{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-156.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-156.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-156.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-156.html"}],"law_id":55144,"edition_id":1,"section_id":55144,"structure_id":14048,"section_number":"51.1-156","catch_line":"Disability retirement","history":"1952, c. 157, \u00a7 51-111.56; 1960, c. 604; 1964, c. 186; 1966, c. 174; 1973, c. 523; 1982, c. 427; 1986, c. 474; 1988, c. 724; 1990, c. 832; 1992, c. 811; 1995, c. 307; 2009, c. 362.","full_text":"A\n\nAny member in service or within ninety days after termination of service who has not withdrawn his accumulated contributions as provided for in § 51.1-128 may retire for disability not compensable under the Virginia Workers’ Compensation Act (§ 65.2-100 et seq.) upon written notification to the Board setting forth the date the retirement is to become effective.B\n\nAny member in service or within ninety days after termination of service may retire for disability from a cause compensable under the Virginia Workers’ Compensation Act upon written notification to the Board setting forth the date the retirement is to become effective.C\n\nIf no compensation is finally awarded under the Virginia Workers’ Compensation Act, due to legal proceedings or otherwise resulting in settlement from the persons causing the disability, the Virginia Workers’ Compensation Commission shall determine whether the member’s disability is from a cause compensable under the Virginia Workers’ Compensation Act.D\n\nThe effective date of retirement shall be after the member’s last day of service but shall not be more than ninety days prior to the filing of the notice of retirement. The Board may waive the ninety-day requirement upon a showing of good cause.E\n\nAfter a medical examination of the member or after reviewing pertinent medical records, the Medical Board shall certify that (i) the member is and has been continuously since the effective date of retirement if prior to filing of the notification, mentally or physically incapacitated for the further performance of duty, (ii) the incapacity is likely to be permanent, and (iii) the member should be retired. A member shall not be retired for disability for any condition which existed at the time of becoming a member unless medical evidence, convincing to the Board, supports the fact that the pre-existing condition has worsened substantially.F\n\nIn the event the member is physically or mentally unable to submit written notification of his intention to retire, the member’s appointing authority may submit notification on his behalf.G\n\nAny member who has been on leave of absence without pay for a period exceeding twenty-four months shall not be entitled to retire under the provisions of this section. This subsection shall not apply to any member who is disabled while on leave without pay while performing active duty military service in the armed forces of the United States.H\n\nFor good cause shown, the Board may waive the ninety-day notification periods set forth in subsections A and B. For purposes of this section, good cause shall exist and the Board shall waive such ninety-day notification periods if (i) the member would otherwise qualify for disability retirement but for failing to comply with the requirements of subsection A or B and (ii) the Medical Board, acting solely in its own discretion after reviewing objective medical evidence of the disability and its cause, certifies that: (a) the disability and its cause existed on the date the member’s employment was terminated, (b) the member had no knowledge of the existence of the disability and its cause at any time within ninety days after the date the member’s employment was terminated, and (c) the member could not, with reasonable inquiry, have ascertained the existence of the disability and its cause within ninety days after the date the member’s employment was terminated.","order_by":null,"text":{"0":{"id":202163,"text":"Any member in service or within ninety days after termination of service who has not withdrawn his accumulated contributions as provided for in § 51.1-128 may retire for disability not compensable under the Virginia Workers’ Compensation Act (§ 65.2-100 et seq.) upon written notification to the Board setting forth the date the retirement is to become effective.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":202164,"text":"Any member in service or within ninety days after termination of service may retire for disability from a cause compensable under the Virginia Workers’ Compensation Act upon written notification to the Board setting forth the date the retirement is to become effective.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":202165,"text":"If no compensation is finally awarded under the Virginia Workers’ Compensation Act, due to legal proceedings or otherwise resulting in settlement from the persons causing the disability, the Virginia Workers’ Compensation Commission shall determine whether the member’s disability is from a cause compensable under the Virginia Workers’ Compensation Act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":202166,"text":"The effective date of retirement shall be after the member’s last day of service but shall not be more than ninety days prior to the filing of the notice of retirement. The Board may waive the ninety-day requirement upon a showing of good cause.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":202167,"text":"After a medical examination of the member or after reviewing pertinent medical records, the Medical Board shall certify that (i) the member is and has been continuously since the effective date of retirement if prior to filing of the notification, mentally or physically incapacitated for the further performance of duty, (ii) the incapacity is likely to be permanent, and (iii) the member should be retired. A member shall not be retired for disability for any condition which existed at the time of becoming a member unless medical evidence, convincing to the Board, supports the fact that the pre-existing condition has worsened substantially.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":202168,"text":"In the event the member is physically or mentally unable to submit written notification of his intention to retire, the member’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","next_prefix":"G"},"6":{"id":202169,"text":"Any member who has been on leave of absence without pay for a period exceeding twenty-four months shall not be entitled to retire under the provisions of this section. This subsection shall not apply to any member who is disabled while on leave without pay while performing active duty military service in the armed forces of the United States.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":202170,"text":"For good cause shown, the Board may waive the ninety-day notification periods set forth in subsections A and B. For purposes of this section, good cause shall exist and the Board shall waive such ninety-day notification periods if (i) the member would otherwise qualify for disability retirement but for failing to comply with the requirements of subsection A or B and (ii) the Medical Board, acting solely in its own discretion after reviewing objective medical evidence of the disability and its cause, certifies that: (a) the disability and its cause existed on the date the member’s employment was terminated, (b) the member had no knowledge of the existence of the disability and its cause at any time within ninety days after the date the member’s employment was terminated, and (c) the member could not, with reasonable inquiry, have ascertained the existence of the disability and its cause within ninety days after the date the member’s employment was terminated.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-156\/","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 11 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 1960, chapter 604; in 1964, chapter 186; in 1966, chapter 174; in 1973, chapter 523; in 1982, chapter 427; in 1986, chapter 474; in 1988, chapter 724; in 1990, chapter 832; in 1992, chapter 811; in 1995, chapter 307<\/a>; in 2009, chapter 362<\/a>.<\/p>","references":[{"id":76756,"section_number":"2.2-3204","catch_line":"Retirement program","order_by":null,"url":"\/2.2-3204\/"},{"id":58048,"section_number":"51.1-1153","catch_line":"Participation in the program","order_by":null,"url":"\/51.1-1153\/"},{"id":60634,"section_number":"51.1-138","catch_line":"Benefits","order_by":null,"url":"\/51.1-138\/"},{"id":75331,"section_number":"51.1-1400","catch_line":"Health insurance credits for retired state employees","order_by":null,"url":"\/51.1-1400\/"},{"id":67495,"section_number":"51.1-209","catch_line":"Disability as the result of felonious misconduct of another","order_by":null,"url":"\/51.1-209\/"},{"id":63242,"section_number":"51.1-210","catch_line":"Disability benefit","order_by":null,"url":"\/51.1-210\/"},{"id":79980,"section_number":"51.1-220","catch_line":"Disability benefit","order_by":null,"url":"\/51.1-220\/"}],"refers_to":[{"id":86067,"section_number":"51.1-128","catch_line":"Cessation of membership","order_by":null,"url":"\/51.1-128\/"},{"id":67999,"section_number":"65.2-100","catch_line":"Short title","order_by":null,"url":"\/65.2-100\/"}],"permalink":{"id":235381,"object_type":"law","relational_id":55144,"identifier":"51.1-156","token":"51.1\/1\/9\/51.1-156","url":"\/51.1-156\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-156\/","token":"51.1\/1\/9\/51.1-156","dublin_core":{"Title":"Disability retirement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-156","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any member<\/span> in service<\/span> or within ninety days after termination of service<\/span> who has not withdrawn his accumulated contributions<\/span> as provided for in § 51.1-128<\/a> may retire for disability not compensable under the Virginia Workers’ Compensation Act (§ 65.2-100<\/a> et seq.) upon written notification to the Board<\/span> setting forth the date the retirement is to become effective. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any member<\/span> in service<\/span> or within ninety days after termination of service<\/span> may retire for disability from a cause compensable under the Virginia Workers’ Compensation Act upon written notification to the Board<\/span> setting forth the date the retirement is to become effective. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If no compensation is finally awarded under the Virginia Workers’ Compensation Act, due to legal proceedings or otherwise resulting in settlement<\/span> from the persons causing the disability, the Virginia Workers’ Compensation Commission shall determine whether the member<\/span>’s disability is from a cause compensable under the Virginia Workers’ Compensation Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The effective date of retirement shall be after the member<\/span>’s last day of service<\/span> but shall not be more than ninety days prior to the filing of the notice of retirement. The Board<\/span> may waive<\/span> the ninety-day requirement upon a showing of good cause. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> After a medical examination of the member<\/span> or after reviewing pertinent medical records, the Medical Board<\/span> shall certify that (i) the member<\/span> is and has been continuously since the effective date of retirement if prior to filing of the notification, mentally or physically incapacitated for the further performance of duty, (ii) the incapacity is likely to be permanent, and (iii) the member<\/span> should be retired. A member<\/span> shall not be retired for disability for any condition which existed at the time of becoming a member<\/span> unless medical evidence<\/span>, convincing to the Board, supports the fact<\/span> that the pre-existing condition has worsened substantially. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In the event the member<\/span> is physically or mentally unable to submit written notification of his intention to retire, the member<\/span>’s appointing authority may submit notification on his behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any member<\/span> who has been on leave of absence without pay for a period exceeding twenty-four months shall not be entitled to retire under the provisions of this section. This subsection shall not apply to any member<\/span> who is disabled while on leave without pay while performing active duty military service<\/span> in the armed forces of the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> For good cause shown, the Board may waive<\/span> the ninety-day notification periods set forth in subsections A and B. For purposes of this section, good cause shall exist and the Board shall waive<\/span> such ninety-day notification periods if (i) the member<\/span> would otherwise qualify for disability retirement but for failing to comply with the requirements of subsection A or B and (ii) the Medical Board<\/span>, acting solely in its own discretion after reviewing objective medical evidence<\/span> of the disability and its cause, certifies that: (a) the disability and its cause existed on the date the member<\/span>’s employment was terminated, (b) the member<\/span> had no knowledge of the existence of the disability and its cause at any time within ninety days after the date the member<\/span>’s employment was terminated, and (c) the member<\/span> could not, with reasonable inquiry, have ascertained the existence of the disability and its cause within ninety days after the date the member<\/span>’s employment was terminated. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISABILITY RETIREMENT (\u00a7 51.1-156)\n\nA. Any member in service or within ninety days after termination of service who\nhas not withdrawn his accumulated contributions as provided for in §\n51.1-128 may retire for disability not compensable under the Virginia\nWorkers’ Compensation Act (§ 65.2-100 et seq.) upon written\nnotification to the Board setting forth the date the retirement is to become\neffective.\n\nB. Any member in service or within ninety days after termination of service may\nretire for disability from a cause compensable under the Virginia Workers’\nCompensation Act upon written notification to the Board setting forth the date\nthe retirement is to become effective.\n\nC. If no compensation is finally awarded under the Virginia Workers’\nCompensation Act, due to legal proceedings or otherwise resulting in settlement\nfrom the persons causing the disability, the Virginia Workers’\nCompensation Commission shall determine whether the member’s disability is\nfrom a cause compensable under the Virginia Workers’ Compensation Act.\n\nD. The effective date of retirement shall be after the member’s last day\nof service but shall not be more than ninety days prior to the filing of the\nnotice of retirement. The Board may waive the ninety-day requirement upon a\nshowing of good cause.\n\nE. After a medical examination of the member or after reviewing pertinent\nmedical records, the Medical Board shall certify that (i) the member is and has\nbeen continuously since the effective date of retirement if prior to filing of\nthe notification, mentally or physically incapacitated for the further\nperformance of duty, (ii) the incapacity is likely to be permanent, and (iii)\nthe member should be retired. A member shall not be retired for disability for\nany condition which existed at the time of becoming a member unless medical\nevidence, convincing to the Board, supports the fact that the pre-existing\ncondition has worsened substantially.\n\nF. In the event the member is physically or mentally unable to submit written\nnotification of his intention to retire, the member’s appointing authority\nmay submit notification on his behalf.\n\nG. Any member who has been on leave of absence without pay for a period\nexceeding twenty-four months shall not be entitled to retire under the\nprovisions of this section. This subsection shall not apply to any member who is\ndisabled while on leave without pay while performing active duty military\nservice in the armed forces of the United States.\n\nH. For good cause shown, the Board may waive the ninety-day notification periods\nset forth in subsections A and B. For purposes of this section, good cause shall\nexist and the Board shall waive such ninety-day notification periods if (i) the\nmember would otherwise qualify for disability retirement but for failing to\ncomply with the requirements of subsection A or B and (ii) the Medical Board,\nacting solely in its own discretion after reviewing objective medical evidence\nof the disability and its cause, certifies that: (a) the disability and its\ncause existed on the date the member’s employment was terminated, (b) the\nmember had no knowledge of the existence of the disability and its cause at any\ntime within ninety days after the date the member’s employment was\nterminated, and (c) the member could not, with reasonable inquiry, have\nascertained the existence of the disability and its cause within ninety days\nafter the date the member’s employment was terminated.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.56; 1960, c. 604; 1964, c. 186; 1966, c. 174;\n1973, c. 523; 1982, c. 427; 1986, c. 474; 1988, c. 724; 1990, c. 832; 1992, c.\n811; 1995, c. 307; 2009, c. 362.","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}}