirement date precedes the earlier of (i) his normal retirement date or (ii) the first date on which he would have completed a total of at least 30 years of creditable service and his then creditable service plus his then attained age would have been equal to 90 or more.\n\t\t\t\tThe provisions of this subdivision shall apply to the employees of any political subdivision that participates in the retirement system and any other employees as provided by law. The participating political subdivision may, however, elect to provide its employees with the early retirement allowance set forth in subdivision 2. No such election shall be made for 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. Any election pursuant to this subdivision shall be set forth in a legally adopted resolution.\n\t\t\t\tNotwithstanding the foregoing, a political subdivision by legally adopted resolution may declare to the Board that, for purposes of this subdivision, subdivisions B 1 and B 3 and subsection D of § 51.1-153, any person who meets the definition of “emergency medical services personnel” in § 32.1-111.1 or is employed as a firefighter or law-enforcement officer as those terms are defined in § 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.4\n\nAdditional allowance. — In addition to the allowance payable under subdivisions 1, 2, and 3, a member shall receive an additional allowance which shall be the actuarial equivalent, for his attained age at the time of retirement, of the excess of his accumulated contributions transferred from the abolished system to the retirement system, including interest credited at the rate of two percent compounded annually since the transfer to the date of retirement, over the annual amounts equal to four percent of his annual creditable compensation at the date of abolishment for a period equal to his period of membership in the abolished system.5\n\n50\/10 retirement. — The allowance shall be payable in a monthly stream of payments equal to the greater of (i) the actuarial equivalent of the benefit the member would have received had he terminated service and deferred retirement to age 55 or (ii) the actuarially calculated present value of the member’s accumulated contributions, including accrued interest.B\n\nBeneficiary serving in position covered by this title.1\n\nExcept as provided in subdivisions 2, 3, and 4, if a beneficiary of a service retirement allowance under this chapter or the provisions of Chapters 2 (§ 51.1-200 et seq.), 2.1 (§ 51.1-211 et seq.), or 3 (§ 51.1-300 et seq.) is at any time in service as an employee in a position covered for retirement purposes under the provisions of this or any chapter other than Chapter 6 (§ 51.1-600 et seq.), 6.1 (§ 51.1-607 et seq.), or 7 (§ 51.1-700 et seq.), his retirement allowance shall cease while so employed. Any member who retires and later returns to covered employment shall not be entitled to select a different retirement option for a subsequent retirement.2\n\nActive members of the General Assembly who are eligible to receive a retirement allowance under this title, excluding their service as a member of the General Assembly, shall be eligible to receive a retirement allowance based on their creditable service and average final compensation for service other than as a member of the General Assembly. Such members of the General Assembly shall continue to be reported as any other members of the retirement system. Upon ceasing to serve in the General Assembly, members of the General Assembly receiving a retirement allowance based on their creditable service and average final compensation for service other than as a member of the General Assembly shall have their retirement allowance recomputed prospectively to include their service as a member of the General Assembly. Active members of the General Assembly shall be prohibited from receiving a service retirement allowance under this title based solely on their service as a member of the General Assembly.3\n\n(Expires July 1, 2028) Any person receiving a service retirement allowance under this chapter, who is hired by a local public school board (i) as an instructional or administrative employee required to be licensed by the Board of Education, (ii) in a specialized student support position as that term is described in subsection O of \u00a7 22.1-253.13:2, or (iii) as a school bus driver, may elect to continue to receive the retirement allowance during such employment, under the following conditions:a\n\nThe person has a break in service of at least six calendar months between retirement and returning to work full time for a local public school board;b\n\nThe person is not receiving a retirement benefit pursuant to an early retirement incentive program from any local public school division within the Commonwealth; andc\n\nAt the time the person is employed, the position to which he is assigned is among those identified by the Superintendent of Public Instruction pursuant to subdivision 4 of § 22.1-23, by the relevant division superintendent, pursuant to § 22.1-70.3, or by the relevant local public school board, pursuant to subdivision 9 of § 22.1-79.\n\t\t\t\t\tIf the person elects to continue to receive the retirement allowance during the period of such employment, then his service performed and compensation received during such period of time will not increase, decrease, or affect in any way his retirement benefits before, during, or after such employment, nor shall such person be eligible to receive any retirement benefits available to him pursuant to Chapter 6.1 (§ 51.1-607 et seq.). In addition, the employer shall include the person’s compensation in membership payroll subject to employer contributions under § 51.1-145.4\n\n(Expires July 1, 2028) Any person receiving a service retirement allowance under this title for service as a sworn law-enforcement officer and who is employed in a local public school division as a school security officer, as defined in § 9.1-101, may elect to continue to receive the retirement allowance during such employment under the following conditions: (i) the person has a break in service of at least six calendar months between retirement for service as a sworn law-enforcement officer and employment as a school security officer; (ii) the person is not receiving a retirement benefit pursuant to an early retirement incentive program from any local public school division within the Commonwealth; (iii) the person is not receiving a retirement benefit pursuant to an early retirement incentive program from any employer, as defined in § 51.1-124.3; and (iv) the person did not participate in any incentive program established under the second or third enactment of Chapters 152 and 811 of the Acts of Assembly of 1995. If the person elects to continue to receive the retirement allowance during the period of such employment, then his service performed and compensation received during such period of time will not increase, decrease, or affect in any way his retirement benefits before, during, or after such employment, nor shall such person be eligible to receive any retirement benefits available to him pursuant to Chapter 6.1 (§ 51.1-607 et seq.). In addition, the employer shall include the person’s compensation in membership payroll subject to employer contributions under § 51.1-145.\n\t\t\t\tAt least once in each four-year period, in conjunction with the actuarial investigation made under subdivision A 4 of § 51.1-124.22, there shall be an actuarial investigation made of the experience under subdivisions B 3 and 4 of this section, and the retirement system shall submit a report to the General Assembly advising it of the results of such investigation.","order_by":null,"text":{"0":{"id":260644,"text":"Retirement allowance. \u2014 A member shall receive an annual retirement allowance, payable for life, as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":260645,"text":"Normal retirement. — The allowance shall equal 1.70 percent of his average final compensation multiplied by the amount of his creditable service. Notwithstanding the foregoing, for a member who (i) is a person who becomes a member on or after July 1, 2010, or (ii) does not have at least 60 months of creditable service as of January 1, 2013, the allowance shall equal the sum of (a) 1.65 percent of his average final compensation multiplied by the amount of his creditable service performed or purchased on or after January 1, 2013, and (b) 1.70 percent of his average final compensation multiplied by the amount of all other creditable service.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":260646,"text":"Early retirement; applicable to teachers, state employees, and certain others. — The allowance shall be determined in the same manner as for normal retirement with creditable service and average final compensation being determined as of the date of 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 (i) his normal retirement date or (ii) the first date on which he would have completed a total of 30 years of creditable service. The provisions of this subdivision shall apply to teachers and state employees. These provisions shall also apply to employees of any political subdivision that participates in the retirement system if the political subdivision makes the election provided in subdivision 3.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":260647,"text":"Early retirement; applicable to employees of certain political subdivisions, any person who becomes a member on or after July 1, 2010, and any member who does not have at least 60 months of creditable service as of January 1, 2013. — The allowance shall be determined in the same manner as for normal retirement with creditable service and average final compensation being determined as of the date of actual retirement. If the creditable service of the member equals 30 or more years but the sum of his age at retirement plus his creditable service at retirement is less than 90, 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 (i) his normal retirement date or (ii) the first date on which the sum of his then attained age plus his then creditable service would have been equal to 90 or more had he remained in service until such date. If the member has less than 30 years of creditable service, the retirement allowance shall be reduced for the period by which the actual retirement date precedes the earlier of (i) his normal retirement date or (ii) the first date on which he would have completed a total of at least 30 years of creditable service and his then creditable service plus his then attained age would have been equal to 90 or more.\n\t\t\t\tThe provisions of this subdivision shall apply to the employees of any political subdivision that participates in the retirement system and any other employees as provided by law. The participating political subdivision may, however, elect to provide its employees with the early retirement allowance set forth in subdivision 2. No such election shall be made for 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. Any election pursuant to this subdivision shall be set forth in a legally adopted resolution.\n\t\t\t\tNotwithstanding the foregoing, a political subdivision by legally adopted resolution may declare to the Board that, for purposes of this subdivision, subdivisions B 1 and B 3 and subsection D of § 51.1-153, any person who meets the definition of “emergency medical services personnel” in § 32.1-111.1 or is employed as a firefighter or law-enforcement officer as those terms are defined in § 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":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":260648,"text":"Additional allowance. — In addition to the allowance payable under subdivisions 1, 2, and 3, a member shall receive an additional allowance which shall be the actuarial equivalent, for his attained age at the time of retirement, of the excess of his accumulated contributions transferred from the abolished system to the retirement system, including interest credited at the rate of two percent compounded annually since the transfer to the date of retirement, over the annual amounts equal to four percent of his annual creditable compensation at the date of abolishment for a period equal to his period of membership in the abolished system.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":260649,"text":"50\/10 retirement. — The allowance shall be payable in a monthly stream of payments equal to the greater of (i) the actuarial equivalent of the benefit the member would have received had he terminated service and deferred retirement to age 55 or (ii) the actuarially calculated present value of the member’s accumulated contributions, including accrued interest.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":260650,"text":"Beneficiary serving in position covered by this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":260651,"text":"Except as provided in subdivisions 2, 3, and 4, if a beneficiary of a service retirement allowance under this chapter or the provisions of Chapters 2 (§ 51.1-200 et seq.), 2.1 (§ 51.1-211 et seq.), or 3 (§ 51.1-300 et seq.) is at any time in service as an employee in a position covered for retirement purposes under the provisions of this or any chapter other than Chapter 6 (§ 51.1-600 et seq.), 6.1 (§ 51.1-607 et seq.), or 7 (§ 51.1-700 et seq.), his retirement allowance shall cease while so employed. Any member who retires and later returns to covered employment shall not be entitled to select a different retirement option for a subsequent retirement.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":260652,"text":"Active members of the General Assembly who are eligible to receive a retirement allowance under this title, excluding their service as a member of the General Assembly, shall be eligible to receive a retirement allowance based on their creditable service and average final compensation for service other than as a member of the General Assembly. Such members of the General Assembly shall continue to be reported as any other members of the retirement system. Upon ceasing to serve in the General Assembly, members of the General Assembly receiving a retirement allowance based on their creditable service and average final compensation for service other than as a member of the General Assembly shall have their retirement allowance recomputed prospectively to include their service as a member of the General Assembly. Active members of the General Assembly shall be prohibited from receiving a service retirement allowance under this title based solely on their service as a member of the General Assembly.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"9":{"id":260653,"text":"(Expires July 1, 2028) Any person receiving a service retirement allowance under this chapter, who is hired by a local public school board (i) as an instructional or administrative employee required to be licensed by the Board of Education, (ii) in a specialized student support position as that term is described in subsection O of \u00a7 22.1-253.13:2, or (iii) as a school bus driver, may elect to continue to receive the retirement allowance during such employment, under the following conditions:","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B3a"},"10":{"id":260654,"text":"The person has a break in service of at least six calendar months between retirement and returning to work full time for a local public school board;","type":"section","prefixes":["B","3","a"],"prefix":"a","entire_prefix":"B3a","prefix_anchor":"B3a","level":3,"prior_prefix":"B3","next_prefix":"B3b"},"11":{"id":260655,"text":"The person is not receiving a retirement benefit pursuant to an early retirement incentive program from any local public school division within the Commonwealth; and","type":"section","prefixes":["B","3","b"],"prefix":"b","entire_prefix":"B3b","prefix_anchor":"B3b","level":3,"prior_prefix":"B3a","next_prefix":"B3c"},"12":{"id":260656,"text":"At the time the person is employed, the position to which he is assigned is among those identified by the Superintendent of Public Instruction pursuant to subdivision 4 of § 22.1-23, by the relevant division superintendent, pursuant to § 22.1-70.3, or by the relevant local public school board, pursuant to subdivision 9 of § 22.1-79.\n\t\t\t\t\tIf the person elects to continue to receive the retirement allowance during the period of such employment, then his service performed and compensation received during such period of time will not increase, decrease, or affect in any way his retirement benefits before, during, or after such employment, nor shall such person be eligible to receive any retirement benefits available to him pursuant to Chapter 6.1 (§ 51.1-607 et seq.). In addition, the employer shall include the person’s compensation in membership payroll subject to employer contributions under § 51.1-145.","type":"section","prefixes":["B","3","c"],"prefix":"c","entire_prefix":"B3c","prefix_anchor":"B3c","level":3,"prior_prefix":"B3b","next_prefix":"B4"},"13":{"id":260657,"text":"(Expires July 1, 2028) Any person receiving a service retirement allowance under this title for service as a sworn law-enforcement officer and who is employed in a local public school division as a school security officer, as defined in § 9.1-101, may elect to continue to receive the retirement allowance during such employment under the following conditions: (i) the person has a break in service of at least six calendar months between retirement for service as a sworn law-enforcement officer and employment as a school security officer; (ii) the person is not receiving a retirement benefit pursuant to an early retirement incentive program from any local public school division within the Commonwealth; (iii) the person is not receiving a retirement benefit pursuant to an early retirement incentive program from any employer, as defined in § 51.1-124.3; and (iv) the person did not participate in any incentive program established under the second or third enactment of Chapters 152 and 811 of the Acts of Assembly of 1995. If the person elects to continue to receive the retirement allowance during the period of such employment, then his service performed and compensation received during such period of time will not increase, decrease, or affect in any way his retirement benefits before, during, or after such employment, nor shall such person be eligible to receive any retirement benefits available to him pursuant to Chapter 6.1 (§ 51.1-607 et seq.). In addition, the employer shall include the person’s compensation in membership payroll subject to employer contributions under § 51.1-145.\n\t\t\t\tAt least once in each four-year period, in conjunction with the actuarial investigation made under subdivision A 4 of § 51.1-124.22, there shall be an actuarial investigation made of the experience under subdivisions B 3 and 4 of this section, and the retirement system shall submit a report to the General Assembly advising it of the results of such investigation.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3c"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-155\/","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 35 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 1956, chapter 560; in 1960, chapters 138 and 604; in 1962, chapter 417; in 1964, chapter 223; in 1966, chapter 174; in 1970, chapter 476; in 1972, chapters 118 and 568; in 1973, chapter 523; in 1974, chapter 353; in 1976, chapter 538; in 1977, chapter 620; in 1978, chapter 841; in 1980, chapter 722; in 1982, chapter 467; in 1984, chapter 430; in 1987, chapters 13 and 14; in 1988, chapter 224; in 1990, chapter 832; in 1991, chapter 719; in 1992, chapter 826; in 1995, chapters 152<\/a>, 692<\/a>, and 811<\/a>; in 1998, chapters 407<\/a>, 674<\/a>, and 746<\/a>; in 1999, chapter 111<\/a>; in 2001, chapters 689<\/a> and 700<\/a>; in 2002, chapters 778<\/a> and 781<\/a>; in 2003, chapter 211<\/a>; in 2004, chapter 563<\/a>; in 2005, chapters 605<\/a>, 606<\/a>, and 793<\/a>; in 2006, chapter 513<\/a>; in 2010, chapters 737<\/a> and 738<\/a>; in 2012, chapters 701<\/a>, 811<\/a>, and 823<\/a>; in 2013, chapters 456<\/a> and 666<\/a>; in 2015, chapters 502<\/a> and 503<\/a>; in 2020, chapters 379<\/a>, 437<\/a>, 968<\/a>, and 969<\/a>; in 2023, chapters 690<\/a>, 692<\/a>, 707<\/a>, and 708<\/a>.<\/p>","references":[{"id":76756,"section_number":"2.2-3204","catch_line":"Retirement program","order_by":null,"url":"\/2.2-3204\/"},{"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":70111,"section_number":"51.1-126.5","catch_line":"Defined contribution plan for eligible members","order_by":null,"url":"\/51.1-126.5\/"},{"id":72480,"section_number":"51.1-130","catch_line":"Resolution of governing body; approval by Board","order_by":null,"url":"\/51.1-130\/"},{"id":85181,"section_number":"51.1-153","catch_line":"Service retirement","order_by":null,"url":"\/51.1-153\/"},{"id":61992,"section_number":"51.1-155.1","catch_line":"Exceptions from general early retirement provisions for certain state employees and constitutional officers","order_by":null,"url":"\/51.1-155.1\/"},{"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\/"},{"id":68148,"section_number":"51.1-162","catch_line":"Death before retirement","order_by":null,"url":"\/51.1-162\/"},{"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\/"},{"id":81012,"section_number":"51.1-217","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-217\/"},{"id":75493,"section_number":"9.1-116","catch_line":"Exemptions of certain persons from certain training requirements","order_by":null,"url":"\/9.1-116\/"}],"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":85053,"section_number":"22.1-23","catch_line":"Duties in general","order_by":null,"url":"\/22.1-23\/"},{"id":69198,"section_number":"22.1-253.13:2","catch_line":"(Effective July 1, 2026) Standard 2. Instructional, administrative, and support personnel","order_by":null,"url":"\/22.1-253.13_2\/"},{"id":68151,"section_number":"22.1-70.3","catch_line":"(Expires July 1, 2028) Designation of teacher shortage areas","order_by":null,"url":"\/22.1-70.3\/"},{"id":54343,"section_number":"22.1-79","catch_line":"Powers and duties","order_by":null,"url":"\/22.1-79\/"},{"id":74269,"section_number":"32.1-111.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-111.1\/"},{"id":78683,"section_number":"51.1-124.22","catch_line":"Board to administer Retirement System; powers and duties","order_by":null,"url":"\/51.1-124.22\/"},{"id":70634,"section_number":"51.1-124.3","catch_line":"Definitions","order_by":null,"url":"\/51.1-124.3\/"},{"id":62951,"section_number":"51.1-145","catch_line":"Employer contributions","order_by":null,"url":"\/51.1-145\/"},{"id":85181,"section_number":"51.1-153","catch_line":"Service retirement","order_by":null,"url":"\/51.1-153\/"},{"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":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":73479,"section_number":"51.1-300","catch_line":"Judicial Retirement System continued; administration; application of provisions of Virginia Retirement System","order_by":null,"url":"\/51.1-300\/"},{"id":68128,"section_number":"51.1-600","catch_line":"Definitions","order_by":null,"url":"\/51.1-600\/"},{"id":84500,"section_number":"51.1-607","catch_line":"Definitions","order_by":null,"url":"\/51.1-607\/"},{"id":62567,"section_number":"51.1-700","catch_line":"Definitions","order_by":null,"url":"\/51.1-700\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":235369,"object_type":"law","relational_id":72358,"identifier":"51.1-155","token":"51.1\/1\/9\/51.1-155","url":"\/51.1-155\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-155\/","token":"51.1\/1\/9\/51.1-155","dublin_core":{"Title":"Service retirement allowance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-155","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Retirement allowance<\/span>. \u2014 A member<\/span> shall receive an annual retirement allowance<\/span>, payable for life, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Normal retirement. — The allowance shall equal 1.70 percent of his average final compensation<\/span> multiplied by the amount of his creditable service<\/span>. Notwithstanding the foregoing, for a member<\/span> who (i) is a person who becomes a member<\/span> on or after July 1, 2010, or (ii) does not have at least 60 months of creditable service<\/span> as of January 1, 2013, the allowance shall equal the sum of (a) 1.65 percent of his average final compensation<\/span> multiplied by the amount of his creditable service<\/span> performed or purchased on or after January 1, 2013, and (b) 1.70 percent of his average final compensation<\/span> multiplied by the amount of all other creditable service<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Early retirement; applicable to teachers<\/span>, state employees<\/span>, and certain others. — The allowance shall be determined in the same manner as for normal retirement with creditable service<\/span> and average final compensation<\/span> being determined as of the date of 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 (i) his normal retirement date<\/span> or (ii) the first date on which he would have completed a total of 30 years of creditable service<\/span>. The provisions of this subdivision shall apply to teachers<\/span> and state employees<\/span>. These provisions shall also apply to employees of any political subdivision<\/span> that participates in the retirement system<\/span> if the political subdivision<\/span> makes the election provided in subdivision 3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Early retirement; applicable to employees of certain political subdivisions<\/span>, any person who becomes a member<\/span> on or after July 1, 2010, and any member<\/span> who does not have at least 60 months of creditable service<\/span> as of January 1, 2013. — The allowance shall be determined in the same manner as for normal retirement with creditable service<\/span> and average final compensation<\/span> being determined as of the date of actual retirement. If the creditable service<\/span> of the member<\/span> equals 30 or more years but the sum of his age at retirement plus his creditable service<\/span> at retirement is less than 90, 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 (i) his normal retirement date<\/span> or (ii) the first date on which the sum of his then attained age plus his then creditable service<\/span> would have been equal to 90 or more had he remained in service until such date. If the member<\/span> has less than 30 years of creditable service<\/span>, the retirement allowance<\/span> shall be reduced for the period by which the actual retirement date precedes the earlier of (i) his normal retirement date<\/span> or (ii) the first date on which he would have completed a total of at least 30 years of creditable service<\/span> and his then creditable service<\/span> plus his then attained age would have been equal to 90 or more.\n\t\t\t\tThe provisions of this subdivision shall apply to the employees of any political subdivision<\/span> that participates in the retirement system<\/span> and any other employees as provided by law<\/span>. The participating political subdivision<\/span> may, however, elect to provide its employees with the early retirement allowance<\/span> set forth in subdivision 2. No such election shall be made for a person who becomes a member<\/span> on or after July 1, 2010, or a member<\/span> who does not have at least 60 months of creditable service<\/span> as of January 1, 2013. Any election pursuant to this subdivision shall be set forth in a legally adopted resolution.\n\t\t\t\tNotwithstanding the foregoing, a political subdivision<\/span> by legally adopted resolution may declare to the Board<\/span> that, for purposes of this subdivision, subdivisions B 1 and B 3 and subsection D of § 51.1-153<\/a>, any person who meets the definition of “emergency medical services<\/span> personnel” in § 32.1-111.1<\/a> or is employed as a firefighter or law<\/span>-enforcement officer as those terms are defined in § 15.2-1512.2<\/a> (i) shall not be considered a person who becomes a member<\/span> on or after July 1, 2010, and (ii) shall be deemed to have at least 60 months of creditable service<\/span> as of January 1, 2013. Such resolution shall be irrevocable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Additional allowance. — In addition to the allowance payable under subdivisions 1, 2, and 3, a member<\/span> shall receive an additional allowance which shall be the actuarial equivalent<\/span>, for his attained age at the time of retirement, of the excess of his accumulated contributions<\/span> transferred from the abolished system<\/span> to the retirement system<\/span>, including interest credited at the rate of two percent compounded annually since the transfer to the date of retirement, over the annual amounts equal to four percent of his annual creditable compensation<\/span> at the date of abolishment for a period equal to his period of membership in the abolished system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 50\/10 retirement. — The allowance shall be payable in a monthly stream of payments equal to the greater of (i) the actuarial equivalent<\/span> of the benefit the member<\/span> would have received had he terminated service and deferred retirement to age 55 or (ii) the actuarially calculated present value of the member<\/span>’s accumulated contributions<\/span>, including accrued interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Beneficiary<\/span> serving in position covered by this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Except as provided in subdivisions 2, 3, and 4, if a beneficiary<\/span> of a service retirement allowance<\/span> under this chapter or the provisions of Chapters 2 (§ 51.1-200<\/a> et seq.), 2.1 (§ 51.1-211<\/a> et seq.), or 3 (§ 51.1-300<\/a> et seq.) is at any time in service as an employee<\/span> in a position covered for retirement purposes under the provisions of this or any chapter other than Chapter 6 (§ 51.1-600<\/a> et seq.), 6.1 (§ 51.1-607<\/a> et seq.), or 7 (§ 51.1-700<\/a> et seq.), his retirement allowance<\/span> shall cease while so employed. Any member<\/span> who retires and later returns to covered employment shall not be entitled to select a different retirement option for a subsequent retirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Active members<\/span> of the General Assembly who are eligible to receive a retirement allowance<\/span> under this title, excluding their service as a member<\/span> of the General Assembly, shall be eligible to receive a retirement allowance<\/span> based on their creditable service<\/span> and average final compensation<\/span> for service other than as a member<\/span> of the General Assembly. Such members<\/span> of the General Assembly shall continue to be reported as any other members<\/span> of the retirement system<\/span>. Upon ceasing to serve in the General Assembly, members<\/span> of the General Assembly receiving a retirement allowance<\/span> based on their creditable service<\/span> and average final compensation<\/span> for service other than as a member<\/span> of the General Assembly shall have their retirement allowance<\/span> recomputed prospectively to include their service as a member<\/span> of the General Assembly. Active members<\/span> of the General Assembly shall be prohibited from receiving a service retirement allowance<\/span> under this title based solely on their service as a member<\/span> of the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> (Expires July 1, 2028) Any person receiving a service retirement allowance<\/span> under this chapter, who is hired by a local public school board<\/span> (i) as an instructional or administrative employee<\/span> required to be licensed by the Board<\/span> of Education, (ii) in a specialized student support position as that term is described in subsection O of \u00a7 22.1-253.13:2<\/a>, or (iii) as a school bus driver, may elect to continue to receive the retirement allowance<\/span> during such employment, under the following conditions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> The person has a break in service of at least six calendar months between retirement and returning to work full time for a local public school board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The person is not receiving a retirement benefit pursuant to an early retirement incentive program from any local public school division within the Commonwealth; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> At the time the person is employed, the position to which he is assigned is among those identified by the Superintendent of Public Instruction pursuant to subdivision 4 of § 22.1-23<\/a>, by the relevant division superintendent, pursuant to § 22.1-70.3<\/a>, or by the relevant local public school board<\/span>, pursuant to subdivision 9 of § 22.1-79<\/a>.\n\t\t\t\t\tIf the person elects to continue to receive the retirement allowance<\/span> during the period of such employment, then his service performed and compensation received during such period of time will not increase, decrease, or affect in any way his retirement benefits before, during, or after such employment, nor shall such person be eligible to receive any retirement benefits available to him pursuant to Chapter 6.1 (§ 51.1-607<\/a> et seq.). In addition, the employer<\/span> shall include the person’s compensation in membership payroll subject to employer<\/span> contributions under § 51.1-145<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> (Expires July 1, 2028) Any person receiving a service retirement allowance<\/span> under this title for service as a sworn law<\/span>-enforcement officer and who is employed in a local public school division as a school security officer, as defined in § 9.1-101<\/a>, may elect to continue to receive the retirement allowance<\/span> during such employment under the following conditions: (i) the person has a break in service of at least six calendar months between retirement for service as a sworn law<\/span>-enforcement officer and employment as a school security officer; (ii) the person is not receiving a retirement benefit pursuant to an early retirement incentive program from any local public school division within the Commonwealth; (iii) the person is not receiving a retirement benefit pursuant to an early retirement incentive program from any employer<\/span>, as defined in § 51.1-124.3<\/a>; and (iv) the person did not participate in any incentive program established under the second or third enactment of Chapters 152 and 811 of the Acts of Assembly of 1995. If the person elects to continue to receive the retirement allowance<\/span> during the period of such employment, then his service performed and compensation received during such period of time will not increase, decrease, or affect in any way his retirement benefits before, during, or after such employment, nor shall such person be eligible to receive any retirement benefits available to him pursuant to Chapter 6.1 (§ 51.1-607<\/a> et seq.). In addition, the employer<\/span> shall include the person’s compensation in membership payroll subject to employer<\/span> contributions under § 51.1-145<\/a>.\n\t\t\t\tAt least once in each four-year period, in conjunction with the actuarial investigation made under subdivision A 4 of § 51.1-124.22<\/a>, there shall be an actuarial investigation made of the experience under subdivisions B 3 and 4 of this section, and the retirement system<\/span> shall submit a report to the General Assembly advising it of the results of such investigation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICE RETIREMENT ALLOWANCE (\u00a7 51.1-155)\n\nA. Retirement allowance. \u2014 A member shall receive an annual retirement\nallowance, payable for life, as follows:\n\n 1. Normal retirement. — The allowance shall equal 1.70 percent of his\n average final compensation multiplied by the amount of his creditable service.\n Notwithstanding the foregoing, for a member who (i) is a person who becomes a\n member on or after July 1, 2010, or (ii) does not have at least 60 months of\n creditable service as of January 1, 2013, the allowance shall equal the sum of\n (a) 1.65 percent of his average final compensation multiplied by the amount of\n his creditable service performed or purchased on or after January 1, 2013, and\n (b) 1.70 percent of his average final compensation multiplied by the amount of\n all other creditable service.\n\n 2. Early retirement; applicable to teachers, state employees, and certain\n others. — The allowance shall be determined in the same manner as for\n normal retirement with creditable service and average final compensation being\n determined as of the date of actual retirement. If the member has less than 30\n years of service at retirement, the amount of the retirement allowance shall\n be reduced on an actuarial equivalent basis for the period by which the actual\n retirement date precedes the earlier of (i) his normal retirement date or (ii)\n the first date on which he would have completed a total of 30 years of\n creditable service. The provisions of this subdivision shall apply to teachers\n and state employees. These provisions shall also apply to employees of any\n political subdivision that participates in the retirement system if the\n political subdivision makes the election provided in subdivision 3.\n\n 3. Early retirement; applicable to employees of certain political\n subdivisions, any person who becomes a member on or after July 1, 2010, and\n any member who does not have at least 60 months of creditable service as of\n January 1, 2013. — The allowance shall be determined in the same manner\n as for normal retirement with creditable service and average final\n compensation being determined as of the date of actual retirement. If the\n creditable service of the member equals 30 or more years but the sum of his\n age at retirement plus his creditable service at retirement is less than 90,\n the amount of the retirement allowance shall be reduced on an actuarial\n equivalent basis for the period by which the actual retirement date precedes\n the earlier of (i) his normal retirement date or (ii) the first date on which\n the sum of his then attained age plus his then creditable service would have\n been equal to 90 or more had he remained in service until such date. If the\n member has less than 30 years of creditable service, the retirement allowance\n shall be reduced for the period by which the actual retirement date precedes\n the earlier of (i) his normal retirement date or (ii) the first date on which\n he would have completed a total of at least 30 years of creditable service and\n his then creditable service plus his then attained age would have been equal\n to 90 or more.\n \t\t\t\tThe provisions of this subdivision shall apply to the employees of any\n political subdivision that participates in the retirement system and any other\n employees as provided by law. The participating political subdivision may,\n however, elect to provide its employees with the early retirement allowance\n set forth in subdivision 2. No such election shall be made for a person who\n becomes a member on or after July 1, 2010, or a member who does not have at\n least 60 months of creditable service as of January 1, 2013. Any election\n pursuant to this subdivision shall be set forth in a legally adopted\n resolution.\n \t\t\t\tNotwithstanding the foregoing, a political subdivision by legally adopted\n resolution may declare to the Board that, for purposes of this subdivision,\n subdivisions B 1 and B 3 and subsection D of § 51.1-153, any person who\n meets the definition of “emergency medical services personnel” in\n § 32.1-111.1 or is employed as a firefighter or law-enforcement officer\n as those terms are defined in § 15.2-1512.2 (i) shall not be considered a\n person who becomes a member on or after July 1, 2010, and (ii) shall be deemed\n to have at least 60 months of creditable service as of January 1, 2013. Such\n resolution shall be irrevocable.\n\n 4. Additional allowance. — In addition to the allowance payable under\n subdivisions 1, 2, and 3, a member shall receive an additional allowance which\n shall be the actuarial equivalent, for his attained age at the time of\n retirement, of the excess of his accumulated contributions transferred from\n the abolished system to the retirement system, including interest credited at\n the rate of two percent compounded annually since the transfer to the date of\n retirement, over the annual amounts equal to four percent of his annual\n creditable compensation at the date of abolishment for a period equal to his\n period of membership in the abolished system.\n\n 5. 50\/10 retirement. — The allowance shall be payable in a monthly\n stream of payments equal to the greater of (i) the actuarial equivalent of the\n benefit the member would have received had he terminated service and deferred\n retirement to age 55 or (ii) the actuarially calculated present value of the\n member’s accumulated contributions, including accrued interest.\n\nB. Beneficiary serving in position covered by this title.\n\n 1. Except as provided in subdivisions 2, 3, and 4, if a beneficiary of a\n service retirement allowance under this chapter or the provisions of Chapters\n 2 (§ 51.1-200 et seq.), 2.1 (§ 51.1-211 et seq.), or 3 (§\n 51.1-300 et seq.) is at any time in service as an employee in a position\n covered for retirement purposes under the provisions of this or any chapter\n other than Chapter 6 (§ 51.1-600 et seq.), 6.1 (§ 51.1-607 et seq.),\n or 7 (§ 51.1-700 et seq.), his retirement allowance shall cease while so\n employed. Any member who retires and later returns to covered employment shall\n not be entitled to select a different retirement option for a subsequent\n retirement.\n\n 2. Active members of the General Assembly who are eligible to receive a\n retirement allowance under this title, excluding their service as a member of\n the General Assembly, shall be eligible to receive a retirement allowance\n based on their creditable service and average final compensation for service\n other than as a member of the General Assembly. Such members of the General\n Assembly shall continue to be reported as any other members of the retirement\n system. Upon ceasing to serve in the General Assembly, members of the General\n Assembly receiving a retirement allowance based on their creditable service\n and average final compensation for service other than as a member of the\n General Assembly shall have their retirement allowance recomputed\n prospectively to include their service as a member of the General Assembly.\n Active members of the General Assembly shall be prohibited from receiving a\n service retirement allowance under this title based solely on their service as\n a member of the General Assembly.\n\n 3. (Expires July 1, 2028) Any person receiving a service retirement allowance\n under this chapter, who is hired by a local public school board (i) as an\n instructional or administrative employee required to be licensed by the Board\n of Education, (ii) in a specialized student support position as that term is\n described in subsection O of \u00a7 22.1-253.13:2, or (iii) as a school bus\n driver, may elect to continue to receive the retirement allowance during such\n employment, under the following conditions:\n\n a. The person has a break in service of at least six calendar months between\n retirement and returning to work full time for a local public school board;\n\n b. The person is not receiving a retirement benefit pursuant to an early\n retirement incentive program from any local public school division within\n the Commonwealth; and\n\n c. At the time the person is employed, the position to which he is assigned\n is among those identified by the Superintendent of Public Instruction\n pursuant to subdivision 4 of § 22.1-23, by the relevant division\n superintendent, pursuant to § 22.1-70.3, or by the relevant local\n public school board, pursuant to subdivision 9 of § 22.1-79.\n \t\t\t\t\tIf the person elects to continue to receive the retirement allowance\n during the period of such employment, then his service performed and\n compensation received during such period of time will not increase,\n decrease, or affect in any way his retirement benefits before, during, or\n after such employment, nor shall such person be eligible to receive any\n retirement benefits available to him pursuant to Chapter 6.1 (§\n 51.1-607 et seq.). In addition, the employer shall include the\n person’s compensation in membership payroll subject to employer\n contributions under § 51.1-145.\n\n 4. (Expires July 1, 2028) Any person receiving a service retirement allowance\n under this title for service as a sworn law-enforcement officer and who is\n employed in a local public school division as a school security officer, as\n defined in § 9.1-101, may elect to continue to receive the retirement\n allowance during such employment under the following conditions: (i) the\n person has a break in service of at least six calendar months between\n retirement for service as a sworn law-enforcement officer and employment as a\n school security officer; (ii) the person is not receiving a retirement benefit\n pursuant to an early retirement incentive program from any local public school\n division within the Commonwealth; (iii) the person is not receiving a\n retirement benefit pursuant to an early retirement incentive program from any\n employer, as defined in § 51.1-124.3; and (iv) the person did not\n participate in any incentive program established under the second or third\n enactment of Chapters 152 and 811 of the Acts of Assembly of 1995. If the\n person elects to continue to receive the retirement allowance during the\n period of such employment, then his service performed and compensation\n received during such period of time will not increase, decrease, or affect in\n any way his retirement benefits before, during, or after such employment, nor\n shall such person be eligible to receive any retirement benefits available to\n him pursuant to Chapter 6.1 (§ 51.1-607 et seq.). In addition, the\n employer shall include the person’s compensation in membership payroll\n subject to employer contributions under § 51.1-145.\n \t\t\t\tAt least once in each four-year period, in conjunction with the actuarial\n investigation made under subdivision A 4 of § 51.1-124.22, there shall be\n an actuarial investigation made of the experience under subdivisions B 3 and 4\n of this section, and the retirement system shall submit a report to the\n General Assembly advising it of the results of such investigation.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.55; 1956, c. 560; 1960, cc. 138, 604; 1962, c.\n417; 1964, c. 223; 1966, c. 174; 1970, c. 476; 1972, cc. 118, 568; 1973, c. 523;\n1974, c. 353; 1976, c. 538; 1977, c. 620; 1978, c. 841; 1980, c. 722, \u00a7\n51-111.55:1; 1982, c. 467; 1984, c. 430; 1987, cc. 13, 14; 1988, c. 224; 1990,\nc. 832; 1991, c. 719; 1992, c. 826; 1994, 1st Sp. Sess., c. 5; 1995, cc. 152,\n692, 811; 1998, cc. 407, 674, 746; 1999, c. 111; 2001, cc. 689, 700; 2002, cc.\n778, 781; 2003, c. 211; 2004, c. 563; 2005, cc. 605, 606, 793; 2006, c. 513;\n2010, cc. 737, 738; 2012, cc. 701, 811, 823; 2013, cc. 456, 666; 2015, cc. 502,\n503; 2020, cc. 379, 437, 968, 969; 2023, cc. 690, 692, 707, 708.","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}}