{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-305.html"}],"law_id":78359,"edition_id":1,"section_id":78359,"structure_id":13893,"section_number":"51.1-305","catch_line":"Service retirement generally","history":"1970, c. 779, \u00a7 51-167; 1977, c. 620; 1982, c. 427; 1986, c. 474; 1988, c. 222; 1990, c. 832; 1992, c. 694; 2005, c. 288; 2011, c. 483; 2015, cc. 762, 773; 2016, c. 667.","full_text":"A\n\nNormal retirement. — Any member in service at his normal retirement date with five or more years of creditable service may retire upon written notification to the Board setting forth the date the retirement is to become effective.\n\t\t\tB. Early retirement. — Any member in service who has either (i) attained his fifty-fifth birthday with five or more years of creditable service or (ii) in the case of a member of any of the previous systems immediately prior to July 1, 1970, complied with the requirements for retirement set forth under the provisions of such previous system as in effect immediately prior to July 1, 1970, may retire upon written notification to the Board setting forth the date the retirement is to become effective.B1\n\nMandatory retirement. — Any member who attains 73 years of age shall be retired 20 days after the convening of the next regular session of the General Assembly following his seventy-third birthday.\n\t\t\tC. Deferred retirement for members terminating service. — Any member who terminates service after five or more years of creditable service may retire under the provisions of subsection A or B of this section, if he has not withdrawn his accumulated contributions prior to the effective date of his retirement or if he has five or more years of creditable service for which his employer has paid the contributions and such contributions cannot be withdrawn.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\tD. Effective date of retirement. — The effective date of retirement shall be after the last day of service of the member, but shall not be more than 90 days prior to the filing of the notice of retirement.\n\t\t\tE. Notification of retirement. — In addition to the notice to the Board required by this section, the same notice shall be given by the member to his appointing authority. If a member is physically or mentally unable to submit written notification of his intention to retire, the member’s appointing authority may submit notification to the Board on his behalf.","order_by":null,"text":{"0":{"id":280847,"text":"Normal retirement. — Any member in service at his normal retirement date with five or more years of creditable service may retire upon written notification to the Board setting forth the date the retirement is to become effective.\n\t\t\tB. Early retirement. — Any member in service who has either (i) attained his fifty-fifth birthday with five or more years of creditable service or (ii) in the case of a member of any of the previous systems immediately prior to July 1, 1970, complied with the requirements for retirement set forth under the provisions of such previous system as in effect immediately prior to July 1, 1970, may retire upon written notification to the Board setting forth the date the retirement is to become effective.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B1"},"1":{"id":280848,"text":"Mandatory retirement. — Any member who attains 73 years of age shall be retired 20 days after the convening of the next regular session of the General Assembly following his seventy-third birthday.\n\t\t\tC. Deferred retirement for members terminating service. — Any member who terminates service after five or more years of creditable service may retire under the provisions of subsection A or B of this section, 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 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\tD. Effective date of retirement. — The effective date of retirement shall be after the last day of service of the member, but shall not be more than 90 days prior to the filing of the notice of retirement.\n\t\t\tE. Notification of retirement. — In addition to the notice to the Board required by this section, the same notice shall be given by the member to his appointing authority. If a member is physically or mentally unable to submit written notification of his intention to retire, the member’s appointing authority may submit notification to the Board on his behalf.","type":"section","prefixes":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13893,"edition_id":1,"name":"Judicial Retirement System","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:46:13","date_modified":"2026-06-26 03:46:13","permalink":{"id":235997,"object_type":"structure","relational_id":13893,"identifier":"3","token":"51.1\/3","url":"\/51.1\/3\/","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":73479,"structure_id":13893,"section_number":"51.1-300","catch_line":"Judicial Retirement System continued; administration; application of provisions of Virginia Retirement System","url":"\/51.1-300\/","token":"51.1\/3\/51.1-300","metadata":false},{"id":68180,"structure_id":13893,"section_number":"51.1-301","catch_line":"Definitions","url":"\/51.1-301\/","token":"51.1\/3\/51.1-301","metadata":false},{"id":73859,"structure_id":13893,"section_number":"51.1-302","catch_line":"Membership in retirement system","url":"\/51.1-302\/","token":"51.1\/3\/51.1-302","metadata":false},{"id":57472,"structure_id":13893,"section_number":"51.1-303","catch_line":"Creditable service","url":"\/51.1-303\/","token":"51.1\/3\/51.1-303","metadata":false},{"id":74635,"structure_id":13893,"section_number":"51.1-304","catch_line":"Contributions by Commonwealth","url":"\/51.1-304\/","token":"51.1\/3\/51.1-304","metadata":false},{"id":78359,"structure_id":13893,"section_number":"51.1-305","catch_line":"Service retirement generally","url":"\/51.1-305\/","token":"51.1\/3\/51.1-305","metadata":false},{"id":71752,"structure_id":13893,"section_number":"51.1-306","catch_line":"Service retirement allowance","url":"\/51.1-306\/","token":"51.1\/3\/51.1-306","metadata":false},{"id":74234,"structure_id":13893,"section_number":"51.1-306.1","catch_line":"Service retirement allowance for judges appointed or elected after January 1, 2014","url":"\/51.1-306.1\/","token":"51.1\/3\/51.1-306.1","metadata":false},{"id":54931,"structure_id":13893,"section_number":"51.1-307","catch_line":"Notice of disability retirement","url":"\/51.1-307\/","token":"51.1\/3\/51.1-307","metadata":false},{"id":84690,"structure_id":13893,"section_number":"51.1-308","catch_line":"Disability retirement allowance","url":"\/51.1-308\/","token":"51.1\/3\/51.1-308","metadata":false},{"id":79242,"structure_id":13893,"section_number":"51.1-309","catch_line":"Appearance as counsel in certain forums prohibited","url":"\/51.1-309\/","token":"51.1\/3\/51.1-309","metadata":false}],"previous_section":{"id":74635,"structure_id":13893,"section_number":"51.1-304","catch_line":"Contributions by Commonwealth","url":"\/51.1-304\/","token":"51.1\/3\/51.1-304","metadata":false},"next_section":{"id":71752,"structure_id":13893,"section_number":"51.1-306","catch_line":"Service retirement allowance","url":"\/51.1-306\/","token":"51.1\/3\/51.1-306","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-305\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 779 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 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1977, chapter 620; in 1982, chapter 427; in 1986, chapter 474; in 1988, chapter 222; in 1990, chapter 832; in 1992, chapter 694; in 2005, chapter 288<\/a>; in 2011, chapter 483<\/a>; in 2015, chapters 762<\/a> and 773<\/a>; in 2016, chapter 667<\/a>.<\/p>","references":[{"id":72210,"section_number":"16.1-69.9:3","catch_line":"Investigation and certification of necessity before vacancies filled","order_by":null,"url":"\/16.1-69.9_3\/"},{"id":86070,"section_number":"17.1-511","catch_line":"Investigation and certification of necessity before vacancies filled","order_by":null,"url":"\/17.1-511\/"},{"id":75331,"section_number":"51.1-1400","catch_line":"Health insurance credits for retired state employees","order_by":null,"url":"\/51.1-1400\/"},{"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":false,"permalink":{"id":236019,"object_type":"law","relational_id":78359,"identifier":"51.1-305","token":"51.1\/3\/51.1-305","url":"\/51.1-305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-305\/","token":"51.1\/3\/51.1-305","dublin_core":{"Title":"Service retirement generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Normal retirement. — Any member in service at his normal retirement date<\/span> with five or more years of creditable service<\/span> may retire upon written notification to the Board setting forth the date the retirement is to become effective.\n\t\t\tB. Early retirement. — Any member in service who has either (i) attained his fifty-fifth birthday with five or more years of creditable service<\/span> or (ii) in the case of a member of any of the previous systems<\/span> immediately prior to July 1, 1970, complied with the requirements for retirement set forth under the provisions of such previous system as in effect immediately prior to July 1, 1970, may retire upon written notification to the Board setting forth the date the retirement is to become effective. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> Mandatory retirement. — Any member who attains 73 years of age shall be retired 20 days after the convening of the next regular session of the General Assembly following his seventy-third birthday.\n\t\t\tC. Deferred retirement for members terminating service. — Any member who terminates service after five or more years of creditable service<\/span> may retire under the provisions of subsection A or B of this section, 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<\/span> 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\tD. Effective date of retirement. — The effective date of retirement shall be after the last day of service of the member, but shall not be more than 90 days prior to the filing of the notice of retirement.\n\t\t\tE. Notification of retirement. — In addition to the notice to the Board required by this section, the same notice shall be given by the member to his appointing authority<\/span>. If a member is physically or mentally unable to submit written notification of his intention to retire, the member’s appointing authority<\/span> may submit notification to the Board on his behalf. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSERVICE RETIREMENT GENERALLY (\u00a7 51.1-305)\n\nA. Normal retirement. — Any member in service at his normal retirement\ndate with five or more years of creditable service may retire upon written\nnotification to the Board setting forth the date the retirement is to become\neffective.\n\t\t\tB. Early retirement. — Any member in service who has either (i)\nattained his fifty-fifth birthday with five or more years of creditable service\nor (ii) in the case of a member of any of the previous systems immediately prior\nto July 1, 1970, complied with the requirements for retirement set forth under\nthe provisions of such previous system as in effect immediately prior to July 1,\n1970, may retire upon written notification to the Board setting forth the date\nthe retirement is to become effective.\n\nB1. Mandatory retirement. — Any member who attains 73 years of age shall\nbe retired 20 days after the convening of the next regular session of the\nGeneral Assembly following his seventy-third birthday.\n\t\t\tC. Deferred retirement for members terminating service. — Any\nmember who terminates service after five or more years of creditable service may\nretire under the provisions of subsection A or B of this section, if he has not\nwithdrawn his accumulated contributions prior to the effective date of his\nretirement or if he has five or more years of creditable service for which his\nemployer has paid the contributions and such contributions cannot be withdrawn.\nFor the purposes of this subsection, any requirements as to the member being in\nservice shall not apply.\n\t\t\tD. Effective date of retirement. — The effective date of\nretirement shall be after the last day of service of the member, but shall not\nbe more than 90 days prior to the filing of the notice of retirement.\n\t\t\tE. Notification of retirement. — In addition to the notice to the\nBoard required by this section, the same notice shall be given by the member to\nhis appointing authority. If a member is physically or mentally unable to submit\nwritten notification of his intention to retire, the member’s appointing\nauthority may submit notification to the Board on his behalf.\n\nHISTORY: 1970, c. 779, \u00a7 51-167; 1977, c. 620; 1982, c. 427; 1986, c. 474;\n1988, c. 222; 1990, c. 832; 1992, c. 694; 2005, c. 288; 2011, c. 483; 2015, cc.\n762, 773; 2016, c. 667.","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}}