{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-308.html"}],"law_id":84690,"edition_id":1,"section_id":84690,"structure_id":13893,"section_number":"51.1-308","catch_line":"Disability retirement allowance","history":"1970, c. 779, \u00a7 51-170; 1972, c. 568; 1973, c. 523; 1974, c. 353; 1976, cc. 541, 654; 1986, c. 474; 1990, c. 832; 1993, c. 895; 1994, Sp. Sess. I, c. 5; 1999, c. 111; 2000, c. 911; 2012, cc. 701, 823; 2014, c. 776; 2015, c. 660; 2021, Sp. Sess. I, cc. 53, 54; 2025, c. 508.","full_text":"A\n\nAllowance payable on retirement.1\n\nUpon retirement for disability, a member who has five or more years of creditable service shall receive an annual retirement allowance payable during his lifetime and continued disability equal to 1.70 percent of average final compensation when multiplied by the smaller of (i) twice the amount of creditable service or (ii) the amount of creditable service he would have completed at age 60 if he had remained in service to that age. If a member has already attained age 60, the amount of creditable service at his date of retirement shall be used.2\n\nFor a member appointed or elected to an original term commencing on or after January 1, 2013, and prior to January 1, 2014, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be 1.65 percent.3\n\nFor a member appointed or elected to an original term commencing on or after January 1, 2014, and prior to July 1, 2026, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be (i) one percent for service rendered between January 1, 2014, and July 1, 2026, and (ii) 1.65 percent for service rendered on or after July 1, 2026.4\n\nFor a member appointed or elected to an original term commencing on or after July 1, 2026, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be 1.65 percent.\n\t\t\t\tIn no case shall the annual retirement allowance exceed 78 percent of the average final compensation of the member.B\n\nWorkers&#8217; compensation guarantee. If a member retires for disability from a cause which is compensable under the Virginia Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.), the amount of the annual retirement allowance shall, subject to the provisions of subsection D, equal 66 and two-thirds percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of his retirement, the allowance payable from the retirement system shall equal 50 percent of his average final compensation. A member shall be entitled to the larger of the retirement allowance as determined under the provisions of subsection A or under the provisions of this subsection.C\n\nGeneral disability retirement guarantee. The disability retirement allowance payable to a member who immediately prior to July 1, 1970, was a member of one of the previous systems shall be at least an amount equal to the disability retirement allowance to which he would have been entitled under the provisions of the previous system.D\n\nDetermination of retirement allowance. For the purposes of this section, the retirement allowance shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected.E\n\nReduction of allowance. Any allowance payable to a member who retires for disability from a cause compensable under the Virginia Workers&#8217; Compensation Act shall be reduced by the amount of any payments under the provisions of the Act in effect on the date of retirement of the member and the excess of the allowance shall be paid to such member. When the time for compensation payments under the Act has elapsed, the member shall receive the full amount of the allowance payable during his lifetime and continued disability. If the member&#8217;s payments under the Virginia Workers&#8217; Compensation Act are adjusted or terminated for refusal to work or to comply with the requirements of &#xA7; 65.2-603, his allowance shall be computed as if he were receiving the compensation to which he would otherwise be entitled.F\n\nSpecial retirement allowance guarantee. Any member retired from a cause which is not compensable under the Virginia Workers&#8217; Compensation Act shall be guaranteed an annual retirement allowance during his lifetime and continued disability which equals 50 percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of retirement, the allowance payable from the retirement system shall equal 33 and one-third percent of his average final compensation.","order_by":null,"text":{"0":{"id":303525,"text":"Allowance payable on retirement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":303526,"text":"Upon retirement for disability, a member who has five or more years of creditable service shall receive an annual retirement allowance payable during his lifetime and continued disability equal to 1.70 percent of average final compensation when multiplied by the smaller of (i) twice the amount of creditable service or (ii) the amount of creditable service he would have completed at age 60 if he had remained in service to that age. If a member has already attained age 60, the amount of creditable service at his date of retirement shall be used.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":303527,"text":"For a member appointed or elected to an original term commencing on or after January 1, 2013, and prior to January 1, 2014, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be 1.65 percent.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":303528,"text":"For a member appointed or elected to an original term commencing on or after January 1, 2014, and prior to July 1, 2026, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be (i) one percent for service rendered between January 1, 2014, and July 1, 2026, and (ii) 1.65 percent for service rendered on or after July 1, 2026.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":303529,"text":"For a member appointed or elected to an original term commencing on or after July 1, 2026, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be 1.65 percent.\n\t\t\t\tIn no case shall the annual retirement allowance exceed 78 percent of the average final compensation of the member.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":303530,"text":"Workers&#8217; compensation guarantee. If a member retires for disability from a cause which is compensable under the Virginia Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.), the amount of the annual retirement allowance shall, subject to the provisions of subsection D, equal 66 and two-thirds percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of his retirement, the allowance payable from the retirement system shall equal 50 percent of his average final compensation. A member shall be entitled to the larger of the retirement allowance as determined under the provisions of subsection A or under the provisions of this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":303531,"text":"General disability retirement guarantee. The disability retirement allowance payable to a member who immediately prior to July 1, 1970, was a member of one of the previous systems shall be at least an amount equal to the disability retirement allowance to which he would have been entitled under the provisions of the previous system.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":303532,"text":"Determination of retirement allowance. For the purposes of this section, the retirement allowance shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":303533,"text":"Reduction of allowance. Any allowance payable to a member who retires for disability from a cause compensable under the Virginia Workers&#8217; Compensation Act shall be reduced by the amount of any payments under the provisions of the Act in effect on the date of retirement of the member and the excess of the allowance shall be paid to such member. When the time for compensation payments under the Act has elapsed, the member shall receive the full amount of the allowance payable during his lifetime and continued disability. If the member&#8217;s payments under the Virginia Workers&#8217; Compensation Act are adjusted or terminated for refusal to work or to comply with the requirements of &#xA7; 65.2-603, his allowance shall be computed as if he were receiving the compensation to which he would otherwise be entitled.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":303534,"text":"Special retirement allowance guarantee. Any member retired from a cause which is not compensable under the Virginia Workers&#8217; Compensation Act shall be guaranteed an annual retirement allowance during his lifetime and continued disability which equals 50 percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of retirement, the allowance payable from the retirement system shall equal 33 and one-third percent of his average final compensation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-308\/","history_text":"<p>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 13 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 1972, chapter 568; in 1973, chapter 523; in 1974, chapter 353; in 1976, chapters 541 and 654; in 1986, chapter 474; in 1990, chapter 832; in 1993, chapter 895; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0111\">111<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0911\">911<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0701\">701<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0823\">823<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0776\">776<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0660\">660<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0508\">508<\/a>.<\/p>","references":[{"id":72480,"section_number":"51.1-130","catch_line":"Resolution of governing body; approval by Board","order_by":null,"url":"\/51.1-130\/"},{"id":83485,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","order_by":null,"url":"\/51.1-166\/"}],"refers_to":[{"id":67999,"section_number":"65.2-100","catch_line":"Short title","order_by":null,"url":"\/65.2-100\/"},{"id":82651,"section_number":"65.2-603","catch_line":"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept","order_by":null,"url":"\/65.2-603\/"}],"permalink":{"id":236035,"object_type":"law","relational_id":84690,"identifier":"51.1-308","token":"51.1\/3\/51.1-308","url":"\/51.1-308\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-308\/","token":"51.1\/3\/51.1-308","dublin_core":{"Title":"Disability retirement allowance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Allowance payable on retirement. <a id=\"paragraph-303525\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Upon retirement for disability, a member who has five or more years of <span class=\"dictionary\">creditable service<\/span> shall receive an annual retirement allowance payable during his lifetime and continued disability equal to 1.70 percent of average final compensation when multiplied by the smaller of (i) twice the amount of <span class=\"dictionary\">creditable service<\/span> or (ii) the amount of <span class=\"dictionary\">creditable service<\/span> he would have completed at age 60 if he had remained in service to that age. If a member has already attained age 60, the amount of <span class=\"dictionary\">creditable service<\/span> at his date of retirement shall be used. <a id=\"paragraph-303526\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> For a member appointed or elected to an original term commencing on or after January 1, 2013, and prior to January 1, 2014, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be 1.65 percent. <a id=\"paragraph-303527\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> For a member appointed or elected to an original term commencing on or after January 1, 2014, and prior to July 1, 2026, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be (i) one percent for service rendered between January 1, 2014, and July 1, 2026, and (ii) 1.65 percent for service rendered on or after July 1, 2026. <a id=\"paragraph-303528\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> For a member appointed or elected to an original term commencing on or after July 1, 2026, the applicable percentage used to calculate the disability retirement allowance pursuant to subdivision 1 shall be 1.65 percent.\n\t\t\t\tIn no case shall the annual retirement allowance exceed 78 percent of the average final compensation of the member. <a id=\"paragraph-303529\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Workers&#8217; compensation guarantee. If a member retires for disability from a cause which is compensable under the Virginia Workers&#8217; Compensation Act (&#xA7; <a class=\"law\" title=\"Short title\" href=\"\/65.2-100\/\">65.2-100<\/a> et seq.), the amount of the annual retirement allowance shall, subject to the provisions of subsection D, equal 66 and two-thirds percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of his retirement, the allowance payable from the <span class=\"dictionary\">retirement system<\/span> shall equal 50 percent of his average final compensation. A member shall be entitled to the larger of the retirement allowance as determined under the provisions of subsection A or under the provisions of this subsection. <a id=\"paragraph-303530\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> General disability retirement guarantee. The disability retirement allowance payable to a member who immediately prior to July 1, 1970, was a member of one of the <span class=\"dictionary\">previous systems<\/span> shall be at least an amount equal to the disability retirement allowance to which he would have been entitled under the provisions of the previous system. <a id=\"paragraph-303531\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Determination of retirement allowance. For the purposes of this section, the retirement allowance shall be determined on the assumption that the retirement allowance is payable to the member alone and that no optional retirement allowance is elected. <a id=\"paragraph-303532\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Reduction of allowance. Any allowance payable to a member who retires for disability from a cause compensable under the Virginia Workers&#8217; Compensation Act shall be reduced by the amount of any payments under the provisions of the Act in effect on the date of retirement of the member and the excess of the allowance shall be paid to such member. When the time for compensation payments under the Act has elapsed, the member shall receive the full amount of the allowance payable during his lifetime and continued disability. If the member&#8217;s payments under the Virginia Workers&#8217; Compensation Act are adjusted or terminated for refusal to work or to comply with the requirements of &#xA7; <a class=\"law\" title=\"Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept\" href=\"\/65.2-603\/\">65.2-603<\/a>, his allowance shall be computed as if he were receiving the compensation to which he would otherwise be entitled. <a id=\"paragraph-303533\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Special retirement allowance guarantee. Any member retired from a cause which is not compensable under the Virginia Workers&#8217; Compensation Act shall be guaranteed an annual retirement allowance during his lifetime and continued disability which equals 50 percent of the member&#8217;s average final compensation if the member does not qualify for social security disability benefits under the provisions of the Social Security Act in effect on the date of his retirement. If the member qualifies for social security disability benefits or has attained his normal retirement age under the provisions of the Social Security Act in effect on the date of retirement, the allowance payable from the <span class=\"dictionary\">retirement system<\/span> shall equal 33 and one-third percent of his average final compensation. <a id=\"paragraph-303534\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-308\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDISABILITY RETIREMENT ALLOWANCE (\u00a7 51.1-308)\n\nA. Allowance payable on retirement.\n\n   1. Upon retirement for disability, a member who has five or more years of\n   creditable service shall receive an annual retirement allowance payable during\n   his lifetime and continued disability equal to 1.70 percent of average final\n   compensation when multiplied by the smaller of (i) twice the amount of\n   creditable service or (ii) the amount of creditable service he would have\n   completed at age 60 if he had remained in service to that age. If a member has\n   already attained age 60, the amount of creditable service at his date of\n   retirement shall be used.\n\n   2. For a member appointed or elected to an original term commencing on or\n   after January 1, 2013, and prior to January 1, 2014, the applicable percentage\n   used to calculate the disability retirement allowance pursuant to subdivision\n   1 shall be 1.65 percent.\n\n   3. For a member appointed or elected to an original term commencing on or\n   after January 1, 2014, and prior to July 1, 2026, the applicable percentage\n   used to calculate the disability retirement allowance pursuant to subdivision\n   1 shall be (i) one percent for service rendered between January 1, 2014, and\n   July 1, 2026, and (ii) 1.65 percent for service rendered on or after July 1,\n   2026.\n\n   4. For a member appointed or elected to an original term commencing on or\n   after July 1, 2026, the applicable percentage used to calculate the disability\n   retirement allowance pursuant to subdivision 1 shall be 1.65 percent.\n   \t\t\t\tIn no case shall the annual retirement allowance exceed 78 percent of the\n   average final compensation of the member.\n\nB. Workers&#8217; compensation guarantee. If a member retires for disability\nfrom a cause which is compensable under the Virginia Workers&#8217; Compensation\nAct (&#xA7; 65.2-100 et seq.), the amount of the annual retirement allowance\nshall, subject to the provisions of subsection D, equal 66 and two-thirds\npercent of the member&#8217;s average final compensation if the member does not\nqualify for social security disability benefits under the provisions of the\nSocial Security Act in effect on the date of his retirement. If the member\nqualifies for social security disability benefits or has attained his normal\nretirement age under the provisions of the Social Security Act in effect on the\ndate of his retirement, the allowance payable from the retirement system shall\nequal 50 percent of his average final compensation. A member shall be entitled\nto the larger of the retirement allowance as determined under the provisions of\nsubsection A or under the provisions of this subsection.\n\nC. General disability retirement guarantee. The disability retirement allowance\npayable to a member who immediately prior to July 1, 1970, was a member of one\nof the previous systems shall be at least an amount equal to the disability\nretirement allowance to which he would have been entitled under the provisions\nof the previous system.\n\nD. Determination of retirement allowance. For the purposes of this section, the\nretirement allowance shall be determined on the assumption that the retirement\nallowance is payable to the member alone and that no optional retirement\nallowance is elected.\n\nE. Reduction of allowance. Any allowance payable to a member who retires for\ndisability from a cause compensable under the Virginia Workers&#8217;\nCompensation Act shall be reduced by the amount of any payments under the\nprovisions of the Act in effect on the date of retirement of the member and the\nexcess of the allowance shall be paid to such member. When the time for\ncompensation payments under the Act has elapsed, the member shall receive the\nfull amount of the allowance payable during his lifetime and continued\ndisability. If the member&#8217;s payments under the Virginia Workers&#8217;\nCompensation Act are adjusted or terminated for refusal to work or to comply\nwith the requirements of &#xA7; 65.2-603, his allowance shall be computed as if\nhe were receiving the compensation to which he would otherwise be entitled.\n\nF. Special retirement allowance guarantee. Any member retired from a cause which\nis not compensable under the Virginia Workers&#8217; Compensation Act shall be\nguaranteed an annual retirement allowance during his lifetime and continued\ndisability which equals 50 percent of the member&#8217;s average final\ncompensation if the member does not qualify for social security disability\nbenefits under the provisions of the Social Security Act in effect on the date\nof his retirement. If the member qualifies for social security disability\nbenefits or has attained his normal retirement age under the provisions of the\nSocial Security Act in effect on the date of retirement, the allowance payable\nfrom the retirement system shall equal 33 and one-third percent of his average\nfinal compensation.\n\nHISTORY: 1970, c. 779, \u00a7 51-170; 1972, c. 568; 1973, c. 523; 1974, c. 353;\n1976, cc. 541, 654; 1986, c. 474; 1990, c. 832; 1993, c. 895; 1994, Sp. Sess. I,\nc. 5; 1999, c. 111; 2000, c. 911; 2012, cc. 701, 823; 2014, c. 776; 2015, c.\n660; 2021, Sp. Sess. I, cc. 53, 54; 2025, c. 508.","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}}