{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-157.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-157.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-157.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-157.html"}],"law_id":72932,"edition_id":1,"section_id":72932,"structure_id":14048,"section_number":"51.1-157","catch_line":"Disability retirement allowance","history":"1952, c. 157, \u00a7 51-111.57; 1956, cc. 560, 652; 1960, c. 604; 1962, c. 245; 1964, c. 186; 1966, c. 174; 1970, c. 476; 1971, Ex. Sess., c. 88; 1972, c. 568; 1973, c. 523; 1974, c. 353; 1976, c. 541; 1980, c. 722, \u00a7 51-111.57:1; 1982, c. 467; 1986, c. 474; 1990, c. 832; 1993, c. 895; 1994, 1st Sp. Sess., c. 5; 1998, c. 674; 2012, cc. 701, 823; 2021, Sp. Sess. I, cc. 53, 54.","full_text":"A\n\nAllowance payable on retirement. &#x2014; Upon retirement for disability, a member who has five or more years of creditable service shall receive an annual retirement allowance during his lifetime and continued disability equal to 1.70 percent of his average final compensation multiplied by the smaller of (i) twice the amount of his creditable service or (ii) the amount of creditable service he would have completed at age 60 if he had remained in service to that age. Notwithstanding the foregoing, for a member who (a) is a person who becomes a member on or after July 1, 2010, or (b) does not have at least 60 months of creditable service as of January 1, 2013, the allowance shall equal 1.65 percent of his average final compensation multiplied by the smaller of (1) twice the amount of his creditable service or (2) the amount of creditable service he would have completed at age 60 if he had remained in service to that age. If a member has already attained age 60, the amount of creditable service at his date of retirement shall be used.\n\t\t\tFor retirements between October 1, 1994, and December 31, 1998, any employee or local officer who is a member or beneficiary of a retirement system administered by the Board shall receive an additional retirement allowance equal to three percent of the disability retirement allowance payable under this section; provided that, for purposes of this additional retirement allowance, the term employee shall include only those employees of political subdivisions that have adopted a resolution providing for such an allowance under subsection B of &#xA7; 51.1-130. Average final compensation attributable to service as Governor, Lieutenant Governor, Attorney General, or member of the General Assembly shall not be included in computing this additional retirement allowance.B\n\nWorkers&#8217; compensation guarantee. &#x2014; If a member retires for disability from a cause which is compensable under the Virginia Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.), the amount of the annual retirement allowance shall equal 66 and two-thirds percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of his retirement, the allowance payable from the retirement system shall equal 50 percent of his average final compensation. A member shall be entitled to the larger of the retirement allowance as determined under the provisions of subsection A or under the provisions of this subsection.C\n\nReduction of allowance. &#x2014; Any allowance payable to a member who retires for disability from a cause compensable under the Virginia Workers&#8217; Compensation Act shall be reduced by the amount of any payments under the provisions of the Act in effect on the date of retirement of the member and the excess of the allowance shall be paid to the member. When the time for compensation payments under the Act has elapsed, the member shall receive the full amount of the allowance payable during his lifetime and continued disability. If the member&#8217;s payments under the Virginia Workers&#8217; Compensation Act are adjusted or terminated for refusal to work or to comply with the requirements of &#xA7; 65.2-603, his allowance shall be computed as if he were receiving the compensation to which he would otherwise be entitled.D\n\nSpecial retirement allowance guarantee. &#x2014; Any member retired from a cause which is not compensable under the Virginia Workers&#8217; Compensation Act shall be guaranteed an annual retirement allowance during his lifetime and continued disability which equals 50 percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of retirement, the allowance payable from the retirement system shall equal 33 and one-third percent of his average final compensation.E\n\nDetermination of retirement allowance. &#x2014; For the purposes of this section, the retirement allowance shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected.","order_by":null,"text":{"0":{"id":262717,"text":"Allowance payable on retirement. &#x2014; Upon retirement for disability, a member who has five or more years of creditable service shall receive an annual retirement allowance during his lifetime and continued disability equal to 1.70 percent of his average final compensation multiplied by the smaller of (i) twice the amount of his creditable service or (ii) the amount of creditable service he would have completed at age 60 if he had remained in service to that age. Notwithstanding the foregoing, for a member who (a) is a person who becomes a member on or after July 1, 2010, or (b) does not have at least 60 months of creditable service as of January 1, 2013, the allowance shall equal 1.65 percent of his average final compensation multiplied by the smaller of (1) twice the amount of his creditable service or (2) the amount of creditable service he would have completed at age 60 if he had remained in service to that age. If a member has already attained age 60, the amount of creditable service at his date of retirement shall be used.\n\t\t\tFor retirements between October 1, 1994, and December 31, 1998, any employee or local officer who is a member or beneficiary of a retirement system administered by the Board shall receive an additional retirement allowance equal to three percent of the disability retirement allowance payable under this section; provided that, for purposes of this additional retirement allowance, the term employee shall include only those employees of political subdivisions that have adopted a resolution providing for such an allowance under subsection B of &#xA7; 51.1-130. Average final compensation attributable to service as Governor, Lieutenant Governor, Attorney General, or member of the General Assembly shall not be included in computing this additional retirement allowance.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262718,"text":"Workers&#8217; compensation guarantee. &#x2014; If a member retires for disability from a cause which is compensable under the Virginia Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.), the amount of the annual retirement allowance shall equal 66 and two-thirds percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of his retirement, the allowance payable from the retirement system shall equal 50 percent of his average final compensation. A member shall be entitled to the larger of the retirement allowance as determined under the provisions of subsection A or under the provisions of this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262719,"text":"Reduction of allowance. &#x2014; Any allowance payable to a member who retires for disability from a cause compensable under the Virginia Workers&#8217; Compensation Act shall be reduced by the amount of any payments under the provisions of the Act in effect on the date of retirement of the member and the excess of the allowance shall be paid to the member. When the time for compensation payments under the Act has elapsed, the member shall receive the full amount of the allowance payable during his lifetime and continued disability. If the member&#8217;s payments under the Virginia Workers&#8217; Compensation Act are adjusted or terminated for refusal to work or to comply with the requirements of &#xA7; 65.2-603, his allowance shall be computed as if he were receiving the compensation to which he would otherwise be entitled.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":262720,"text":"Special retirement allowance guarantee. &#x2014; Any member retired from a cause which is not compensable under the Virginia Workers&#8217; Compensation Act shall be guaranteed an annual retirement allowance during his lifetime and continued disability which equals 50 percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of retirement, the allowance payable from the retirement system shall equal 33 and one-third percent of his average final compensation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":262721,"text":"Determination of retirement allowance. &#x2014; For the purposes of this section, the retirement allowance shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-157\/","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 1956, chapters 560 and 652; in 1960, chapter 604; in 1962, chapter 245; in 1964, chapter 186; in 1966, chapter 174; in 1970, chapter 476; in 1972, chapter 568; in 1973, chapter 523; in 1974, chapter 353; in 1976, chapter 541; in 1980, chapter 722; in 1982, chapter 467; in 1986, chapter 474; in 1990, chapter 832; in 1993, chapter 895; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0674\">674<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0701\">701<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0823\">823<\/a>.<\/p>","references":[{"id":59365,"section_number":"27-39","catch_line":"Counties, cities and towns authorized to provide relief","order_by":null,"url":"\/27-39\/"},{"id":72480,"section_number":"51.1-130","catch_line":"Resolution of governing body; approval by Board","order_by":null,"url":"\/51.1-130\/"},{"id":83485,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","order_by":null,"url":"\/51.1-166\/"},{"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":72480,"section_number":"51.1-130","catch_line":"Resolution of governing body; approval by Board","order_by":null,"url":"\/51.1-130\/"},{"id":67999,"section_number":"65.2-100","catch_line":"Short title","order_by":null,"url":"\/65.2-100\/"},{"id":82651,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","order_by":null,"url":"\/65.2-603\/"}],"permalink":{"id":235385,"object_type":"law","relational_id":72932,"identifier":"51.1-157","token":"51.1\/1\/9\/51.1-157","url":"\/51.1-157\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-157\/","token":"51.1\/1\/9\/51.1-157","dublin_core":{"Title":"Disability retirement allowance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-157","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Allowance payable on retirement. &#x2014; Upon retirement for disability, a <span class=\"dictionary\">member<\/span> who has five or more years of <span class=\"dictionary\">creditable service<\/span> shall receive an annual <span class=\"dictionary\">retirement allowance<\/span> during his lifetime and continued disability equal to 1.70 percent of his <span class=\"dictionary\">average final compensation<\/span> multiplied by the smaller of (i) twice the amount of his <span class=\"dictionary\">creditable service<\/span> or (ii) the amount of <span class=\"dictionary\">creditable service<\/span> he would have completed at age 60 if he had remained in service to that age. Notwithstanding the foregoing, for a <span class=\"dictionary\">member<\/span> who (a) is a person who becomes a <span class=\"dictionary\">member<\/span> on or after July 1, 2010, or (b) does not have at least 60 months of <span class=\"dictionary\">creditable service<\/span> as of January 1, 2013, the allowance shall equal 1.65 percent of his <span class=\"dictionary\">average final compensation<\/span> multiplied by the smaller of (1) twice the amount of his <span class=\"dictionary\">creditable service<\/span> or (2) the amount of <span class=\"dictionary\">creditable service<\/span> he would have completed at age 60 if he had remained in service to that age. If a <span class=\"dictionary\">member<\/span> has already attained age 60, the amount of <span class=\"dictionary\">creditable service<\/span> at his date of retirement shall be used.\n\t\t\tFor retirements between October 1, 1994, and December 31, 1998, any <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">local officer<\/span> who is a <span class=\"dictionary\">member<\/span> or <span class=\"dictionary\">beneficiary<\/span> of a <span class=\"dictionary\">retirement system<\/span> administered by the <span class=\"dictionary\">Board<\/span> shall receive an additional <span class=\"dictionary\">retirement allowance<\/span> equal to three percent of the disability <span class=\"dictionary\">retirement allowance<\/span> payable under this section; provided that, for purposes of this additional <span class=\"dictionary\">retirement allowance<\/span>, the term <span class=\"dictionary\">employee<\/span> shall include only those <span class=\"dictionary\">employees<\/span> of <span class=\"dictionary\">political subdivisions<\/span> that have adopted a resolution providing for such an allowance under subsection B of &#xA7; <a class=\"law\" title=\"Resolution of governing body; approval by Board\" href=\"\/51.1-130\/\">51.1-130<\/a>. <span class=\"dictionary\">Average final compensation<\/span> attributable to service as Governor, Lieutenant Governor, <span class=\"dictionary\">Attorney General<\/span>, or <span class=\"dictionary\">member<\/span> of the General Assembly shall not be included in computing this additional <span class=\"dictionary\">retirement allowance<\/span>. <a id=\"paragraph-262717\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-157\/#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> Workers&#8217; compensation guarantee. &#x2014; If a <span class=\"dictionary\">member<\/span> retires for disability from a cause which is compensable under the Virginia Workers&#8217; Compensation Act (&#xA7; <a class=\"law\" title=\"Short title\" href=\"\/65.2-100\/\">65.2-100<\/a> et seq.), the amount of the annual <span class=\"dictionary\">retirement allowance<\/span> shall equal 66 and two-thirds percent of the <span class=\"dictionary\">member<\/span>&#8217;s <span class=\"dictionary\">average final compensation<\/span> if the <span class=\"dictionary\">member<\/span> does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the <span class=\"dictionary\">member<\/span> qualifies for social security disability benefits or has attained his normal <span class=\"dictionary\">retirement age<\/span> under the provisions of the Social Security Act in effect on the date of his retirement, the allowance payable from the <span class=\"dictionary\">retirement system<\/span> shall equal 50 percent of his <span class=\"dictionary\">average final compensation<\/span>. A <span class=\"dictionary\">member<\/span> shall be entitled to the larger of the <span class=\"dictionary\">retirement allowance<\/span> as determined under the provisions of subsection A or under the provisions of this subsection. <a id=\"paragraph-262718\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-157\/#B\"><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> Reduction of allowance. &#x2014; Any allowance payable to a <span class=\"dictionary\">member<\/span> who retires for disability from a cause compensable under the Virginia Workers&#8217; Compensation Act shall be reduced by the amount of any payments under the provisions of the Act in effect on the date of retirement of the <span class=\"dictionary\">member<\/span> and the excess of the allowance shall be paid to the <span class=\"dictionary\">member<\/span>. When the time for compensation payments under the Act has elapsed, the <span class=\"dictionary\">member<\/span> shall receive the full amount of the allowance payable during his lifetime and continued disability. If the <span class=\"dictionary\">member<\/span>&#8217;s payments under the Virginia Workers&#8217; Compensation Act are adjusted or terminated for refusal to work or to comply with the requirements of &#xA7; <a class=\"law\" title=\"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept\" href=\"\/65.2-603\/\">65.2-603<\/a>, his allowance shall be computed as if he were receiving the compensation to which he would otherwise be entitled. <a id=\"paragraph-262719\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-157\/#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> Special <span class=\"dictionary\">retirement allowance<\/span> guarantee. &#x2014; Any <span class=\"dictionary\">member<\/span> retired from a cause which is not compensable under the Virginia Workers&#8217; Compensation Act shall be guaranteed an annual <span class=\"dictionary\">retirement allowance<\/span> during his lifetime and continued disability which equals 50 percent of the <span class=\"dictionary\">member<\/span>&#8217;s <span class=\"dictionary\">average final compensation<\/span> if the <span class=\"dictionary\">member<\/span> does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the <span class=\"dictionary\">member<\/span> qualifies for social security disability benefits or has attained his normal <span class=\"dictionary\">retirement age<\/span> under the provisions of the Social Security Act in effect on the date of retirement, the allowance payable from the <span class=\"dictionary\">retirement system<\/span> shall equal 33 and one-third percent of his <span class=\"dictionary\">average final compensation<\/span>. <a id=\"paragraph-262720\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-157\/#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> Determination of <span class=\"dictionary\">retirement allowance<\/span>. &#x2014; For the purposes of this section, the <span class=\"dictionary\">retirement allowance<\/span> shall be determined on the assumption that the <span class=\"dictionary\">retirement allowance<\/span> is payable to the <span class=\"dictionary\">member<\/span> alone and that no optional <span class=\"dictionary\">retirement allowance<\/span> is elected. <a id=\"paragraph-262721\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-157\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDISABILITY RETIREMENT ALLOWANCE (\u00a7 51.1-157)\n\nA. Allowance payable on retirement. &#x2014; Upon retirement for disability, a\nmember who has five or more years of creditable service shall receive an annual\nretirement allowance during his lifetime and continued disability equal to 1.70\npercent of his average final compensation multiplied by the smaller of (i) twice\nthe amount of his creditable service or (ii) the amount of creditable service he\nwould have completed at age 60 if he had remained in service to that age.\nNotwithstanding the foregoing, for a member who (a) is a person who becomes a\nmember on or after July 1, 2010, or (b) does not have at least 60 months of\ncreditable service as of January 1, 2013, the allowance shall equal 1.65 percent\nof his average final compensation multiplied by the smaller of (1) twice the\namount of his creditable service or (2) the amount of creditable service he\nwould have completed at age 60 if he had remained in service to that age. If a\nmember has already attained age 60, the amount of creditable service at his date\nof retirement shall be used.\n\t\t\tFor retirements between October 1, 1994, and December 31, 1998, any employee\nor local officer who is a member or beneficiary of a retirement system\nadministered by the Board shall receive an additional retirement allowance equal\nto three percent of the disability retirement allowance payable under this\nsection; provided that, for purposes of this additional retirement allowance,\nthe term employee shall include only those employees of political subdivisions\nthat have adopted a resolution providing for such an allowance under subsection\nB of &#xA7; 51.1-130. Average final compensation attributable to service as\nGovernor, Lieutenant Governor, Attorney General, or member of the General\nAssembly shall not be included in computing this additional retirement\nallowance.\n\nB. Workers&#8217; compensation guarantee. &#x2014; If a member retires for\ndisability from a cause which is compensable under the Virginia Workers&#8217;\nCompensation Act (&#xA7; 65.2-100 et seq.), the amount of the annual retirement\nallowance shall equal 66 and two-thirds percent of the member&#8217;s average\nfinal compensation if the member does not qualify for social security disability\nbenefits under the provisions of the Social Security Act in effect on the date\nof his retirement. If the member qualifies for social security disability\nbenefits or has attained his normal retirement age under the provisions of the\nSocial Security Act in effect on the date of his retirement, the allowance\npayable from the retirement system shall equal 50 percent of his average final\ncompensation. A member shall be entitled to the larger of the retirement\nallowance as determined under the provisions of subsection A or under the\nprovisions of this subsection.\n\nC. Reduction of allowance. &#x2014; Any allowance payable to a member who\nretires for disability from a cause compensable under the Virginia\nWorkers&#8217; Compensation Act shall be reduced by the amount of any payments\nunder the provisions of the Act in effect on the date of retirement of the\nmember and the excess of the allowance shall be paid to the member. When the\ntime for compensation payments under the Act has elapsed, the member shall\nreceive the full amount of the allowance payable during his lifetime and\ncontinued disability. If the member&#8217;s payments under the Virginia\nWorkers&#8217; Compensation Act are adjusted or terminated for refusal to work\nor to comply with the requirements of &#xA7; 65.2-603, his allowance shall be\ncomputed as if he were receiving the compensation to which he would otherwise be\nentitled.\n\nD. Special retirement allowance guarantee. &#x2014; Any member retired from a\ncause which is not compensable under the Virginia Workers&#8217; Compensation\nAct shall be guaranteed an annual retirement allowance during his lifetime and\ncontinued disability which equals 50 percent of the member&#8217;s average final\ncompensation if the member does not qualify for social security disability\nbenefits under the provisions of the Social Security Act in effect on the date\nof his retirement. If the member qualifies for social security disability\nbenefits or has attained his normal retirement age under the provisions of the\nSocial Security Act in effect on the date of retirement, the allowance payable\nfrom the retirement system shall equal 33 and one-third percent of his average\nfinal compensation.\n\nE. Determination of retirement allowance. &#x2014; For the purposes of this\nsection, the retirement allowance shall be determined on the assumption that the\nretirement allowance is payable to the member alone and that no optional\nretirement allowance is elected.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.57; 1956, cc. 560, 652; 1960, c. 604; 1962, c.\n245; 1964, c. 186; 1966, c. 174; 1970, c. 476; 1971, Ex. Sess., c. 88; 1972, c.\n568; 1973, c. 523; 1974, c. 353; 1976, c. 541; 1980, c. 722, \u00a7 51-111.57:1;\n1982, c. 467; 1986, c. 474; 1990, c. 832; 1993, c. 895; 1994, 1st Sp. Sess., c.\n5; 1998, c. 674; 2012, cc. 701, 823; 2021, Sp. Sess. I, cc. 53, 54.","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}}