{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-168.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-168.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-168.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-168.html"}],"law_id":57811,"edition_id":1,"section_id":57811,"structure_id":14048,"section_number":"51.1-168","catch_line":"Limits on creditable compensation; maximum benefits; mandatory payment of allowance","history":"1990, c. 832; 1995, c. 307; 1998, c. 389; 2000, c. 502; 2002, c. 435; 2005, c. 728; 2015, c. 660; 2021, Sp. Sess. I, cc. 53, 54.","full_text":"A\n\nNotwithstanding any other provision of law, creditable compensation used for computing any benefit or employee contribution under or to the Retirement System shall not exceed $200,000 (as adjusted in $5,000 increments from time to time by the adjustment factor described in I.R.C. § 415 (d) on the basis of a base period of the calendar quarter beginning July 1, 2001). In determining average final compensation for periods beginning on or after July 1, 2001, the limit on creditable compensation applied to compensation attributable to periods prior to July 1, 2001, shall be $200,000. Notwithstanding the foregoing, compensation for any employee who became a member of the Retirement System (i) prior to the ninetieth day after the opening date of the 1996 Session of the General Assembly, on whose behalf employee or employer contributions are made into the Retirement System, and for whom annual compensation is used for computing any benefit, shall not exceed the limit on compensation as adjusted by the Commissioner of the Internal Revenue Service pursuant to the transition provisions applicable to eligible participants under state and local governmental plans under I.R.C. § 401 (a)(17) as amended in 1993 and as contained in § 13212 (d)(3) of the Omnibus Budget Reconciliation Act of 1993 (P. L. 103-66).B\n\nNotwithstanding any other provision of law, the annual benefit under the Retirement System of a member and any related death or other benefit shall, if necessary, be reduced to the extent required by § 415 (b) of the Internal Revenue Code, as adjusted by the Secretary of the Treasury pursuant to § 415 (d) of the Internal Revenue Code. Any adjustment pursuant to § 415 (d) of the Internal Revenue Code shall apply to all members including those who have died, retired, or otherwise terminated service with a nonforfeitable right to a retirement allowance before the effective date of such adjustment. If an employee participating in the Retirement System is also a participant in another defined benefit plan sponsored or maintained by an employer participating in the Retirement System and subject to the limitations under § 415 of the Internal Revenue Code, such employer shall apply the combined limit test required by § 415 (b) of the Internal Revenue Code to all such plans, to the extent required by § 415 of the Internal Revenue Code. Whenever a reduction in annual benefits is required to meet the annual benefit limit required by § 415 (b) of the Internal Revenue Code, the annual benefits under such employer’s other plan or plans will be reduced before benefits under the Retirement System.C\n\nAny vendor for a defined benefit plan sponsored or maintained by an employer that participates in the Retirement System shall (i) request and maintain the records needed, (ii) perform the testing services required to assure compliance with the limitations described in § 415 (b) of the Internal Revenue Code, including testing required where the employer maintains or sponsors another plan that must be tested together with the Retirement System, and (iii) advise the employer of any annual benefit that exceeds the applicable limitation. If there is no vendor for these services, the employer shall (a) request and maintain the records needed, (b) perform the testing services required to assure compliance with the limitations described in § 415 (b) of the Internal Revenue Code, including testing required where the employer maintains or sponsors another plan that must be tested together with the Retirement System, and (c) reduce any annual benefit that exceeds the applicable limitation.D\n\nOn and after January 1, 1989, the retirement allowance of a member who has terminated employment shall begin no later than the later of (i) April 1 of the calendar year following the calendar year that the member attains the required age as provided in the Internal Revenue Code of 1986, as amended, or (ii) April 1 of the calendar year following the calendar year in which the member terminates employment. If the member fails, following reasonable notification, to elect a form of payment by such required beginning date, the retirement allowance shall be paid as a single life annuity and the spousal acknowledgement otherwise required by § 51.1-165.1 shall not be required. Notwithstanding any other provisions of law, § 401(a)(9) of the Internal Revenue Code, as amended or renumbered, and the regulations thereunder applicable to governmental plans are incorporated by reference.","order_by":null,"text":{"0":{"id":211702,"text":"Notwithstanding any other provision of law, creditable compensation used for computing any benefit or employee contribution under or to the Retirement System shall not exceed $200,000 (as adjusted in $5,000 increments from time to time by the adjustment factor described in I.R.C. § 415 (d) on the basis of a base period of the calendar quarter beginning July 1, 2001). In determining average final compensation for periods beginning on or after July 1, 2001, the limit on creditable compensation applied to compensation attributable to periods prior to July 1, 2001, shall be $200,000. Notwithstanding the foregoing, compensation for any employee who became a member of the Retirement System (i) prior to the ninetieth day after the opening date of the 1996 Session of the General Assembly, on whose behalf employee or employer contributions are made into the Retirement System, and for whom annual compensation is used for computing any benefit, shall not exceed the limit on compensation as adjusted by the Commissioner of the Internal Revenue Service pursuant to the transition provisions applicable to eligible participants under state and local governmental plans under I.R.C. § 401 (a)(17) as amended in 1993 and as contained in § 13212 (d)(3) of the Omnibus Budget Reconciliation Act of 1993 (P. L. 103-66).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211703,"text":"Notwithstanding any other provision of law, the annual benefit under the Retirement System of a member and any related death or other benefit shall, if necessary, be reduced to the extent required by § 415 (b) of the Internal Revenue Code, as adjusted by the Secretary of the Treasury pursuant to § 415 (d) of the Internal Revenue Code. Any adjustment pursuant to § 415 (d) of the Internal Revenue Code shall apply to all members including those who have died, retired, or otherwise terminated service with a nonforfeitable right to a retirement allowance before the effective date of such adjustment. If an employee participating in the Retirement System is also a participant in another defined benefit plan sponsored or maintained by an employer participating in the Retirement System and subject to the limitations under § 415 of the Internal Revenue Code, such employer shall apply the combined limit test required by § 415 (b) of the Internal Revenue Code to all such plans, to the extent required by § 415 of the Internal Revenue Code. Whenever a reduction in annual benefits is required to meet the annual benefit limit required by § 415 (b) of the Internal Revenue Code, the annual benefits under such employer’s other plan or plans will be reduced before benefits under the Retirement System.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211704,"text":"Any vendor for a defined benefit plan sponsored or maintained by an employer that participates in the Retirement System shall (i) request and maintain the records needed, (ii) perform the testing services required to assure compliance with the limitations described in § 415 (b) of the Internal Revenue Code, including testing required where the employer maintains or sponsors another plan that must be tested together with the Retirement System, and (iii) advise the employer of any annual benefit that exceeds the applicable limitation. If there is no vendor for these services, the employer shall (a) request and maintain the records needed, (b) perform the testing services required to assure compliance with the limitations described in § 415 (b) of the Internal Revenue Code, including testing required where the employer maintains or sponsors another plan that must be tested together with the Retirement System, and (c) reduce any annual benefit that exceeds the applicable limitation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211705,"text":"On and after January 1, 1989, the retirement allowance of a member who has terminated employment shall begin no later than the later of (i) April 1 of the calendar year following the calendar year that the member attains the required age as provided in the Internal Revenue Code of 1986, as amended, or (ii) April 1 of the calendar year following the calendar year in which the member terminates employment. If the member fails, following reasonable notification, to elect a form of payment by such required beginning date, the retirement allowance shall be paid as a single life annuity and the spousal acknowledgement otherwise required by § 51.1-165.1 shall not be required. Notwithstanding any other provisions of law, § 401(a)(9) of the Internal Revenue Code, as amended or renumbered, and the regulations thereunder applicable to governmental plans are incorporated by reference.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-168\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 832 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1995, chapter 307<\/a>; in 1998, chapter 389<\/a>; in 2000, chapter 502<\/a>; in 2002, chapter 435<\/a>; in 2005, chapter 728<\/a>; in 2015, chapter 660<\/a>.<\/p>","references":[{"id":65889,"section_number":"51.1-1301","catch_line":"Benefit restoration plan for employees; administration by the Board","order_by":null,"url":"\/51.1-1301\/"},{"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":66610,"section_number":"51.1-165.1","catch_line":"Acknowledgment by spouse of member","order_by":null,"url":"\/51.1-165.1\/"}],"permalink":{"id":235437,"object_type":"law","relational_id":57811,"identifier":"51.1-168","token":"51.1\/1\/9\/51.1-168","url":"\/51.1-168\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-168\/","token":"51.1\/1\/9\/51.1-168","dublin_core":{"Title":"Limits on creditable compensation; maximum benefits; mandatory payment of allowance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-168","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, creditable compensation<\/span> used for computing any benefit or employee<\/span> contribution under or to the Retirement System<\/span> shall not exceed $200,000 (as adjusted in $5,000 increments from time to time by the adjustment factor described in I.R.C. § 415 (d) on the basis of a base period of the calendar quarter beginning July 1, 2001). In determining average final compensation<\/span> for periods beginning on or after July 1, 2001, the limit on creditable compensation<\/span> applied to compensation attributable to periods prior to July 1, 2001, shall be $200,000. Notwithstanding the foregoing, compensation for any employee<\/span> who became a member<\/span> of the Retirement System<\/span> (i) prior to the ninetieth day after the opening date of the 1996 Session of the General Assembly, on whose behalf employee<\/span> or employer<\/span> contributions are made into the Retirement System<\/span>, and for whom annual compensation is used for computing any benefit, shall not exceed the limit on compensation as adjusted by the Commissioner of the Internal Revenue Service<\/span> pursuant to the transition provisions applicable to eligible participants under state and local governmental plans under I.R.C. § 401 (a)(17) as amended in 1993 and as contained in § 13212 (d)(3) of the Omnibus Budget Reconciliation Act of 1993 (P. L. 103-66). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span>, the annual benefit under the Retirement System<\/span> of a member<\/span> and any related death or other benefit shall, if necessary, be reduced to the extent required by § 415 (b) of the Internal Revenue Code, as adjusted by the Secretary of the Treasury pursuant to § 415 (d) of the Internal Revenue Code. Any adjustment pursuant to § 415 (d) of the Internal Revenue Code shall apply to all members<\/span> including those who have died, retired, or otherwise terminated service<\/span> with a nonforfeitable right to a retirement allowance<\/span> before the effective date of such adjustment. If an employee<\/span> participating in the Retirement System<\/span> is also a participant in another defined benefit plan sponsored or maintained by an employer<\/span> participating in the Retirement System<\/span> and subject to the limitations under § 415 of the Internal Revenue Code, such employer<\/span> shall apply the combined limit test required by § 415 (b) of the Internal Revenue Code to all such plans, to the extent required by § 415 of the Internal Revenue Code. Whenever a reduction in annual benefits is required to meet the annual benefit limit required by § 415 (b) of the Internal Revenue Code, the annual benefits under such employer<\/span>’s other plan or plans will be reduced before benefits under the Retirement System<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any vendor for a defined benefit plan sponsored or maintained by an employer<\/span> that participates in the Retirement System<\/span> shall (i) request and maintain the records needed, (ii) perform the testing services<\/span> required to assure compliance with the limitations described in § 415 (b) of the Internal Revenue Code, including testing required where the employer<\/span> maintains or sponsors another plan that must be tested together with the Retirement System<\/span>, and (iii) advise the employer<\/span> of any annual benefit that exceeds the applicable limitation. If there is no vendor for these services<\/span>, the employer<\/span> shall (a) request and maintain the records needed, (b) perform the testing services<\/span> required to assure compliance with the limitations described in § 415 (b) of the Internal Revenue Code, including testing required where the employer<\/span> maintains or sponsors another plan that must be tested together with the Retirement System<\/span>, and (c) reduce any annual benefit that exceeds the applicable limitation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> On and after January 1, 1989, the retirement allowance<\/span> of a member<\/span> who has terminated employment shall begin no later than the later of (i) April 1 of the calendar year following the calendar year that the member<\/span> attains the required age as provided in the Internal Revenue Code of 1986, as amended, or (ii) April 1 of the calendar year following the calendar year in which the member<\/span> terminates employment. If the member<\/span> fails, following reasonable notification, to elect a form of payment by such required beginning date, the retirement allowance<\/span> shall be paid as a single life annuity and the spousal acknowledgement otherwise required by § 51.1-165.1<\/a> shall not be required. Notwithstanding any other provisions of law<\/span>, § 401(a)(9) of the Internal Revenue Code, as amended or renumbered, and the regulations thereunder applicable to governmental plans are incorporated by reference. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITS ON CREDITABLE COMPENSATION; MAXIMUM BENEFITS; MANDATORY PAYMENT OF\nALLOWANCE (\u00a7 51.1-168)\n\nA. Notwithstanding any other provision of law, creditable compensation used for\ncomputing any benefit or employee contribution under or to the Retirement System\nshall not exceed $200,000 (as adjusted in $5,000 increments from time to time by\nthe adjustment factor described in I.R.C. § 415 (d) on the basis of a base\nperiod of the calendar quarter beginning July 1, 2001). In determining average\nfinal compensation for periods beginning on or after July 1, 2001, the limit on\ncreditable compensation applied to compensation attributable to periods prior to\nJuly 1, 2001, shall be $200,000. Notwithstanding the foregoing, compensation for\nany employee who became a member of the Retirement System (i) prior to the\nninetieth day after the opening date of the 1996 Session of the General\nAssembly, on whose behalf employee or employer contributions are made into the\nRetirement System, and for whom annual compensation is used for computing any\nbenefit, shall not exceed the limit on compensation as adjusted by the\nCommissioner of the Internal Revenue Service pursuant to the transition\nprovisions applicable to eligible participants under state and local\ngovernmental plans under I.R.C. § 401 (a)(17) as amended in 1993 and as\ncontained in § 13212 (d)(3) of the Omnibus Budget Reconciliation Act of\n1993 (P. L. 103-66).\n\nB. Notwithstanding any other provision of law, the annual benefit under the\nRetirement System of a member and any related death or other benefit shall, if\nnecessary, be reduced to the extent required by § 415 (b) of the Internal\nRevenue Code, as adjusted by the Secretary of the Treasury pursuant to §\n415 (d) of the Internal Revenue Code. Any adjustment pursuant to § 415 (d)\nof the Internal Revenue Code shall apply to all members including those who have\ndied, retired, or otherwise terminated service with a nonforfeitable right to a\nretirement allowance before the effective date of such adjustment. If an\nemployee participating in the Retirement System is also a participant in another\ndefined benefit plan sponsored or maintained by an employer participating in the\nRetirement System and subject to the limitations under § 415 of the\nInternal Revenue Code, such employer shall apply the combined limit test\nrequired by § 415 (b) of the Internal Revenue Code to all such plans, to\nthe extent required by § 415 of the Internal Revenue Code. Whenever a\nreduction in annual benefits is required to meet the annual benefit limit\nrequired by § 415 (b) of the Internal Revenue Code, the annual benefits\nunder such employer’s other plan or plans will be reduced before benefits\nunder the Retirement System.\n\nC. Any vendor for a defined benefit plan sponsored or maintained by an employer\nthat participates in the Retirement System shall (i) request and maintain the\nrecords needed, (ii) perform the testing services required to assure compliance\nwith the limitations described in § 415 (b) of the Internal Revenue Code,\nincluding testing required where the employer maintains or sponsors another plan\nthat must be tested together with the Retirement System, and (iii) advise the\nemployer of any annual benefit that exceeds the applicable limitation. If there\nis no vendor for these services, the employer shall (a) request and maintain the\nrecords needed, (b) perform the testing services required to assure compliance\nwith the limitations described in § 415 (b) of the Internal Revenue Code,\nincluding testing required where the employer maintains or sponsors another plan\nthat must be tested together with the Retirement System, and (c) reduce any\nannual benefit that exceeds the applicable limitation.\n\nD. On and after January 1, 1989, the retirement allowance of a member who has\nterminated employment shall begin no later than the later of (i) April 1 of the\ncalendar year following the calendar year that the member attains the required\nage as provided in the Internal Revenue Code of 1986, as amended, or (ii) April\n1 of the calendar year following the calendar year in which the member\nterminates employment. If the member fails, following reasonable notification,\nto elect a form of payment by such required beginning date, the retirement\nallowance shall be paid as a single life annuity and the spousal acknowledgement\notherwise required by § 51.1-165.1 shall not be required. Notwithstanding\nany other provisions of law, § 401(a)(9) of the Internal Revenue Code, as\namended or renumbered, and the regulations thereunder applicable to governmental\nplans are incorporated by reference.\n\nHISTORY: 1990, c. 832; 1995, c. 307; 1998, c. 389; 2000, c. 502; 2002, c. 435;\n2005, c. 728; 2015, c. 660; 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}}