{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-800.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-800.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-800.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-800.html"}],"law_id":82031,"edition_id":1,"section_id":82031,"structure_id":14662,"section_number":"51.1-800","catch_line":"Counties, cities, and certain towns to establish local systems or participate in Virginia Retirement System","history":"1952, c. 157, \u00a7 51-111.31; 1954, c. 241; 1958, c. 367; 1960, c. 400; 1973, c. 523; 1974, c. 353; 1975, c. 296; 1976, c. 581; 1977, c. 620; 1990, c. 832; 1991, c. 381; 1993, c. 866; 2006, c. 406.","full_text":"A\n\nEvery county and city, and every town having a population of 5,000 or more, shall provide a retirement system for those officers and employees listed in subsection B either (i) by establishing and maintaining a local retirement system which provides a service retirement allowance to each employee who retires at age sixty-five or older which equals or exceeds two-thirds of the service retirement allowance to which the employee would have been entitled had the allowance been computed under the provisions of the Virginia Retirement System or (ii) by participating directly in the Virginia Retirement System.B\n\nThe following persons shall be covered by a retirement system as provided in subsection A:1\n\nOfficers and employees who are regularly employed full time on a salaried basis, whose tenure is not restricted to temporary or provisional employment.2\n\nOfficers and employees who are regularly employed full time on a salaried basis, whose tenure is not restricted to temporary or provisional employment by an organization other than a public school board that functions solely within the boundaries of a county, city, or town, unless the cost of the organization’s operation is borne by (i) users of services, (ii) more than one county, city, or town, or (iii) an entity other than a county, city, or town.3\n\nClerks of the circuit court and deputies or employees of such officers.C\n\nNothing in this chapter shall be construed to prohibit a county, city, or town from participating in the Virginia Retirement System and establishing a local retirement system. If a locality participates in the Virginia Retirement System and establishes a local retirement system, pursuant to § 51.1-801, providing supplemental benefits to the state system, the local system shall not be required to satisfy the criterion established in clause A (i) of this section.D\n\nA county, city, or town shall not be required to provide retirement benefits to an employee who enters into an agreement with the local government for inclusion in a deferred compensation plan when the agreement specifically prohibits inclusion in any other retirement system established by the county, city, or town.","order_by":null,"text":{"0":{"id":293935,"text":"Every county and city, and every town having a population of 5,000 or more, shall provide a retirement system for those officers and employees listed in subsection B either (i) by establishing and maintaining a local retirement system which provides a service retirement allowance to each employee who retires at age sixty-five or older which equals or exceeds two-thirds of the service retirement allowance to which the employee would have been entitled had the allowance been computed under the provisions of the Virginia Retirement System or (ii) by participating directly in the Virginia Retirement System.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293936,"text":"The following persons shall be covered by a retirement system as provided in subsection A:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":293937,"text":"Officers and employees who are regularly employed full time on a salaried basis, whose tenure is not restricted to temporary or provisional employment.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":293938,"text":"Officers and employees who are regularly employed full time on a salaried basis, whose tenure is not restricted to temporary or provisional employment by an organization other than a public school board that functions solely within the boundaries of a county, city, or town, unless the cost of the organization’s operation is borne by (i) users of services, (ii) more than one county, city, or town, or (iii) an entity other than a county, city, or town.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":293939,"text":"Clerks of the circuit court and deputies or employees of such officers.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":293940,"text":"Nothing in this chapter shall be construed to prohibit a county, city, or town from participating in the Virginia Retirement System and establishing a local retirement system. If a locality participates in the Virginia Retirement System and establishes a local retirement system, pursuant to § 51.1-801, providing supplemental benefits to the state system, the local system shall not be required to satisfy the criterion established in clause A (i) of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":293941,"text":"A county, city, or town shall not be required to provide retirement benefits to an employee who enters into an agreement with the local government for inclusion in a deferred compensation plan when the agreement specifically prohibits inclusion in any other retirement system established by the county, city, or town.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14662,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13777,"metadata":{},"date_created":"2026-06-26 03:49:12","date_modified":"2026-06-26 03:49:12","permalink":{"id":236281,"object_type":"structure","relational_id":14662,"identifier":"1","token":"51.1\/8\/1","url":"\/51.1\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13777,"edition_id":1,"name":"Local Retirement Systems","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:45:51","date_modified":"2026-06-26 03:45:51","permalink":{"id":236279,"object_type":"structure","relational_id":13777,"identifier":"8","token":"51.1\/8","url":"\/51.1\/8\/","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":82031,"structure_id":14662,"section_number":"51.1-800","catch_line":"Counties, cities, and certain towns to establish local systems or participate in Virginia Retirement System","url":"\/51.1-800\/","token":"51.1\/8\/1\/51.1-800","metadata":false},{"id":56250,"structure_id":14662,"section_number":"51.1-801","catch_line":"Counties, cities, and towns generally","url":"\/51.1-801\/","token":"51.1\/8\/1\/51.1-801","metadata":false},{"id":77134,"structure_id":14662,"section_number":"51.1-801.1","catch_line":"Portability of service credit between certain political subdivisions of the Commonwealth and the Virginia Retirement System or certain other political subdivisions of the Commonwealth","url":"\/51.1-801.1\/","token":"51.1\/8\/1\/51.1-801.1","metadata":false},{"id":56314,"structure_id":14662,"section_number":"51.1-802","catch_line":"Assets of retirement systems; exemption from taxation; execution and assignment","url":"\/51.1-802\/","token":"51.1\/8\/1\/51.1-802","metadata":false},{"id":56610,"structure_id":14662,"section_number":"51.1-803","catch_line":"Investments of retirement systems","url":"\/51.1-803\/","token":"51.1\/8\/1\/51.1-803","metadata":false},{"id":68961,"structure_id":14662,"section_number":"51.1-804","catch_line":"In certain cities","url":"\/51.1-804\/","token":"51.1\/8\/1\/51.1-804","metadata":false},{"id":82534,"structure_id":14662,"section_number":"51.1-805","catch_line":"In certain counties","url":"\/51.1-805\/","token":"51.1\/8\/1\/51.1-805","metadata":false},{"id":77958,"structure_id":14662,"section_number":"51.1-806","catch_line":"Reimbursement by Commonwealth for portion of employer contribution on account of certain officers and employees","url":"\/51.1-806\/","token":"51.1\/8\/1\/51.1-806","metadata":false}],"next_section":{"id":56250,"structure_id":14662,"section_number":"51.1-801","catch_line":"Counties, cities, and towns generally","url":"\/51.1-801\/","token":"51.1\/8\/1\/51.1-801","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-800\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 157 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 1952 \u201cActs\u201d aren\u2019t available online. It has been modified 12 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 1954, chapter 241; in 1958, chapter 367; in 1960, chapter 400; in 1973, chapter 523; in 1974, chapter 353; in 1975, chapter 296; in 1976, chapter 581; in 1977, chapter 620; in 1990, chapter 832; in 1991, chapter 381; in 1993, chapter 866; in 2006, chapter 406<\/a>.<\/p>","references":[{"id":66857,"section_number":"15.2-1544","catch_line":"Counties, cities, towns, school divisions, and certain political subdivisions may establish local trusts or equivalent arrangements to fund postemployment benefits other than pensions","order_by":null,"url":"\/15.2-1544\/"},{"id":83820,"section_number":"30-19.1:7","catch_line":"Bills related to the Virginia Retirement System; impact statements","order_by":null,"url":"\/30-19.1_7\/"},{"id":58413,"section_number":"51.1-1003","catch_line":"Financial reports by retirement systems; auditor to promulgate standards","order_by":null,"url":"\/51.1-1003\/"},{"id":56250,"section_number":"51.1-801","catch_line":"Counties, cities, and towns generally","order_by":null,"url":"\/51.1-801\/"},{"id":64537,"section_number":"51.1-822","catch_line":"Amendment, suspension, or revocation of retirement plan and trust","order_by":null,"url":"\/51.1-822\/"}],"refers_to":[{"id":56250,"section_number":"51.1-801","catch_line":"Counties, cities, and towns generally","order_by":null,"url":"\/51.1-801\/"}],"permalink":{"id":236283,"object_type":"law","relational_id":82031,"identifier":"51.1-800","token":"51.1\/8\/1\/51.1-800","url":"\/51.1-800\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-800\/","token":"51.1\/8\/1\/51.1-800","dublin_core":{"Title":"Counties, cities, and certain towns to establish local systems or participate in Virginia Retirement System","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-800","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every county and city, and every town having a population of 5,000 or more, shall provide a retirement system for those officers and employees listed in subsection B either (i) by establishing and maintaining a local retirement system which provides a service retirement allowance to each employee who retires at age sixty-five or older which equals or exceeds two-thirds of the service retirement allowance to which the employee would have been entitled had the allowance been computed under the provisions of the Virginia Retirement System or (ii) by participating directly in the Virginia Retirement System. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The following persons shall be covered by a retirement system as provided in subsection A: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Officers and employees who are regularly employed full time on a salaried basis, whose tenure is not restricted to temporary or provisional employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Officers and employees who are regularly employed full time on a salaried basis, whose tenure is not restricted to temporary or provisional employment by an organization other than a public school board that functions solely within the boundaries of a county, city, or town, unless the cost of the organization’s operation is borne by (i) users of services, (ii) more than one county, city, or town, or (iii) an entity other than a county, city, or town. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Clerks of the circuit<\/span> court<\/span> and deputies or employees of such officers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this chapter shall be construed to prohibit a county, city, or town from participating in the Virginia Retirement System and establishing a local retirement system. If a locality participates in the Virginia Retirement System and establishes a local retirement system, pursuant to § 51.1-801<\/a>, providing supplemental benefits to the state system, the local system shall not be required to satisfy the criterion established in clause A (i) of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A county, city, or town shall not be required to provide retirement benefits to an employee who enters into an agreement with the local government for inclusion in a deferred compensation plan when the agreement specifically prohibits inclusion in any other retirement system established by the county, city, or town. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOUNTIES, CITIES, AND CERTAIN TOWNS TO ESTABLISH LOCAL SYSTEMS OR PARTICIPATE IN\nVIRGINIA RETIREMENT SYSTEM (\u00a7 51.1-800)\n\nA. Every county and city, and every town having a population of 5,000 or more,\nshall provide a retirement system for those officers and employees listed in\nsubsection B either (i) by establishing and maintaining a local retirement\nsystem which provides a service retirement allowance to each employee who\nretires at age sixty-five or older which equals or exceeds two-thirds of the\nservice retirement allowance to which the employee would have been entitled had\nthe allowance been computed under the provisions of the Virginia Retirement\nSystem or (ii) by participating directly in the Virginia Retirement System.\n\nB. The following persons shall be covered by a retirement system as provided in\nsubsection A:\n\n 1. Officers and employees who are regularly employed full time on a salaried\n basis, whose tenure is not restricted to temporary or provisional employment.\n\n 2. Officers and employees who are regularly employed full time on a salaried\n basis, whose tenure is not restricted to temporary or provisional employment\n by an organization other than a public school board that functions solely\n within the boundaries of a county, city, or town, unless the cost of the\n organization’s operation is borne by (i) users of services, (ii) more\n than one county, city, or town, or (iii) an entity other than a county, city,\n or town.\n\n 3. Clerks of the circuit court and deputies or employees of such officers.\n\nC. Nothing in this chapter shall be construed to prohibit a county, city, or\ntown from participating in the Virginia Retirement System and establishing a\nlocal retirement system. If a locality participates in the Virginia Retirement\nSystem and establishes a local retirement system, pursuant to § 51.1-801,\nproviding supplemental benefits to the state system, the local system shall not\nbe required to satisfy the criterion established in clause A (i) of this\nsection.\n\nD. A county, city, or town shall not be required to provide retirement benefits\nto an employee who enters into an agreement with the local government for\ninclusion in a deferred compensation plan when the agreement specifically\nprohibits inclusion in any other retirement system established by the county,\ncity, or town.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.31; 1954, c. 241; 1958, c. 367; 1960, c. 400;\n1973, c. 523; 1974, c. 353; 1975, c. 296; 1976, c. 581; 1977, c. 620; 1990, c.\n832; 1991, c. 381; 1993, c. 866; 2006, c. 406.","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}}