{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-217.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-217.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-217.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-217.html"}],"law_id":81012,"edition_id":1,"section_id":81012,"structure_id":12948,"section_number":"51.1-217","catch_line":"Service retirement allowance","history":"1999, c. 585; 2000, c. 911; 2001, c. 804; 2002, c. 466.","full_text":"A\n\nA member shall receive an annual retirement allowance, payable for life, as follows:1\n\nNormal retirement.\n\t\t\t\ta. Notwithstanding the provisions of §§ 51.1-155, 51.1-155.1 and 51.1-155.2, for any employee commencing employment or reemployment on or after July 1, 2001, and for any employee who makes the election provided in § 51.1-221, the allowance shall equal (i) two percent of his average final compensation multiplied by the amount of creditable service earned (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 Title 51.1, or (c) while earning the benefits permitted by § 51.1-138; and (ii) 1.70 percent of his average final compensation multiplied by all other creditable service, if any; and\n\t\t\t\tb. For any other employee, the allowance shall equal 1.70 percent of his average final compensation multiplied by the amount of creditable service.2\n\nEarly retirement. — The allowance shall be determined in the same manner as for normal retirement with creditable service and average final compensation being determined as of the date of actual retirement.\n\t\t\t\ta. For an individual retiring pursuant to subdivision B 1 of § 51.1-216, who is not retiring directly from service as an employee as defined in § 51.1-212, and who has less than thirty years of service shall retire under the provisions of the retirement system for which he is a member as of his retirement date; and\n\t\t\t\tb. For all other individuals retiring pursuant to subdivision B 1 of § 51.1-216, and for an individual retiring pursuant to subdivision B 2 of § 51.1-216 who has less than twenty-five years of service at retirement, the amount of the retirement allowance shall be reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the earlier of (i) his normal retirement date or (ii) the first date on or after his fiftieth birthday on which he would have completed a total of twenty-five years of creditable service.B\n\nAny person who is an employee on June 30, 2001, and on July 1, 2001, who does not make the election provided in § 51.1-221, shall receive, in addition to the allowance payable under subsection A, from the date of his retirement until his sixty-fifth birthday, an annual allowance equal to $9,264. Beginning July 1, 2001, and biennially thereafter, such allowance shall be reviewed and adjusted by the Board to an amount recommended by the actuary of the Virginia Retirement System based upon increases in Social Security benefits in the interim. This subsection shall not apply to the following: (i) any member who qualifies for retirement under subsection C of § 51.1-216 and is credited with less than twenty years’ service rendered in a hazardous position or (ii) any member employed initially on or after July 1, 1974, who is credited with less than twenty years’ service rendered in a hazardous position.C\n\nIf a beneficiary of a service retirement allowance under this chapter is at any time in service as an employee in a position covered for retirement purposes under the provisions of this or any chapter other than Chapter 7 (§ 51.1-700 et seq.) of this title, his retirement allowance shall cease while so employed.D\n\nNo person shall be eligible to receive any of the allowances provided in this section if he receives retirement benefits under Chapter 2 (§ 51.1-200 et seq.) of Title 51.1 or under § 51.1-138. No person shall receive any allowance pursuant to subdivision A 1 (i) if he has received an allowance pursuant to subsection B of § 51.1-206 or subsection B of § 51.1-217, unless, after receiving the allowance pursuant to subsection B of § 51.1-206 or subsection B of § 51.1-217, he becomes employed or reemployed as an employee defined in § 51.1-212, and thereafter earns 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 Title 51.1, or (c) while earning the benefits permitted by § 51.1-138.","order_by":null,"text":{"0":{"id":290391,"text":"A member shall receive an annual retirement allowance, payable for life, as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":290392,"text":"Normal retirement.\n\t\t\t\ta. Notwithstanding the provisions of §§ 51.1-155, 51.1-155.1 and 51.1-155.2, for any employee commencing employment or reemployment on or after July 1, 2001, and for any employee who makes the election provided in § 51.1-221, the allowance shall equal (i) two percent of his average final compensation multiplied by the amount of creditable service earned (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 Title 51.1, or (c) while earning the benefits permitted by § 51.1-138; and (ii) 1.70 percent of his average final compensation multiplied by all other creditable service, if any; and\n\t\t\t\tb. For any other employee, the allowance shall equal 1.70 percent of his average final compensation multiplied by the amount of creditable service.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":290393,"text":"Early retirement. — The allowance shall be determined in the same manner as for normal retirement with creditable service and average final compensation being determined as of the date of actual retirement.\n\t\t\t\ta. For an individual retiring pursuant to subdivision B 1 of § 51.1-216, who is not retiring directly from service as an employee as defined in § 51.1-212, and who has less than thirty years of service shall retire under the provisions of the retirement system for which he is a member as of his retirement date; and\n\t\t\t\tb. For all other individuals retiring pursuant to subdivision B 1 of § 51.1-216, and for an individual retiring pursuant to subdivision B 2 of § 51.1-216 who has less than twenty-five years of service at retirement, the amount of the retirement allowance shall be reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the earlier of (i) his normal retirement date or (ii) the first date on or after his fiftieth birthday on which he would have completed a total of twenty-five years of creditable service.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":290394,"text":"Any person who is an employee on June 30, 2001, and on July 1, 2001, who does not make the election provided in § 51.1-221, shall receive, in addition to the allowance payable under subsection A, from the date of his retirement until his sixty-fifth birthday, an annual allowance equal to $9,264. Beginning July 1, 2001, and biennially thereafter, such allowance shall be reviewed and adjusted by the Board to an amount recommended by the actuary of the Virginia Retirement System based upon increases in Social Security benefits in the interim. This subsection shall not apply to the following: (i) any member who qualifies for retirement under subsection C of § 51.1-216 and is credited with less than twenty years’ service rendered in a hazardous position or (ii) any member employed initially on or after July 1, 1974, who is credited with less than twenty years’ service rendered in a hazardous position.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":290395,"text":"If a beneficiary of a service retirement allowance under this chapter is at any time in service as an employee in a position covered for retirement purposes under the provisions of this or any chapter other than Chapter 7 (§ 51.1-700 et seq.) of this title, his retirement allowance shall cease while so employed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":290396,"text":"No person shall be eligible to receive any of the allowances provided in this section if he receives retirement benefits under Chapter 2 (§ 51.1-200 et seq.) of Title 51.1 or under § 51.1-138. No person shall receive any allowance pursuant to subdivision A 1 (i) if he has received an allowance pursuant to subsection B of § 51.1-206 or subsection B of § 51.1-217, unless, after receiving the allowance pursuant to subsection B of § 51.1-206 or subsection B of § 51.1-217, he becomes employed or reemployed as an employee defined in § 51.1-212, and thereafter earns 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 Title 51.1, or (c) while earning the benefits permitted by § 51.1-138.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-217\/","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 3 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, chapter 911<\/a>; in 2001, chapter 804<\/a>; in 2002, chapter 466<\/a>.<\/p>","references":[{"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":54046,"section_number":"51.1-218","catch_line":"Death before retirement","order_by":null,"url":"\/51.1-218\/"},{"id":70490,"section_number":"51.1-219","catch_line":"Post-retirement supplements","order_by":null,"url":"\/51.1-219\/"},{"id":79980,"section_number":"51.1-220","catch_line":"Disability benefit","order_by":null,"url":"\/51.1-220\/"},{"id":56140,"section_number":"51.1-221","catch_line":"Election of benefits","order_by":null,"url":"\/51.1-221\/"}],"refers_to":[{"id":60634,"section_number":"51.1-138","catch_line":"Benefits","order_by":null,"url":"\/51.1-138\/"},{"id":72358,"section_number":"51.1-155","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-155\/"},{"id":61992,"section_number":"51.1-155.1","catch_line":"Exceptions from general early retirement provisions for certain state employees and constitutional officers","order_by":null,"url":"\/51.1-155.1\/"},{"id":68249,"section_number":"51.1-155.2","catch_line":"Exceptions from general early retirement provisions for certain local government officials","order_by":null,"url":"\/51.1-155.2\/"},{"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":56709,"section_number":"51.1-206","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-206\/"},{"id":86530,"section_number":"51.1-212","catch_line":"Definitions","order_by":null,"url":"\/51.1-212\/"},{"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\/"},{"id":56140,"section_number":"51.1-221","catch_line":"Election of benefits","order_by":null,"url":"\/51.1-221\/"},{"id":62567,"section_number":"51.1-700","catch_line":"Definitions","order_by":null,"url":"\/51.1-700\/"}],"permalink":{"id":235977,"object_type":"law","relational_id":81012,"identifier":"51.1-217","token":"51.1\/2.1\/51.1-217","url":"\/51.1-217\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-217\/","token":"51.1\/2.1\/51.1-217","dublin_core":{"Title":"Service retirement allowance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-217","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A member<\/span> shall receive an annual retirement allowance, payable for life, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Normal retirement.\n\t\t\t\ta. Notwithstanding the provisions of §§ 51.1-155<\/a>, 51.1-155.1<\/a> and 51.1-155.2<\/a>, for any employee<\/span> commencing employment or reemployment on or after July 1, 2001, and for any employee<\/span> who makes the election provided in § 51.1-221<\/a>, the allowance shall equal (i) two percent of his average final compensation multiplied by the amount of creditable service earned (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 Title 51.1, or (c) while earning the benefits permitted by § 51.1-138<\/a>; and (ii) 1.70 percent of his average final compensation multiplied by all other creditable service, if any; and\n\t\t\t\tb. For any other employee<\/span>, the allowance shall equal 1.70 percent of his average final compensation multiplied by the amount of creditable service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Early retirement. — The allowance shall be determined in the same manner as for normal retirement with creditable service and average final compensation being determined as of the date of actual retirement.\n\t\t\t\ta. For an individual retiring pursuant to subdivision B 1 of § 51.1-216<\/a>, who is not retiring directly from service as an employee<\/span> as defined in § 51.1-212<\/a>, and who has less than thirty years of service shall retire under the provisions of the retirement system<\/span> for which he is a member<\/span> as of his retirement date; and\n\t\t\t\tb. For all other individuals retiring pursuant to subdivision B 1 of § 51.1-216<\/a>, and for an individual retiring pursuant to subdivision B 2 of § 51.1-216<\/a> who has less than twenty-five years of service at retirement, the amount of the retirement allowance shall be reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the earlier of (i) his normal retirement date<\/span> or (ii) the first date on or after his fiftieth birthday on which he would have completed a total of twenty-five years of creditable service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who is an employee<\/span> on June 30, 2001, and on July 1, 2001, who does not make the election provided in § 51.1-221<\/a>, shall receive, in addition to the allowance payable under subsection A, from the date of his retirement until his sixty-fifth birthday, an annual allowance equal to $9,264. Beginning July 1, 2001, and biennially thereafter, such allowance shall be reviewed and adjusted by the Board to an amount recommended by the actuary of the Virginia Retirement System<\/span> based upon increases in Social Security benefits in the interim. This subsection shall not apply to the following: (i) any member<\/span> who qualifies for retirement under subsection C of § 51.1-216<\/a> and is credited with less than twenty years’ service rendered in a hazardous position or (ii) any member<\/span> employed initially on or after July 1, 1974, who is credited with less than twenty years’ service rendered in a hazardous position. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a beneficiary of a service retirement allowance under this chapter is at any time in service as an employee<\/span> in a position covered for retirement purposes under the provisions of this or any chapter other than Chapter 7 (§ 51.1-700<\/a> et seq.) of this title, his retirement allowance shall cease while so employed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No person shall be eligible to receive any of the allowances provided in this section if he receives retirement benefits under Chapter 2 (§ 51.1-200<\/a> et seq.) of Title 51.1 or under § 51.1-138<\/a>. No person shall receive any allowance pursuant to subdivision A 1 (i) if he has received an allowance pursuant to subsection B of § 51.1-206<\/a> or subsection B of § 51.1-217<\/a>, unless, after receiving the allowance pursuant to subsection B of § 51.1-206<\/a> or subsection B of § 51.1-217<\/a>, he becomes employed or reemployed as an employee<\/span> defined in § 51.1-212<\/a>, and thereafter earns 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 Title 51.1, or (c) while earning the benefits permitted by § 51.1-138<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICE RETIREMENT ALLOWANCE (\u00a7 51.1-217)\n\nA. A member shall receive an annual retirement allowance, payable for life, as\nfollows:\n\n 1. Normal retirement.\n \t\t\t\ta. Notwithstanding the provisions of §§ 51.1-155, 51.1-155.1 and\n 51.1-155.2, for any employee commencing employment or reemployment on or after\n July 1, 2001, and for any employee who makes the election provided in §\n 51.1-221, the allowance shall equal (i) two percent of his average final\n compensation multiplied by the amount of creditable service earned (a) as a\n member in the retirement system established by this chapter, (b) as a member\n in the retirement system established by Chapter 2 (§ 51.1-200 et seq.) of\n Title 51.1, or (c) while earning the benefits permitted by § 51.1-138;\n and (ii) 1.70 percent of his average final compensation multiplied by all\n other creditable service, if any; and\n \t\t\t\tb. For any other employee, the allowance shall equal 1.70 percent of his\n average final compensation multiplied by the amount of creditable service.\n\n 2. Early retirement. — The allowance shall be determined in the same\n manner as for normal retirement with creditable service and average final\n compensation being determined as of the date of actual retirement.\n \t\t\t\ta. For an individual retiring pursuant to subdivision B 1 of §\n 51.1-216, who is not retiring directly from service as an employee as defined\n in § 51.1-212, and who has less than thirty years of service shall retire\n under the provisions of the retirement system for which he is a member as of\n his retirement date; and\n \t\t\t\tb. For all other individuals retiring pursuant to subdivision B 1 of\n § 51.1-216, and for an individual retiring pursuant to subdivision B 2 of\n § 51.1-216 who has less than twenty-five years of service at retirement,\n the amount of the retirement allowance shall be reduced on an actuarial\n equivalent basis for the period by which the actual retirement date precedes\n the earlier of (i) his normal retirement date or (ii) the first date on or\n after his fiftieth birthday on which he would have completed a total of\n twenty-five years of creditable service.\n\nB. Any person who is an employee on June 30, 2001, and on July 1, 2001, who does\nnot make the election provided in § 51.1-221, shall receive, in addition to\nthe allowance payable under subsection A, from the date of his retirement until\nhis sixty-fifth birthday, an annual allowance equal to $9,264. Beginning July 1,\n2001, and biennially thereafter, such allowance shall be reviewed and adjusted\nby the Board to an amount recommended by the actuary of the Virginia Retirement\nSystem based upon increases in Social Security benefits in the interim. This\nsubsection shall not apply to the following: (i) any member who qualifies for\nretirement under subsection C of § 51.1-216 and is credited with less than\ntwenty years’ service rendered in a hazardous position or (ii) any member\nemployed initially on or after July 1, 1974, who is credited with less than\ntwenty years’ service rendered in a hazardous position.\n\nC. If a beneficiary of a service retirement allowance under this chapter is at\nany time in service as an employee in a position covered for retirement purposes\nunder the provisions of this or any chapter other than Chapter 7 (§\n51.1-700 et seq.) of this title, his retirement allowance shall cease while so\nemployed.\n\nD. No person shall be eligible to receive any of the allowances provided in this\nsection if he receives retirement benefits under Chapter 2 (§ 51.1-200 et\nseq.) of Title 51.1 or under § 51.1-138. No person shall receive any\nallowance pursuant to subdivision A 1 (i) if he has received an allowance\npursuant to subsection B of § 51.1-206 or subsection B of § 51.1-217,\nunless, after receiving the allowance pursuant to subsection B of §\n51.1-206 or subsection B of § 51.1-217, he becomes employed or reemployed\nas an employee defined in § 51.1-212, and thereafter earns five or more\nyears of creditable service (a) as a member in the retirement system established\nby this chapter, (b) as a member in the retirement system established by Chapter\n2 (§ 51.1-200 et seq.) of Title 51.1, or (c) while earning the benefits\npermitted by § 51.1-138.\n\nHISTORY: 1999, c. 585; 2000, c. 911; 2001, c. 804; 2002, c. 466.","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}}