{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-161.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-161.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-161.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-161.html"}],"law_id":65950,"edition_id":1,"section_id":65950,"structure_id":14048,"section_number":"51.1-161","catch_line":"Withdrawal of contributions before retirement","history":"1952, c. 157, \u00a7 51-111.58; 1960, c. 604; 1970, c. 476; 1986, c. 474; 1988, c. 809; 1990, c. 832; 2001, c. 691; 2006, c. 403; 2010, c. 758; 2012, c. 696.","full_text":"A\n\n1. Any member who has five or more years of creditable service, who ceases to be an employee, other than by death or retirement, may receive a refund of his accumulated contributions reduced by the amount of any retirement allowance previously received by him under any of the provisions of Chapter 1 (\u00a7 51.1-124.1 et seq.), 2 (\u00a7 51.1-200 et seq.), 2.1 (\u00a7 51.1-211 et seq.), or 3 (\u00a7 51.1-300 et seq.) or the abolished system.2\n\nAny member who has less than five years of creditable service, who ceases to be an employee other than by death or involuntary separation due to causes other than job performance or misconduct, as determined by the employer in its sole discretion, shall have such refund reduced by that portion of his accumulated contributions that were paid by his employer on his behalf on or after July 1, 2010. Such reduction shall be transferred to the retirement allowance account of each employer who paid such contributions on a pro rata basis.B\n\nAccumulated contributions shall be refunded to a member upon retirement for disability only from a cause that is compensable under the Virginia Workers’ Compensation Act (§ 65.2-100 et seq.) or to his designated beneficiary upon the death of the member from a cause that is compensable under the Virginia Workers’ Compensation Act.C\n\nIf a member becomes covered by an optional retirement plan established under § 51.1-126, 51.1-126.3, 51.1-126.5, or 51.1-126.6, the member may elect to have the balance of his accumulated contributions, as determined under subsection A, transferred directly to such optional retirement plan as a credit to his account in such plan. No portion of the transferred amount shall be available to the member until benefits under the optional retirement plan are otherwise available for distribution. An election to transfer the accumulated contributions to an optional retirement plan shall be treated as a withdrawal of the member’s accumulated contributions for purposes of § 51.1-128, except that the member’s creditable service shall be taken into account for purposes of Chapter 14 (§ 51.1-1400 et seq.).","order_by":null,"text":{"0":{"id":239645,"text":"1. Any member who has five or more years of creditable service, who ceases to be an employee, other than by death or retirement, may receive a refund of his accumulated contributions reduced by the amount of any retirement allowance previously received by him under any of the provisions of Chapter 1 (\u00a7 51.1-124.1 et seq.), 2 (\u00a7 51.1-200 et seq.), 2.1 (\u00a7 51.1-211 et seq.), or 3 (\u00a7 51.1-300 et seq.) or the abolished system.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":239646,"text":"Any member who has less than five years of creditable service, who ceases to be an employee other than by death or involuntary separation due to causes other than job performance or misconduct, as determined by the employer in its sole discretion, shall have such refund reduced by that portion of his accumulated contributions that were paid by his employer on his behalf on or after July 1, 2010. Such reduction shall be transferred to the retirement allowance account of each employer who paid such contributions on a pro rata basis.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":239647,"text":"Accumulated contributions shall be refunded to a member upon retirement for disability only from a cause that is compensable under the Virginia Workers’ Compensation Act (§ 65.2-100 et seq.) or to his designated beneficiary upon the death of the member from a cause that is compensable under the Virginia Workers’ Compensation Act.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":239648,"text":"If a member becomes covered by an optional retirement plan established under § 51.1-126, 51.1-126.3, 51.1-126.5, or 51.1-126.6, the member may elect to have the balance of his accumulated contributions, as determined under subsection A, transferred directly to such optional retirement plan as a credit to his account in such plan. No portion of the transferred amount shall be available to the member until benefits under the optional retirement plan are otherwise available for distribution. An election to transfer the accumulated contributions to an optional retirement plan shall be treated as a withdrawal of the member’s accumulated contributions for purposes of § 51.1-128, except that the member’s creditable service shall be taken into account for purposes of Chapter 14 (§ 51.1-1400 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-161\/","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 9 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 1970, chapter 476; in 1986, chapter 474; in 1988, chapter 809; in 1990, chapter 832; in 2001, chapter 691<\/a>; in 2006, chapter 403<\/a>; in 2010, chapter 758<\/a>; in 2012, chapter 696<\/a>.<\/p>","references":[{"id":70634,"section_number":"51.1-124.3","catch_line":"Definitions","order_by":null,"url":"\/51.1-124.3\/"},{"id":81431,"section_number":"51.1-132","catch_line":"Eligible employees","order_by":null,"url":"\/51.1-132\/"}],"refers_to":[{"id":68506,"section_number":"51.1-124.1","catch_line":"Virginia Retirement System established","order_by":null,"url":"\/51.1-124.1\/"},{"id":74626,"section_number":"51.1-126","catch_line":"Employees of institutions of higher education","order_by":null,"url":"\/51.1-126\/"},{"id":59098,"section_number":"51.1-126.3","catch_line":"Employees of the University of Virginia Medical Center","order_by":null,"url":"\/51.1-126.3\/"},{"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":86163,"section_number":"51.1-126.6","catch_line":"Certain employees of public school divisions","order_by":null,"url":"\/51.1-126.6\/"},{"id":86067,"section_number":"51.1-128","catch_line":"Cessation of membership","order_by":null,"url":"\/51.1-128\/"},{"id":75331,"section_number":"51.1-1400","catch_line":"Health insurance credits for retired state employees","order_by":null,"url":"\/51.1-1400\/"},{"id":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":67999,"section_number":"65.2-100","catch_line":"Short title","order_by":null,"url":"\/65.2-100\/"}],"permalink":{"id":235401,"object_type":"law","relational_id":65950,"identifier":"51.1-161","token":"51.1\/1\/9\/51.1-161","url":"\/51.1-161\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-161\/","token":"51.1\/1\/9\/51.1-161","dublin_core":{"Title":"Withdrawal of contributions before retirement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-161","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. Any member<\/span> who has five or more years of creditable service<\/span>, who ceases to be an employee<\/span>, other than by death or retirement, may receive a refund of his accumulated contributions<\/span> reduced by the amount of any retirement allowance<\/span> previously received by him under any of the provisions of Chapter 1 (\u00a7 51.1-124.1<\/a> et seq.), 2 (\u00a7 51.1-200<\/a> et seq.), 2.1 (\u00a7 51.1-211<\/a> et seq.), or 3 (\u00a7 51.1-300<\/a> et seq.) or the abolished system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any member<\/span> who has less than five years of creditable service<\/span>, who ceases to be an employee<\/span> other than by death or involuntary separation due to causes other than job performance or misconduct, as determined by the employer<\/span> in its sole discretion, shall have such refund reduced by that portion of his accumulated contributions<\/span> that were paid by his employer<\/span> on his behalf on or after July 1, 2010. Such reduction shall be transferred to the retirement allowance<\/span> account of each employer<\/span> who paid such contributions on a pro rata basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Accumulated contributions<\/span> shall be refunded to a member<\/span> upon retirement for disability only from a cause that is compensable under the Virginia Workers’ Compensation Act (§ 65.2-100<\/a> et seq.) or to his designated beneficiary<\/span> upon the death of the member<\/span> from a cause that is compensable under the Virginia Workers’ Compensation Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a member<\/span> becomes covered by an optional retirement plan established under § 51.1-126<\/a>, 51.1-126.3<\/a>, 51.1-126.5<\/a>, or 51.1-126.6<\/a>, the member<\/span> may elect to have the balance of his accumulated contributions<\/span>, as determined under subsection A, transferred directly to such optional retirement plan as a credit to his account in such plan. No portion of the transferred amount shall be available to the member<\/span> until benefits under the optional retirement plan are otherwise available for distribution. An election to transfer the accumulated contributions<\/span> to an optional retirement plan shall be treated as a withdrawal of the member<\/span>’s accumulated contributions<\/span> for purposes of § 51.1-128<\/a>, except that the member<\/span>’s creditable service<\/span> shall be taken into account for purposes of Chapter 14 (§ 51.1-1400<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWITHDRAWAL OF CONTRIBUTIONS BEFORE RETIREMENT (\u00a7 51.1-161)\n\nA. 1. Any member who has five or more years of creditable service, who ceases to\nbe an employee, other than by death or retirement, may receive a refund of his\naccumulated contributions reduced by the amount of any retirement allowance\npreviously received by him under any of the provisions of Chapter 1 (\u00a7\n51.1-124.1 et seq.), 2 (\u00a7 51.1-200 et seq.), 2.1 (\u00a7 51.1-211 et seq.), or 3\n(\u00a7 51.1-300 et seq.) or the abolished system.\n\n 2. Any member who has less than five years of creditable service, who ceases\n to be an employee other than by death or involuntary separation due to causes\n other than job performance or misconduct, as determined by the employer in its\n sole discretion, shall have such refund reduced by that portion of his\n accumulated contributions that were paid by his employer on his behalf on or\n after July 1, 2010. Such reduction shall be transferred to the retirement\n allowance account of each employer who paid such contributions on a pro rata\n basis.\n\nB. Accumulated contributions shall be refunded to a member upon retirement for\ndisability only from a cause that is compensable under the Virginia\nWorkers’ Compensation Act (§ 65.2-100 et seq.) or to his designated\nbeneficiary upon the death of the member from a cause that is compensable under\nthe Virginia Workers’ Compensation Act.\n\nC. If a member becomes covered by an optional retirement plan established under\n§ 51.1-126, 51.1-126.3, 51.1-126.5, or 51.1-126.6, the member may elect to\nhave the balance of his accumulated contributions, as determined under\nsubsection A, transferred directly to such optional retirement plan as a credit\nto his account in such plan. No portion of the transferred amount shall be\navailable to the member until benefits under the optional retirement plan are\notherwise available for distribution. An election to transfer the accumulated\ncontributions to an optional retirement plan shall be treated as a withdrawal of\nthe member’s accumulated contributions for purposes of § 51.1-128,\nexcept that the member’s creditable service shall be taken into account\nfor purposes of Chapter 14 (§ 51.1-1400 et seq.).\n\nHISTORY: 1952, c. 157, \u00a7 51-111.58; 1960, c. 604; 1970, c. 476; 1986, c. 474;\n1988, c. 809; 1990, c. 832; 2001, c. 691; 2006, c. 403; 2010, c. 758; 2012, c.\n696.","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}}