{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-165.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-165.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-165.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-165.html"}],"law_id":71831,"edition_id":1,"section_id":71831,"structure_id":14048,"section_number":"51.1-165","catch_line":"Optional benefits","history":"1952, c. 157, \u00a7 51-111.60; 1956, c. 560; 1966, c. 174; 1970, c. 476; 1974, c. 353; 1975, c. 597; 1976, cc. 511, 542; 1978, c. 841; 1980, cc. 85, 642, 646; 1982, c. 581; 1986, c. 474; 1990, c. 832; 1992, cc. 518, 548, 811; 1993, c. 548; 1995, cc. 152, 307, 692, 811; 1998, c. 676; 1999, c. 111; 2001, cc. 679, 699; 2003, c. 263; 2005, cc. 146, 162.","full_text":"A\n\nAny member not taking 50\/10 retirement as provided in \u00a7 51.1-153 or 51.1-216, in accordance with the retirement plan covering such member, may elect to have his retirement allowance payable under one of the options set forth in this subsection and receive the actuarial equivalent of the retirement allowance otherwise payable to him. The election of an optional benefit shall be subject to the approval of the Board.1\n\nStraight life option. — A member may elect to receive an increased retirement allowance in lieu of any death benefits.2\n\nJoint and last-survivor option. — A member may elect to receive a decreased retirement allowance during his lifetime in order that a fraction of such retirement allowance be continued to a contingent annuitant at the death of the member. The amount to be received by the contingent annuitant, in accordance with such election by the member, shall not exceed 100 percent of the amount to be received by the member during his lifetime nor shall it be less than 10 percent of such amount. In case of such an election, death benefits that might otherwise be provided shall not be payable upon the death of the member unless death of the member occurs prior to the effective date of retirement as set forth in subsection C of this section. This option may be elected if the contingent annuitant is the spouse of the member. If the contingent annuitant is not the spouse of the member, this option may be elected only if the actuarial present value of the payments expected to be made to the member is greater than one-half of the actuarial present value of the total payments expected to be made to the member and contingent annuitant.3\n\nLevel income option. — If a member retires from service prior to his retirement age, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended), he may elect to receive an increased retirement allowance beginning on the member’s effective date of retirement and continuing until the member reaches age 62 or any whole age up to his normal retirement age, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended) and a decreased retirement allowance thereafter, thereby providing a more nearly level retirement allowance when such decreased retirement allowance is added to his anticipated primary benefits under the federal Social Security Act. In determining the amount of such retirement allowance under this option before the electing retiree reaches his retirement age, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended), the Board may use an estimate of the member’s anticipated social security benefit for computing the amount of such retirement allowance. Any member electing to receive such an allowance shall not be entitled to a joint and last survivor benefit. The amount of the increased retirement allowance shall be determined actuarially, but the election of this option shall not result in more than a 50 percent reduction in the member’s benefit as provided in § 51.1-155, 51.1-206, 51.1-217, or 51.1-306.B\n\nAny member taking 50\/10 retirement as provided in § 51.1-153 or 51.1-216, in accordance with the retirement plan covering such member, may elect to have his retirement allowance payable under the option set forth in this subsection and receive the actuarial equivalent of the retirement allowance otherwise payable to him. The election of this optional benefit shall be subject to the approval of the Board.\n\t\t\t50\/10 retirement joint and last-survivor option. — A member may elect to receive a decreased retirement allowance during his lifetime and have the retirement allowance continued after his death to a contingent annuitant during the lifetime of such person. The retirement allowance pursuant to this option shall be determined as provided in subdivision A 5 of § 51.1-155 or subsection A of § 51.1-217, in accordance with the retirement plan covering such member, except (i) the present value of future retirement benefits shall be calculated based on the life expectancies of both the member and the contingent annuitant and (ii) the actuarially computed present value of the payments expected to be made under this option shall be actuarially equivalent to the actuarially computed present value of the payments expected to be made to the member as determined pursuant to subdivision A 5 of § 51.1-155 or subsection A of § 51.1-217, in accordance with the retirement plan covering such member.C\n\n1. The election of any one of the options stated in this section shall be null and void if the member dies prior to the Board receiving written notification of the member’s effective date of retirement. The election of a joint and last-survivor option shall be null and void if the contingent annuitant dies before the member’s retirement. Except as provided in subdivision 2 of this subsection, in all cases where the death of the member occurs prior to the effective date of retirement but after the Board has received written notification of the member’s effective date of retirement, benefits shall be paid in accordance with the provisions of \u00a7 51.1-163 and the requirement that the member be in service shall not apply. For purposes of this subdivision, retirement shall be deemed to commence on the effective date of a member’s service retirement or disability.2\n\nIf (i) the death of the member occurs prior to the effective date of retirement but after the Board has received written notification of the member’s effective date of retirement; (ii) the member died while in service; (iii) at the time of the member’s death the election for payment of the member’s retirement allowance was a joint and last-survivor optional retirement benefit; and (iv) the member named his spouse, minor child, or parent as the contingent annuitant under the joint and last-survivor optional benefit, then benefits shall be paid in accordance with the provisions of § 51.1-163. However, if such contingent annuitant or annuitants are the same person or persons who would receive a monthly benefit under subsection B of § 51.1-162 and the monthly benefit under such subsection would be greater than the benefit provided in accordance with the provisions of § 51.1-163, then retirement benefits shall be paid in accordance with the provisions of subsection B of § 51.1-162.\n\t\t\t\tFor purposes of this subdivision, retirement shall be deemed to commence on the effective date of a member’s service retirement or disability.D\n\nA member who has elected any of the options stated in this section may revoke such an election by written notification to the Board any time prior to the later of the effective date of retirement or the date of written notification to the Board of retirement of the member.E\n\nA retired member who has elected a joint and last-survivor option may, in a manner prescribed by the Board, revoke such election and elect to receive from time of notification either the retirement allowance to which he would have been entitled had no option been elected initially or an allowance actuarially equivalent thereto under a joint and last-survivor option with a different contingent annuitant, if (i) the original contingent annuitant has died, (ii) a final decree of divorce of the retired member from the original contingent annuitant has been entered, or (iii) the written consent of the original contingent annuitant, together with evidence satisfactory to the Board of the good health of the original contingent annuitant, is submitted with the notification. If the provisions of this subsection are invoked by a retired member on the basis of the member’s having been divorced from his contingent annuitant and the marriage had been of a duration of 20 years or more, the provisions of this subsection shall not be applicable until the death or remarriage of the former spouse unless such spouse consents in writing to the revocation of the option prior to death or remarriage.\n\t\t\tIf such an election is made as a result of the death or divorce of the contingent annuitant, the benefit payable to the retired member may be adjusted retroactively for a period of not more than 60 days from the date the Board first receives notification of the desire of the retired member to make such a change.F\n\nSubject to the provisions of subsection E of this section, any member who retires on or after July 1, 1986, and returns to covered employment shall not be entitled to select a different optional benefit upon making application for retirement a second or subsequent time.","order_by":null,"text":{"0":{"id":258810,"text":"Any member not taking 50\/10 retirement as provided in \u00a7 51.1-153 or 51.1-216, in accordance with the retirement plan covering such member, may elect to have his retirement allowance payable under one of the options set forth in this subsection and receive the actuarial equivalent of the retirement allowance otherwise payable to him. The election of an optional benefit shall be subject to the approval of the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":258811,"text":"Straight life option. — A member may elect to receive an increased retirement allowance in lieu of any death benefits.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":258812,"text":"Joint and last-survivor option. — A member may elect to receive a decreased retirement allowance during his lifetime in order that a fraction of such retirement allowance be continued to a contingent annuitant at the death of the member. The amount to be received by the contingent annuitant, in accordance with such election by the member, shall not exceed 100 percent of the amount to be received by the member during his lifetime nor shall it be less than 10 percent of such amount. In case of such an election, death benefits that might otherwise be provided shall not be payable upon the death of the member unless death of the member occurs prior to the effective date of retirement as set forth in subsection C of this section. This option may be elected if the contingent annuitant is the spouse of the member. If the contingent annuitant is not the spouse of the member, this option may be elected only if the actuarial present value of the payments expected to be made to the member is greater than one-half of the actuarial present value of the total payments expected to be made to the member and contingent annuitant.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":258813,"text":"Level income option. — If a member retires from service prior to his retirement age, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended), he may elect to receive an increased retirement allowance beginning on the member’s effective date of retirement and continuing until the member reaches age 62 or any whole age up to his normal retirement age, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended) and a decreased retirement allowance thereafter, thereby providing a more nearly level retirement allowance when such decreased retirement allowance is added to his anticipated primary benefits under the federal Social Security Act. In determining the amount of such retirement allowance under this option before the electing retiree reaches his retirement age, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended), the Board may use an estimate of the member’s anticipated social security benefit for computing the amount of such retirement allowance. Any member electing to receive such an allowance shall not be entitled to a joint and last survivor benefit. The amount of the increased retirement allowance shall be determined actuarially, but the election of this option shall not result in more than a 50 percent reduction in the member’s benefit as provided in § 51.1-155, 51.1-206, 51.1-217, or 51.1-306.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":258814,"text":"Any member taking 50\/10 retirement as provided in § 51.1-153 or 51.1-216, in accordance with the retirement plan covering such member, may elect to have his retirement allowance payable under the option set forth in this subsection and receive the actuarial equivalent of the retirement allowance otherwise payable to him. The election of this optional benefit shall be subject to the approval of the Board.\n\t\t\t50\/10 retirement joint and last-survivor option. — A member may elect to receive a decreased retirement allowance during his lifetime and have the retirement allowance continued after his death to a contingent annuitant during the lifetime of such person. The retirement allowance pursuant to this option shall be determined as provided in subdivision A 5 of § 51.1-155 or subsection A of § 51.1-217, in accordance with the retirement plan covering such member, except (i) the present value of future retirement benefits shall be calculated based on the life expectancies of both the member and the contingent annuitant and (ii) the actuarially computed present value of the payments expected to be made under this option shall be actuarially equivalent to the actuarially computed present value of the payments expected to be made to the member as determined pursuant to subdivision A 5 of § 51.1-155 or subsection A of § 51.1-217, in accordance with the retirement plan covering such member.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":258815,"text":"1. The election of any one of the options stated in this section shall be null and void if the member dies prior to the Board receiving written notification of the member’s effective date of retirement. The election of a joint and last-survivor option shall be null and void if the contingent annuitant dies before the member’s retirement. Except as provided in subdivision 2 of this subsection, in all cases where the death of the member occurs prior to the effective date of retirement but after the Board has received written notification of the member’s effective date of retirement, benefits shall be paid in accordance with the provisions of \u00a7 51.1-163 and the requirement that the member be in service shall not apply. For purposes of this subdivision, retirement shall be deemed to commence on the effective date of a member’s service retirement or disability.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"6":{"id":258816,"text":"If (i) the death of the member occurs prior to the effective date of retirement but after the Board has received written notification of the member’s effective date of retirement; (ii) the member died while in service; (iii) at the time of the member’s death the election for payment of the member’s retirement allowance was a joint and last-survivor optional retirement benefit; and (iv) the member named his spouse, minor child, or parent as the contingent annuitant under the joint and last-survivor optional benefit, then benefits shall be paid in accordance with the provisions of § 51.1-163. However, if such contingent annuitant or annuitants are the same person or persons who would receive a monthly benefit under subsection B of § 51.1-162 and the monthly benefit under such subsection would be greater than the benefit provided in accordance with the provisions of § 51.1-163, then retirement benefits shall be paid in accordance with the provisions of subsection B of § 51.1-162.\n\t\t\t\tFor purposes of this subdivision, retirement shall be deemed to commence on the effective date of a member’s service retirement or disability.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"7":{"id":258817,"text":"A member who has elected any of the options stated in this section may revoke such an election by written notification to the Board any time prior to the later of the effective date of retirement or the date of written notification to the Board of retirement of the member.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"8":{"id":258818,"text":"A retired member who has elected a joint and last-survivor option may, in a manner prescribed by the Board, revoke such election and elect to receive from time of notification either the retirement allowance to which he would have been entitled had no option been elected initially or an allowance actuarially equivalent thereto under a joint and last-survivor option with a different contingent annuitant, if (i) the original contingent annuitant has died, (ii) a final decree of divorce of the retired member from the original contingent annuitant has been entered, or (iii) the written consent of the original contingent annuitant, together with evidence satisfactory to the Board of the good health of the original contingent annuitant, is submitted with the notification. If the provisions of this subsection are invoked by a retired member on the basis of the member’s having been divorced from his contingent annuitant and the marriage had been of a duration of 20 years or more, the provisions of this subsection shall not be applicable until the death or remarriage of the former spouse unless such spouse consents in writing to the revocation of the option prior to death or remarriage.\n\t\t\tIf such an election is made as a result of the death or divorce of the contingent annuitant, the benefit payable to the retired member may be adjusted retroactively for a period of not more than 60 days from the date the Board first receives notification of the desire of the retired member to make such a change.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":258819,"text":"Subject to the provisions of subsection E of this section, any member who retires on or after July 1, 1986, and returns to covered employment shall not be entitled to select a different optional benefit upon making application for retirement a second or subsequent time.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14048,"edition_id":1,"name":"Benefits","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":13056,"metadata":{},"date_created":"2026-06-26 03:46:41","date_modified":"2026-06-26 03:46:41","permalink":{"id":235355,"object_type":"structure","relational_id":14048,"identifier":"9","token":"51.1\/1\/9","url":"\/51.1\/1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13056,"edition_id":1,"name":"Virginia Retirement System","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":235031,"object_type":"structure","relational_id":13056,"identifier":"1","token":"51.1\/1","url":"\/51.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59629,"structure_id":14048,"section_number":"51.1-152","catch_line":"Limitations on average final compensation","url":"\/51.1-152\/","token":"51.1\/1\/9\/51.1-152","metadata":false},{"id":85181,"structure_id":14048,"section_number":"51.1-153","catch_line":"Service retirement","url":"\/51.1-153\/","token":"51.1\/1\/9\/51.1-153","metadata":false},{"id":79471,"structure_id":14048,"section_number":"51.1-154","catch_line":"Compulsory service retirement","url":"\/51.1-154\/","token":"51.1\/1\/9\/51.1-154","metadata":false},{"id":72358,"structure_id":14048,"section_number":"51.1-155","catch_line":"Service retirement allowance","url":"\/51.1-155\/","token":"51.1\/1\/9\/51.1-155","metadata":false},{"id":61992,"structure_id":14048,"section_number":"51.1-155.1","catch_line":"Exceptions from general early retirement provisions for certain state employees and constitutional officers","url":"\/51.1-155.1\/","token":"51.1\/1\/9\/51.1-155.1","metadata":false},{"id":68249,"structure_id":14048,"section_number":"51.1-155.2","catch_line":"Exceptions from general early retirement provisions for certain local government officials","url":"\/51.1-155.2\/","token":"51.1\/1\/9\/51.1-155.2","metadata":false},{"id":55144,"structure_id":14048,"section_number":"51.1-156","catch_line":"Disability retirement","url":"\/51.1-156\/","token":"51.1\/1\/9\/51.1-156","metadata":false},{"id":72932,"structure_id":14048,"section_number":"51.1-157","catch_line":"Disability retirement allowance","url":"\/51.1-157\/","token":"51.1\/1\/9\/51.1-157","metadata":false},{"id":71977,"structure_id":14048,"section_number":"51.1-158","catch_line":"Reduction of benefits for acceptance of lump-sum settlement under Workers' Compensation Act","url":"\/51.1-158\/","token":"51.1\/1\/9\/51.1-158","metadata":false},{"id":87471,"structure_id":14048,"section_number":"51.1-159","catch_line":"Medical examinations of persons retired for disability","url":"\/51.1-159\/","token":"51.1\/1\/9\/51.1-159","metadata":false},{"id":79621,"structure_id":14048,"section_number":"51.1-160","catch_line":"Cessation of disability retirement allowance","url":"\/51.1-160\/","token":"51.1\/1\/9\/51.1-160","metadata":false},{"id":65950,"structure_id":14048,"section_number":"51.1-161","catch_line":"Withdrawal of contributions before retirement","url":"\/51.1-161\/","token":"51.1\/1\/9\/51.1-161","metadata":false},{"id":68148,"structure_id":14048,"section_number":"51.1-162","catch_line":"Death before retirement","url":"\/51.1-162\/","token":"51.1\/1\/9\/51.1-162","metadata":false},{"id":64427,"structure_id":14048,"section_number":"51.1-163","catch_line":"Death after retirement","url":"\/51.1-163\/","token":"51.1\/1\/9\/51.1-163","metadata":false},{"id":63014,"structure_id":14048,"section_number":"51.1-164","catch_line":"Repealed","url":"\/51.1-164\/","token":"51.1\/1\/9\/51.1-164","metadata":false},{"id":71831,"structure_id":14048,"section_number":"51.1-165","catch_line":"Optional benefits","url":"\/51.1-165\/","token":"51.1\/1\/9\/51.1-165","metadata":false},{"id":82994,"structure_id":14048,"section_number":"51.1-165.01","catch_line":"Partial lump-sum option for payment of retirement allowance","url":"\/51.1-165.01\/","token":"51.1\/1\/9\/51.1-165.01","metadata":false},{"id":66610,"structure_id":14048,"section_number":"51.1-165.1","catch_line":"Acknowledgment by spouse of member","url":"\/51.1-165.1\/","token":"51.1\/1\/9\/51.1-165.1","metadata":false},{"id":83485,"structure_id":14048,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","url":"\/51.1-166\/","token":"51.1\/1\/9\/51.1-166","metadata":false},{"id":58384,"structure_id":14048,"section_number":"51.1-167","catch_line":"Retirement allowance to be reduced in certain cases","url":"\/51.1-167\/","token":"51.1\/1\/9\/51.1-167","metadata":false},{"id":57811,"structure_id":14048,"section_number":"51.1-168","catch_line":"Limits on creditable compensation; maximum benefits; mandatory payment of allowance","url":"\/51.1-168\/","token":"51.1\/1\/9\/51.1-168","metadata":false},{"id":83100,"structure_id":14048,"section_number":"51.1-169","catch_line":"Hybrid retirement program","url":"\/51.1-169\/","token":"51.1\/1\/9\/51.1-169","metadata":false}],"previous_section":{"id":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-165\/","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 19 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 1966, chapter 174; in 1970, chapter 476; in 1974, chapter 353; in 1975, chapter 597; in 1976, chapters 511 and 542; in 1978, chapter 841; in 1980, chapters 85, 642, and 646; in 1982, chapter 581; in 1986, chapter 474; in 1990, chapter 832; in 1992, chapters 518, 548, and 811; in 1993, chapter 548; in 1995, chapters 152<\/a>, 307<\/a>, 692<\/a>, and 811<\/a>; in 1998, chapter 676<\/a>; in 1999, chapter 111<\/a>; in 2001, chapters 679<\/a> and 699<\/a>; in 2003, chapter 263<\/a>; in 2005, chapters 146<\/a> and 162<\/a>.<\/p>","references":[{"id":72980,"section_number":"51.1-1117","catch_line":"Service retirement of participating full-time employees receiving disability benefits","order_by":null,"url":"\/51.1-1117\/"},{"id":61514,"section_number":"51.1-1161","catch_line":"Cessation of disability benefits; service retirement","order_by":null,"url":"\/51.1-1161\/"},{"id":64427,"section_number":"51.1-163","catch_line":"Death after retirement","order_by":null,"url":"\/51.1-163\/"},{"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\/"}],"refers_to":[{"id":85181,"section_number":"51.1-153","catch_line":"Service retirement","order_by":null,"url":"\/51.1-153\/"},{"id":72358,"section_number":"51.1-155","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-155\/"},{"id":68148,"section_number":"51.1-162","catch_line":"Death before retirement","order_by":null,"url":"\/51.1-162\/"},{"id":64427,"section_number":"51.1-163","catch_line":"Death after retirement","order_by":null,"url":"\/51.1-163\/"},{"id":56709,"section_number":"51.1-206","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-206\/"},{"id":58084,"section_number":"51.1-216","catch_line":"Service retirement generally","order_by":null,"url":"\/51.1-216\/"},{"id":81012,"section_number":"51.1-217","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-217\/"}],"permalink":{"id":235417,"object_type":"law","relational_id":71831,"identifier":"51.1-165","token":"51.1\/1\/9\/51.1-165","url":"\/51.1-165\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-165\/","token":"51.1\/1\/9\/51.1-165","dublin_core":{"Title":"Optional benefits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-165","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any member<\/span> not taking 50\/10 retirement as provided in \u00a7 51.1-153<\/a> or 51.1-216<\/a>, in accordance with the retirement plan covering such member<\/span>, may elect to have his retirement allowance<\/span> payable under one of the options set forth in this subsection and receive the actuarial equivalent<\/span> of the retirement allowance<\/span> otherwise payable to him. The election of an optional benefit shall be subject to the approval of the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Straight life option. — A member<\/span> may elect to receive an increased retirement allowance<\/span> in lieu of any death benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Joint and last-survivor option. — A member<\/span> may elect to receive a decreased retirement allowance<\/span> during his lifetime in order<\/span> that a fraction of such retirement allowance<\/span> be continued to a contingent annuitant at the death of the member<\/span>. The amount to be received by the contingent annuitant, in accordance with such election by the member<\/span>, shall not exceed 100 percent of the amount to be received by the member<\/span> during his lifetime nor shall it be less than 10 percent of such amount. In case of such an election, death benefits that might otherwise be provided shall not be payable upon the death of the member<\/span> unless death of the member<\/span> occurs prior to the effective date of retirement as set forth in subsection C of this section. This option may be elected if the contingent annuitant is the spouse of the member<\/span>. If the contingent annuitant is not the spouse of the member<\/span>, this option may be elected only if the actuarial present value of the payments expected to be made to the member<\/span> is greater than one-half of the actuarial present value of the total payments expected to be made to the member<\/span> and contingent annuitant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Level income option. — If a member<\/span> retires from service<\/span> prior to his retirement age<\/span>, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended), he may elect to receive an increased retirement allowance<\/span> beginning on the member<\/span>’s effective date of retirement and continuing until the member<\/span> reaches age 62 or any whole age up to his normal retirement age<\/span>, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended) and a decreased retirement allowance<\/span> thereafter, thereby providing a more nearly level retirement allowance<\/span> when such decreased retirement allowance<\/span> is added to his anticipated primary benefits under the federal Social Security Act. In determining the amount of such retirement allowance<\/span> under this option before the electing retiree reaches his retirement age<\/span>, as such term is defined under the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter amended), the Board<\/span> may use an estimate of the member<\/span>’s anticipated social security benefit for computing the amount of such retirement allowance<\/span>. Any member<\/span> electing to receive such an allowance shall not be entitled to a joint and last survivor benefit. The amount of the increased retirement allowance<\/span> shall be determined actuarially, but the election of this option shall not result in more than a 50 percent reduction in the member<\/span>’s benefit as provided in § 51.1-155<\/a>, 51.1-206<\/a>, 51.1-217<\/a>, or 51.1-306<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any member<\/span> taking 50\/10 retirement as provided in § 51.1-153<\/a> or 51.1-216<\/a>, in accordance with the retirement plan covering such member<\/span>, may elect to have his retirement allowance<\/span> payable under the option set forth in this subsection and receive the actuarial equivalent<\/span> of the retirement allowance<\/span> otherwise payable to him. The election of this optional benefit shall be subject to the approval of the Board<\/span>.\n\t\t\t50\/10 retirement joint and last-survivor option. — A member<\/span> may elect to receive a decreased retirement allowance<\/span> during his lifetime and have the retirement allowance<\/span> continued after his death to a contingent annuitant during the lifetime of such person. The retirement allowance<\/span> pursuant to this option shall be determined as provided in subdivision A 5 of § 51.1-155<\/a> or subsection A of § 51.1-217<\/a>, in accordance with the retirement plan covering such member<\/span>, except (i) the present value of future retirement benefits shall be calculated based on the life expectancies of both the member<\/span> and the contingent annuitant and (ii) the actuarially computed present value of the payments expected to be made under this option shall be actuarially equivalent to the actuarially computed present value of the payments expected to be made to the member<\/span> as determined pursuant to subdivision A 5 of § 51.1-155<\/a> or subsection A of § 51.1-217<\/a>, in accordance with the retirement plan covering such member<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. The election of any one of the options stated in this section shall be null and void if the member<\/span> dies prior to the Board<\/span> receiving written notification of the member<\/span>’s effective date of retirement. The election of a joint and last-survivor option shall be null and void if the contingent annuitant dies before the member<\/span>’s retirement. Except as provided in subdivision 2 of this subsection, in all cases where the death of the member<\/span> occurs prior to the effective date of retirement but after the Board<\/span> has received written notification of the member<\/span>’s effective date of retirement, benefits shall be paid in accordance with the provisions of \u00a7 51.1-163<\/a> and the requirement that the member<\/span> be in service<\/span> shall not apply. For purposes of this subdivision, retirement shall be deemed to commence on the effective date of a member<\/span>’s service<\/span> retirement or disability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If (i) the death of the member<\/span> occurs prior to the effective date of retirement but after the Board<\/span> has received written notification of the member<\/span>’s effective date of retirement; (ii) the member<\/span> died while in service<\/span>; (iii) at the time of the member<\/span>’s death the election for payment of the member<\/span>’s retirement allowance<\/span> was a joint and last-survivor optional retirement benefit; and (iv) the member<\/span> named his spouse, minor<\/span> child, or parent as the contingent annuitant under the joint and last-survivor optional benefit, then benefits shall be paid in accordance with the provisions of § 51.1-163<\/a>. However, if such contingent annuitant or annuitants are the same person or persons who would receive a monthly benefit under subsection B of § 51.1-162<\/a> and the monthly benefit under such subsection would be greater than the benefit provided in accordance with the provisions of § 51.1-163<\/a>, then retirement benefits shall be paid in accordance with the provisions of subsection B of § 51.1-162<\/a>.\n\t\t\t\tFor purposes of this subdivision, retirement shall be deemed to commence on the effective date of a member<\/span>’s service<\/span> retirement or disability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A member<\/span> who has elected any of the options stated in this section may revoke such an election by written notification to the Board<\/span> any time prior to the later of the effective date of retirement or the date of written notification to the Board<\/span> of retirement of the member<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A retired member<\/span> who has elected a joint and last-survivor option may, in a manner prescribed by the Board<\/span>, revoke such election and elect to receive from time of notification either the retirement allowance<\/span> to which he would have been entitled had no option been elected initially or an allowance actuarially equivalent thereto under a joint and last-survivor option with a different contingent annuitant, if (i) the original contingent annuitant has died, (ii) a final decree<\/span> of divorce of the retired member<\/span> from the original contingent annuitant has been entered, or (iii) the written consent of the original contingent annuitant, together with evidence<\/span> satisfactory to the Board<\/span> of the good health of the original contingent annuitant, is submitted with the notification. If the provisions of this subsection are invoked by a retired member<\/span> on the basis of the member<\/span>’s having been divorced from his contingent annuitant and the marriage had been of a duration of 20 years or more, the provisions of this subsection shall not be applicable until the death or remarriage of the former spouse unless such spouse consents in writing to the revocation<\/span> of the option prior to death or remarriage.\n\t\t\tIf such an election is made as a result of the death or divorce of the contingent annuitant, the benefit payable to the retired member<\/span> may be adjusted retroactively for a period of not more than 60 days from the date the Board<\/span> first receives notification of the desire of the retired member<\/span> to make such a change. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Subject to the provisions of subsection E of this section, any member<\/span> who retires on or after July 1, 1986, and returns to covered employment shall not be entitled to select a different optional benefit upon making application for retirement a second or subsequent time. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOPTIONAL BENEFITS (\u00a7 51.1-165)\n\nA. Any member not taking 50\/10 retirement as provided in \u00a7 51.1-153 or\n51.1-216, in accordance with the retirement plan covering such member, may elect\nto have his retirement allowance payable under one of the options set forth in\nthis subsection and receive the actuarial equivalent of the retirement allowance\notherwise payable to him. The election of an optional benefit shall be subject\nto the approval of the Board.\n\n 1. Straight life option. — A member may elect to receive an increased\n retirement allowance in lieu of any death benefits.\n\n 2. Joint and last-survivor option. — A member may elect to receive a\n decreased retirement allowance during his lifetime in order that a fraction of\n such retirement allowance be continued to a contingent annuitant at the death\n of the member. The amount to be received by the contingent annuitant, in\n accordance with such election by the member, shall not exceed 100 percent of\n the amount to be received by the member during his lifetime nor shall it be\n less than 10 percent of such amount. In case of such an election, death\n benefits that might otherwise be provided shall not be payable upon the death\n of the member unless death of the member occurs prior to the effective date of\n retirement as set forth in subsection C of this section. This option may be\n elected if the contingent annuitant is the spouse of the member. If the\n contingent annuitant is not the spouse of the member, this option may be\n elected only if the actuarial present value of the payments expected to be\n made to the member is greater than one-half of the actuarial present value of\n the total payments expected to be made to the member and contingent annuitant.\n\n 3. Level income option. — If a member retires from service prior to his\n retirement age, as such term is defined under the Social Security Act (42\n U.S.C. § 416 et seq., as now or hereafter amended), he may elect to\n receive an increased retirement allowance beginning on the member’s\n effective date of retirement and continuing until the member reaches age 62 or\n any whole age up to his normal retirement age, as such term is defined under\n the Social Security Act (42 U.S.C. § 416 et seq., as now or hereafter\n amended) and a decreased retirement allowance thereafter, thereby providing a\n more nearly level retirement allowance when such decreased retirement\n allowance is added to his anticipated primary benefits under the federal\n Social Security Act. In determining the amount of such retirement allowance\n under this option before the electing retiree reaches his retirement age, as\n such term is defined under the Social Security Act (42 U.S.C. § 416 et\n seq., as now or hereafter amended), the Board may use an estimate of the\n member’s anticipated social security benefit for computing the amount of\n such retirement allowance. Any member electing to receive such an allowance\n shall not be entitled to a joint and last survivor benefit. The amount of the\n increased retirement allowance shall be determined actuarially, but the\n election of this option shall not result in more than a 50 percent reduction\n in the member’s benefit as provided in § 51.1-155, 51.1-206,\n 51.1-217, or 51.1-306.\n\nB. Any member taking 50\/10 retirement as provided in § 51.1-153 or\n51.1-216, in accordance with the retirement plan covering such member, may elect\nto have his retirement allowance payable under the option set forth in this\nsubsection and receive the actuarial equivalent of the retirement allowance\notherwise payable to him. The election of this optional benefit shall be subject\nto the approval of the Board.\n\t\t\t50\/10 retirement joint and last-survivor option. — A member may elect\nto receive a decreased retirement allowance during his lifetime and have the\nretirement allowance continued after his death to a contingent annuitant during\nthe lifetime of such person. The retirement allowance pursuant to this option\nshall be determined as provided in subdivision A 5 of § 51.1-155 or\nsubsection A of § 51.1-217, in accordance with the retirement plan covering\nsuch member, except (i) the present value of future retirement benefits shall be\ncalculated based on the life expectancies of both the member and the contingent\nannuitant and (ii) the actuarially computed present value of the payments\nexpected to be made under this option shall be actuarially equivalent to the\nactuarially computed present value of the payments expected to be made to the\nmember as determined pursuant to subdivision A 5 of § 51.1-155 or\nsubsection A of § 51.1-217, in accordance with the retirement plan covering\nsuch member.\n\nC. 1. The election of any one of the options stated in this section shall be\nnull and void if the member dies prior to the Board receiving written\nnotification of the member’s effective date of retirement. The election of\na joint and last-survivor option shall be null and void if the contingent\nannuitant dies before the member’s retirement. Except as provided in\nsubdivision 2 of this subsection, in all cases where the death of the member\noccurs prior to the effective date of retirement but after the Board has\nreceived written notification of the member’s effective date of\nretirement, benefits shall be paid in accordance with the provisions of \u00a7\n51.1-163 and the requirement that the member be in service shall not apply. For\npurposes of this subdivision, retirement shall be deemed to commence on the\neffective date of a member’s service retirement or disability.\n\n 2. If (i) the death of the member occurs prior to the effective date of\n retirement but after the Board has received written notification of the\n member’s effective date of retirement; (ii) the member died while in\n service; (iii) at the time of the member’s death the election for\n payment of the member’s retirement allowance was a joint and\n last-survivor optional retirement benefit; and (iv) the member named his\n spouse, minor child, or parent as the contingent annuitant under the joint and\n last-survivor optional benefit, then benefits shall be paid in accordance with\n the provisions of § 51.1-163. However, if such contingent annuitant or\n annuitants are the same person or persons who would receive a monthly benefit\n under subsection B of § 51.1-162 and the monthly benefit under such\n subsection would be greater than the benefit provided in accordance with the\n provisions of § 51.1-163, then retirement benefits shall be paid in\n accordance with the provisions of subsection B of § 51.1-162.\n \t\t\t\tFor purposes of this subdivision, retirement shall be deemed to commence\n on the effective date of a member’s service retirement or disability.\n\nD. A member who has elected any of the options stated in this section may revoke\nsuch an election by written notification to the Board any time prior to the\nlater of the effective date of retirement or the date of written notification to\nthe Board of retirement of the member.\n\nE. A retired member who has elected a joint and last-survivor option may, in a\nmanner prescribed by the Board, revoke such election and elect to receive from\ntime of notification either the retirement allowance to which he would have been\nentitled had no option been elected initially or an allowance actuarially\nequivalent thereto under a joint and last-survivor option with a different\ncontingent annuitant, if (i) the original contingent annuitant has died, (ii) a\nfinal decree of divorce of the retired member from the original contingent\nannuitant has been entered, or (iii) the written consent of the original\ncontingent annuitant, together with evidence satisfactory to the Board of the\ngood health of the original contingent annuitant, is submitted with the\nnotification. If the provisions of this subsection are invoked by a retired\nmember on the basis of the member’s having been divorced from his\ncontingent annuitant and the marriage had been of a duration of 20 years or\nmore, the provisions of this subsection shall not be applicable until the death\nor remarriage of the former spouse unless such spouse consents in writing to the\nrevocation of the option prior to death or remarriage.\n\t\t\tIf such an election is made as a result of the death or divorce of the\ncontingent annuitant, the benefit payable to the retired member may be adjusted\nretroactively for a period of not more than 60 days from the date the Board\nfirst receives notification of the desire of the retired member to make such a\nchange.\n\nF. Subject to the provisions of subsection E of this section, any member who\nretires on or after July 1, 1986, and returns to covered employment shall not be\nentitled to select a different optional benefit upon making application for\nretirement a second or subsequent time.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.60; 1956, c. 560; 1966, c. 174; 1970, c. 476;\n1974, c. 353; 1975, c. 597; 1976, cc. 511, 542; 1978, c. 841; 1980, cc. 85, 642,\n646; 1982, c. 581; 1986, c. 474; 1990, c. 832; 1992, cc. 518, 548, 811; 1993, c.\n548; 1995, cc. 152, 307, 692, 811; 1998, c. 676; 1999, c. 111; 2001, cc. 679,\n699; 2003, c. 263; 2005, cc. 146, 162.","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}}