{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-216.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-216.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-216.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-216.html"}],"law_id":58084,"edition_id":1,"section_id":58084,"structure_id":12948,"section_number":"51.1-216","catch_line":"Service retirement generally","history":"1999, c. 585; 2000, cc. 66, 657, 911; 2001, c. 804; 2002, c. 466; 2004, c. 83; 2011, c. 483.","full_text":"A\n\nNormal retirement.1\n\nAny employee commencing employment or reemployment on or after July 1, 2001, and any employee who makes the election provided in § 51.1-221, who is a member in service in any retirement program administered by the Virginia Retirement System at his normal retirement date with five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138, may retire upon written notification to the Board, setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.2\n\nAny other employee who is a member in service at his normal retirement date with five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138 may retire upon written notification to the Board, setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.B\n\nEarly retirement.1\n\nAny employee commencing employment or reemployment on or after July 1, 2001, and any employee who makes the election provided in § 51.1-221, who is a member in service in any retirement program administered by the Virginia Retirement System other than the program established by this chapter shall retire pursuant to the early retirement provisions of the retirement program of which he is a member at the time of retirement.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.2\n\nAny other employee who is a member in service and who has attained his fiftieth birthday with five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138 may retire upon written notification to the Board setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.C\n\nDeferred retirement for members terminating service.1\n\nAny employee commencing employment or reemployment on or after July 1, 2001, and any employee who makes the election provided in § 51.1-221, who terminates service from any position with membership in any retirement program administered by the Virginia Retirement System, may retire under the provisions of subdivision A 1 or B 1 if (i) he is otherwise eligible for such benefits, (ii) he has not withdrawn his accumulated contributions prior to the effective date of his retirement, and (iii) he has five or more years of creditable service (a) as a member in the retirement system established by this chapter, (b) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (c) while earning the benefits permitted by § 51.1-138 for which his employer has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the member being in service shall not apply. No member shall be entitled to the benefits of this subsection if his employer certifies that his service was terminated because of dishonesty, malfeasance, or misfeasance in office. The certification may be appealed to the Board.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.2\n\nAny other member who terminates service after five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138 may retire under the provisions of subdivision A 2 or B 2 if he has not withdrawn his accumulated contributions prior to the effective date of his retirement or if he has five or more years of creditable service (a) as a member in the retirement system established by this chapter, (b) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (c) while earning the benefits permitted by § 51.1-138 for which his employer has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the member being in service shall not apply.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.D\n\nEffective date of retirement. — The effective date of retirement shall be after the last day of service, but shall not be more than 90 days prior to the filing of the notice of retirement.E\n\nNotification on behalf of member. — If the member is physically or mentally unable to submit written notification of his intention to retire, the member’s appointing authority may submit notification on his behalf.","order_by":null,"text":{"0":{"id":212778,"text":"Normal retirement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":212779,"text":"Any employee commencing employment or reemployment on or after July 1, 2001, and any employee who makes the election provided in § 51.1-221, who is a member in service in any retirement program administered by the Virginia Retirement System at his normal retirement date with five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138, may retire upon written notification to the Board, setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":212780,"text":"Any other employee who is a member in service at his normal retirement date with five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138 may retire upon written notification to the Board, setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":212781,"text":"Early retirement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":212782,"text":"Any employee commencing employment or reemployment on or after July 1, 2001, and any employee who makes the election provided in § 51.1-221, who is a member in service in any retirement program administered by the Virginia Retirement System other than the program established by this chapter shall retire pursuant to the early retirement provisions of the retirement program of which he is a member at the time of retirement.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":212783,"text":"Any other employee who is a member in service and who has attained his fiftieth birthday with five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138 may retire upon written notification to the Board setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":212784,"text":"Deferred retirement for members terminating service.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"7":{"id":212785,"text":"Any employee commencing employment or reemployment on or after July 1, 2001, and any employee who makes the election provided in § 51.1-221, who terminates service from any position with membership in any retirement program administered by the Virginia Retirement System, may retire under the provisions of subdivision A 1 or B 1 if (i) he is otherwise eligible for such benefits, (ii) he has not withdrawn his accumulated contributions prior to the effective date of his retirement, and (iii) he has five or more years of creditable service (a) as a member in the retirement system established by this chapter, (b) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (c) while earning the benefits permitted by § 51.1-138 for which his employer has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the member being in service shall not apply. No member shall be entitled to the benefits of this subsection if his employer certifies that his service was terminated because of dishonesty, malfeasance, or misfeasance in office. The certification may be appealed to the Board.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":212786,"text":"Any other member who terminates service after five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138 may retire under the provisions of subdivision A 2 or B 2 if he has not withdrawn his accumulated contributions prior to the effective date of his retirement or if he has five or more years of creditable service (a) as a member in the retirement system established by this chapter, (b) as a member in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this title, or (c) while earning the benefits permitted by § 51.1-138 for which his employer has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the member being in service shall not apply.\n\t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2 (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138 and 51.1-205.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"9":{"id":212787,"text":"Effective date of retirement. — The effective date of retirement shall be after the last day of service, but shall not be more than 90 days prior to the filing of the notice of retirement.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"10":{"id":212788,"text":"Notification on behalf of member. — If the member is physically or mentally unable to submit written notification of his intention to retire, the member’s appointing authority may submit notification on his behalf.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12948,"edition_id":1,"name":"Virginia Law Officers' Retirement System","identifier":"2.1","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235951,"object_type":"structure","relational_id":12948,"identifier":"2.1","token":"51.1\/2.1","url":"\/51.1\/2.1\/","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":74746,"structure_id":12948,"section_number":"51.1-211","catch_line":"Virginia Law Officers' Retirement System; application of provisions of Virginia Retirement System","url":"\/51.1-211\/","token":"51.1\/2.1\/51.1-211","metadata":false},{"id":86530,"structure_id":12948,"section_number":"51.1-212","catch_line":"Definitions","url":"\/51.1-212\/","token":"51.1\/2.1\/51.1-212","metadata":false},{"id":77513,"structure_id":12948,"section_number":"51.1-213","catch_line":"Membership in Retirement System","url":"\/51.1-213\/","token":"51.1\/2.1\/51.1-213","metadata":false},{"id":77357,"structure_id":12948,"section_number":"51.1-214","catch_line":"Creditable service","url":"\/51.1-214\/","token":"51.1\/2.1\/51.1-214","metadata":false},{"id":59156,"structure_id":12948,"section_number":"51.1-215","catch_line":"Contributions by Commonwealth","url":"\/51.1-215\/","token":"51.1\/2.1\/51.1-215","metadata":false},{"id":58084,"structure_id":12948,"section_number":"51.1-216","catch_line":"Service retirement generally","url":"\/51.1-216\/","token":"51.1\/2.1\/51.1-216","metadata":false},{"id":81012,"structure_id":12948,"section_number":"51.1-217","catch_line":"Service retirement allowance","url":"\/51.1-217\/","token":"51.1\/2.1\/51.1-217","metadata":false},{"id":54046,"structure_id":12948,"section_number":"51.1-218","catch_line":"Death before retirement","url":"\/51.1-218\/","token":"51.1\/2.1\/51.1-218","metadata":false},{"id":70490,"structure_id":12948,"section_number":"51.1-219","catch_line":"Post-retirement supplements","url":"\/51.1-219\/","token":"51.1\/2.1\/51.1-219","metadata":false},{"id":79980,"structure_id":12948,"section_number":"51.1-220","catch_line":"Disability benefit","url":"\/51.1-220\/","token":"51.1\/2.1\/51.1-220","metadata":false},{"id":56140,"structure_id":12948,"section_number":"51.1-221","catch_line":"Election of benefits","url":"\/51.1-221\/","token":"51.1\/2.1\/51.1-221","metadata":false}],"previous_section":{"id":59156,"structure_id":12948,"section_number":"51.1-215","catch_line":"Contributions by Commonwealth","url":"\/51.1-215\/","token":"51.1\/2.1\/51.1-215","metadata":false},"next_section":{"id":81012,"structure_id":12948,"section_number":"51.1-217","catch_line":"Service retirement allowance","url":"\/51.1-217\/","token":"51.1\/2.1\/51.1-217","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-216\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 585<\/a> 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. It has been modified 5 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 2000, chapters 66<\/a>, 657<\/a>, and 911<\/a>; in 2001, chapter 804<\/a>; in 2002, chapter 466<\/a>; in 2004, chapter 83<\/a>; in 2011, chapter 483<\/a>.<\/p>","references":[{"id":76756,"section_number":"2.2-3204","catch_line":"Retirement program","order_by":null,"url":"\/2.2-3204\/"},{"id":60634,"section_number":"51.1-138","catch_line":"Benefits","order_by":null,"url":"\/51.1-138\/"},{"id":71831,"section_number":"51.1-165","catch_line":"Optional benefits","order_by":null,"url":"\/51.1-165\/"},{"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\/"},{"id":81012,"section_number":"51.1-217","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-217\/"},{"id":79980,"section_number":"51.1-220","catch_line":"Disability benefit","order_by":null,"url":"\/51.1-220\/"}],"refers_to":[{"id":83640,"section_number":"51.1-100","catch_line":"Repealed","order_by":null,"url":"\/51.1-100\/"},{"id":60634,"section_number":"51.1-138","catch_line":"Benefits","order_by":null,"url":"\/51.1-138\/"},{"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":56140,"section_number":"51.1-221","catch_line":"Election of benefits","order_by":null,"url":"\/51.1-221\/"}],"permalink":{"id":235973,"object_type":"law","relational_id":58084,"identifier":"51.1-216","token":"51.1\/2.1\/51.1-216","url":"\/51.1-216\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-216\/","token":"51.1\/2.1\/51.1-216","dublin_core":{"Title":"Service retirement generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-216","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Normal retirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any employee<\/span> commencing employment or reemployment on or after July 1, 2001, and any employee<\/span> who makes the election provided in § 51.1-221<\/a>, who is a member<\/span> in service in any retirement program administered by the Virginia Retirement System<\/span> at his normal retirement date<\/span> with five or more years of creditable service (i) as a member<\/span> in the retirement system<\/span> established by this chapter, (ii) as a member<\/span> in the retirement system<\/span> established by Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138<\/a>, may retire upon written notification to the Board, setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee<\/span> in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100<\/a> et seq.) of this title, Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138<\/a> and 51.1-205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any other employee<\/span> who is a member<\/span> in service at his normal retirement date<\/span> with five or more years of creditable service (i) as a member<\/span> in the retirement system<\/span> established by this chapter, (ii) as a member<\/span> in the retirement system<\/span> established by Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138<\/a> may retire upon written notification to the Board, setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee<\/span> in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100<\/a> et seq.) of this title, Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138<\/a> and 51.1-205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Early retirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any employee<\/span> commencing employment or reemployment on or after July 1, 2001, and any employee<\/span> who makes the election provided in § 51.1-221<\/a>, who is a member<\/span> in service in any retirement program administered by the Virginia Retirement System<\/span> other than the program established by this chapter shall retire pursuant to the early retirement provisions of the retirement program of which he is a member<\/span> at the time of retirement.\n\t\t\t\tEffective December 31, 2003, any employee<\/span> in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100<\/a> et seq.) of this title, Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138<\/a> and 51.1-205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any other employee<\/span> who is a member<\/span> in service and who has attained his fiftieth birthday with five or more years of creditable service (i) as a member<\/span> in the retirement system<\/span> established by this chapter, (ii) as a member<\/span> in the retirement system<\/span> established by Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138<\/a> may retire upon written notification to the Board setting forth the date the retirement is to become effective.\n\t\t\t\tEffective December 31, 2003, any employee<\/span> in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100<\/a> et seq.) of this title, Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138<\/a> and 51.1-205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Deferred retirement for members<\/span> terminating service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any employee<\/span> commencing employment or reemployment on or after July 1, 2001, and any employee<\/span> who makes the election provided in § 51.1-221<\/a>, who terminates service from any position with membership in any retirement program administered by the Virginia Retirement System<\/span>, may retire under the provisions of subdivision A 1 or B 1 if (i) he is otherwise eligible for such benefits, (ii) he has not withdrawn his accumulated contributions prior to the effective date of his retirement, and (iii) he has five or more years of creditable service (a) as a member<\/span> in the retirement system<\/span> established by this chapter, (b) as a member<\/span> in the retirement system<\/span> established by Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or (c) while earning the benefits permitted by § 51.1-138<\/a> for which his employer has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the member<\/span> being in service shall not apply. No member<\/span> shall be entitled to the benefits of this subsection if his employer certifies that his service was terminated because of dishonesty, malfeasance, or misfeasance in office. The certification may be appealed to the Board.\n\t\t\t\tEffective December 31, 2003, any employee<\/span> in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100<\/a> et seq.) of this title, Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138<\/a> and 51.1-205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any other member<\/span> who terminates service after five or more years of creditable service (i) as a member<\/span> in the retirement system<\/span> established by this chapter, (ii) as a member<\/span> in the retirement system<\/span> established by Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or (iii) while earning the benefits permitted by § 51.1-138<\/a> may retire under the provisions of subdivision A 2 or B 2 if he has not withdrawn his accumulated contributions prior to the effective date of his retirement or if he has five or more years of creditable service (a) as a member<\/span> in the retirement system<\/span> established by this chapter, (b) as a member<\/span> in the retirement system<\/span> established by Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or (c) while earning the benefits permitted by § 51.1-138<\/a> for which his employer has paid the contributions and such contributions cannot be withdrawn. For the purposes of this subsection, any requirements as to the member<\/span> being in service shall not apply.\n\t\t\t\tEffective December 31, 2003, any employee<\/span> in service on June 30, 2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under Chapter 1 (§ 51.1-100<\/a> et seq.) of this title, Chapter 2 (§ 51.1-200<\/a> et seq.) of this title, or this chapter shall not be subject to the vesting requirements of this section, and §§ 51.1-138<\/a> and 51.1-205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Effective date of retirement. — The effective date of retirement shall be after the last day of service, but shall not be more than 90 days prior to the filing of the notice of retirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notification on behalf of member<\/span>. — If the member<\/span> is physically or mentally unable to submit written notification of his intention to retire, the member<\/span>’s appointing authority may submit notification on his behalf. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICE RETIREMENT GENERALLY (\u00a7 51.1-216)\n\nA. Normal retirement.\n\n 1. Any employee commencing employment or reemployment on or after July 1,\n 2001, and any employee who makes the election provided in § 51.1-221, who\n is a member in service in any retirement program administered by the Virginia\n Retirement System at his normal retirement date with five or more years of\n creditable service (i) as a member in the retirement system established by\n this chapter, (ii) as a member in the retirement system established by Chapter\n 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits\n permitted by § 51.1-138, may retire upon written notification to the\n Board, setting forth the date the retirement is to become effective.\n \t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and\n July 1, 2002, who is credited with five or more years of creditable service\n rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2\n (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject\n to the vesting requirements of this section, and §§ 51.1-138 and\n 51.1-205.\n\n 2. Any other employee who is a member in service at his normal retirement date\n with five or more years of creditable service (i) as a member in the\n retirement system established by this chapter, (ii) as a member in the\n retirement system established by Chapter 2 (§ 51.1-200 et seq.) of this\n title, or (iii) while earning the benefits permitted by § 51.1-138 may\n retire upon written notification to the Board, setting forth the date the\n retirement is to become effective.\n \t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and\n July 1, 2002, who is credited with five or more years of creditable service\n rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2\n (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject\n to the vesting requirements of this section, and §§ 51.1-138 and\n 51.1-205.\n\nB. Early retirement.\n\n 1. Any employee commencing employment or reemployment on or after July 1,\n 2001, and any employee who makes the election provided in § 51.1-221, who\n is a member in service in any retirement program administered by the Virginia\n Retirement System other than the program established by this chapter shall\n retire pursuant to the early retirement provisions of the retirement program\n of which he is a member at the time of retirement.\n \t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and\n July 1, 2002, who is credited with five or more years of creditable service\n rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2\n (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject\n to the vesting requirements of this section, and §§ 51.1-138 and\n 51.1-205.\n\n 2. Any other employee who is a member in service and who has attained his\n fiftieth birthday with five or more years of creditable service (i) as a\n member in the retirement system established by this chapter, (ii) as a member\n in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of\n this title, or (iii) while earning the benefits permitted by § 51.1-138\n may retire upon written notification to the Board setting forth the date the\n retirement is to become effective.\n \t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and\n July 1, 2002, who is credited with five or more years of creditable service\n rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2\n (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject\n to the vesting requirements of this section, and §§ 51.1-138 and\n 51.1-205.\n\nC. Deferred retirement for members terminating service.\n\n 1. Any employee commencing employment or reemployment on or after July 1,\n 2001, and any employee who makes the election provided in § 51.1-221, who\n terminates service from any position with membership in any retirement program\n administered by the Virginia Retirement System, may retire under the\n provisions of subdivision A 1 or B 1 if (i) he is otherwise eligible for such\n benefits, (ii) he has not withdrawn his accumulated contributions prior to the\n effective date of his retirement, and (iii) he has five or more years of\n creditable service (a) as a member in the retirement system established by\n this chapter, (b) as a member in the retirement system established by Chapter\n 2 (§ 51.1-200 et seq.) of this title, or (c) while earning the benefits\n permitted by § 51.1-138 for which his employer has paid the contributions\n and such contributions cannot be withdrawn. For the purposes of this\n subsection, any requirements as to the member being in service shall not\n apply. No member shall be entitled to the benefits of this subsection if his\n employer certifies that his service was terminated because of dishonesty,\n malfeasance, or misfeasance in office. The certification may be appealed to\n the Board.\n \t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and\n July 1, 2002, who is credited with five or more years of creditable service\n rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2\n (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject\n to the vesting requirements of this section, and §§ 51.1-138 and\n 51.1-205.\n\n 2. Any other member who terminates service after five or more years of\n creditable service (i) as a member in the retirement system established by\n this chapter, (ii) as a member in the retirement system established by Chapter\n 2 (§ 51.1-200 et seq.) of this title, or (iii) while earning the benefits\n permitted by § 51.1-138 may retire under the provisions of subdivision A\n 2 or B 2 if he has not withdrawn his accumulated contributions prior to the\n effective date of his retirement or if he has five or more years of creditable\n service (a) as a member in the retirement system established by this chapter,\n (b) as a member in the retirement system established by Chapter 2 (§\n 51.1-200 et seq.) of this title, or (c) while earning the benefits permitted\n by § 51.1-138 for which his employer has paid the contributions and such\n contributions cannot be withdrawn. For the purposes of this subsection, any\n requirements as to the member being in service shall not apply.\n \t\t\t\tEffective December 31, 2003, any employee in service on June 30, 2002, and\n July 1, 2002, who is credited with five or more years of creditable service\n rendered under Chapter 1 (§ 51.1-100 et seq.) of this title, Chapter 2\n (§ 51.1-200 et seq.) of this title, or this chapter shall not be subject\n to the vesting requirements of this section, and §§ 51.1-138 and\n 51.1-205.\n\nD. Effective date of retirement. — The effective date of retirement shall\nbe after the last day of service, but shall not be more than 90 days prior to\nthe filing of the notice of retirement.\n\nE. Notification on behalf of member. — If the member is physically or\nmentally unable to submit written notification of his intention to retire, the\nmember’s appointing authority may submit notification on his behalf.\n\nHISTORY: 1999, c. 585; 2000, cc. 66, 657, 911; 2001, c. 804; 2002, c. 466; 2004,\nc. 83; 2011, c. 483.","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}}