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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70634</law_id><section_number>51.1-124.3</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-46.2</reference><reference>2.2-2203.3</reference><reference>2.2-2817.2</reference><reference>2.2-2818</reference><reference>2.2-3204</reference><reference>23.1-2415</reference><reference>51.1-1100</reference><reference>51.1-1150</reference><reference>51.1-124.12</reference><reference>51.1-126.3</reference><reference>51.1-1401</reference><reference>51.1-1402</reference><reference>51.1-1402.1</reference><reference>51.1-1403</reference><reference>51.1-142.2</reference><reference>51.1-145</reference><reference>51.1-155</reference><reference>51.1-169</reference><reference>51.1-303</reference><reference>51.1-400</reference><reference>51.1-500</reference><reference>51.1-502.1</reference><reference>51.1-505</reference><reference>51.1-512</reference><reference>62.1-129.1</reference><reference>65.2-101</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="51.1">Pensions, Benefits, and Retirement</unit><unit label="chapter" level="2" order_by="1" identifier="1">Virginia Retirement System</unit><unit label="article" level="3" order_by="1" identifier="1.1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Abolished system</span>&#x201D; means the Virginia Retirement Act, &#xA7;&#xA7;&#xA0;51-30 through 51-111, repealed by Chapter 1 of the Acts of Assembly of 1952.
		&#x201C;<span class="dictionary">Accumulated contributions</span>&#x201D; means the sum of all amounts deducted from the compensation of a <span class="dictionary">member</span> and credited to his individual account in the <span class="dictionary">member</span>&#x2019;s contribution account, all amounts the <span class="dictionary">member</span> may contribute to purchase <span class="dictionary">creditable service</span>, all <span class="dictionary">member</span> contributions contributed by the <span class="dictionary">employer</span> on behalf of the employee, on or after July 1, 1980, except those amounts contributed on behalf of <span class="dictionary">members</span> of the General Assembly who are otherwise retired under the provisions of this chapter, and all interest accruing to these funds. If a <span class="dictionary">member</span> is retired for disability from a cause which is compensable under the Virginia Workers&#x2019; Compensation Act (&#xA7;&#xA0;<a class="law" title="Short title" href="/65.2-100/">65.2-100</a> et seq.), dies in service prior to retirement, or requests a refund of contributions in accordance with &#xA7;&#xA0;<a class="law" title="Withdrawal of contributions before retirement" href="/51.1-161/">51.1-161</a>, &#x201C;<span class="dictionary">accumulated contributions</span>&#x201D; shall include all <span class="dictionary">member</span> contributions paid by the <span class="dictionary">employer</span> on behalf of the <span class="dictionary">member</span> on and after July 1, 1980, and all interest which would have accrued to these funds.
		&#x201C;<span class="dictionary">Actuarial equivalent</span>&#x201D; means a benefit of equal value when computed upon the basis of actuarial tables adopted by the Board.
		&#x201C;<span class="dictionary">Average final compensation</span>&#x201D; means the average annual <span class="dictionary">creditable compensation</span> of a <span class="dictionary">member</span> during his 60 highest consecutive months of <span class="dictionary">creditable service</span> or during the entire period of his <span class="dictionary">creditable service</span> if less than 60 months. However, for any <span class="dictionary">member</span> who (i) is not a person who becomes a <span class="dictionary">member</span> on or after July 1, 2010, and (ii) as of January 1, 2013, has at least 60 months of <span class="dictionary">creditable service</span>, &#x201C;<span class="dictionary">average final compensation</span>&#x201D; means the average annual <span class="dictionary">creditable compensation</span> of a <span class="dictionary">member</span> during his 36 highest consecutive months of <span class="dictionary">creditable service</span>. A participant in the hybrid retirement program described in &#xA7;&#xA0;<a class="law" title="Hybrid retirement program" href="/51.1-169/">51.1-169</a> shall be considered to be a person who becomes a <span class="dictionary">member</span> on or after July 1, 2010, for the purposes of this definition.
		If a <span class="dictionary">member</span> ceased employment prior to July 1, 1974, &#x201C;<span class="dictionary">average final compensation</span>&#x201D; means the average annual <span class="dictionary">creditable compensation</span> during the five highest consecutive years of <span class="dictionary">creditable service</span>.
		&#x201C;<span class="dictionary">Beneficiary</span>&#x201D; means any person entitled to receive benefits under this chapter.
		&#x201C;Board&#x201D; means the Board of Trustees of the Virginia Retirement System.
		&#x201C;<span class="dictionary">Creditable compensation</span>&#x201D; means the full compensation payable annually to an employee working full time in his covered position. For any <span class="dictionary">state employee</span> of a public institution of higher education or a teaching hospital affiliated with a public institution of higher education who is (i) compensated on a salaried basis and (ii) working full time in a covered position pursuant to a contract of employment for a period of at least nine months, <span class="dictionary">creditable compensation</span> means the full compensation payable over the term of any contract entered into between the employee and the <span class="dictionary">employer</span>, without regard to whether or not the term of the contract coincides with the normal scholastic year. However, if the contract is for more than one year, <span class="dictionary">creditable compensation</span> means that compensation paid for the current year of the contract.
		Remuneration received by <span class="dictionary">members</span> of the General Assembly not otherwise retired under the provisions of this chapter pursuant to &#xA7;&#xA7;&#xA0;<a class="law" title="Salaries of Speaker of House of Delegates and members of General Assembly" href="/30-19.11/">30-19.11</a> and <a class="law" title="Compensation of members of the General Assembly and certain commissions engaged in legislative services" href="/30-19.12/">30-19.12</a> shall be deemed <span class="dictionary">creditable compensation</span>. In addition, for any <span class="dictionary">member</span> of the General Assembly, <span class="dictionary">creditable compensation</span> shall include the full amount of salaries payable to such <span class="dictionary">member</span> for working in covered positions, regardless of whether a contractual salary is reduced and not paid to such <span class="dictionary">member</span> because of service in the General Assembly.
		&#x201C;<span class="dictionary">Creditable service</span>&#x201D; means <span class="dictionary">prior service</span> as set forth in &#xA7;&#xA0;<a class="law" title="Prior service or membership credit for certain members; service credit for accumulated sick leave" href="/51.1-142.2/">51.1-142.2</a> plus <span class="dictionary">membership service</span> for which credit is allowable.
		&#x201C;Employee&#x201D; means any <span class="dictionary">teacher</span>, <span class="dictionary">state employee</span>, officer, or employee of a locality participating in the Retirement System.
		&#x201C;<span class="dictionary">Employer</span>&#x201D; means the Commonwealth in the case of a <span class="dictionary">state employee</span>, the local public school board in the case of a <span class="dictionary">teacher</span>, or the <span class="dictionary">political subdivision</span> participating in the Retirement System.
		&#x201C;<span class="dictionary">Joint Rules Committee</span>&#x201D; means those <span class="dictionary">members</span> of the House of Delegates and the Senate designated by the Speaker of the House and the Chairman of the Senate Committee on Rules, respectively, to meet with each other and to act jointly on behalf of the Committee on Rules for each house.
		&#x201C;<span class="dictionary">Local officer</span>&#x201D; means the treasurer, commissioner of the revenue, attorney for the Commonwealth, clerk of a <span class="dictionary">circuit</span> <span class="dictionary">court</span>, or sheriff of any county or city, or deputy or employee of any such officer.
		&#x201C;<span class="dictionary">Medical Board</span>&#x201D; means the <span class="dictionary">boards</span> composed of physicians or other health care professionals as provided by this chapter.
		&#x201C;<span class="dictionary">Member</span>&#x201D; means any person included in the membership of the Retirement System.
		&#x201C;<span class="dictionary">Membership service</span>&#x201D; means service as an employee rendered while a contributing <span class="dictionary">member</span> of the Retirement System except as provided in this chapter.
		&#x201C;<span class="dictionary">Normal retirement date</span>&#x201D; means a <span class="dictionary">member</span>&#x2019;s sixty-fifth birthday. However, for any (i) person who becomes a <span class="dictionary">member</span> on or after July 1, 2010, or (ii) <span class="dictionary">member</span> who does not have at least 60 months of <span class="dictionary">creditable service</span> as of January 1, 2013, under this chapter his <span class="dictionary">normal retirement date</span> shall be the date that the <span class="dictionary">member</span> attains his &#x201C;<span class="dictionary">retirement age</span>&#x201D; as defined under the Social Security Act (42 U.S.C. &#xA7;&#xA0;416 et seq., as now or hereafter amended).
		&#x201C;Person who becomes a <span class="dictionary">member</span> on or after July 1, 2010,&#x201D; means a person who is not a <span class="dictionary">member</span> of a <span class="dictionary">retirement plan administered by the Virginia Retirement System</span> the first time he is hired on or after July 1, 2010, in a covered position. Subsequent separation from such position and subsequent employment in a covered position shall not alter the status of a person who becomes a <span class="dictionary">member</span> on or after July 1, 2010.
		&#x201C;<span class="dictionary">Political subdivision</span>&#x201D; means any county, city, or town, any political entity, subdivision, branch, or unit of the Commonwealth, or any commission, public authority, or body corporate created by or under an act of the General Assembly specifying the powers, <span class="dictionary">privileges</span>, or authority capable of exercise by the commission, public authority, or body corporate.
		&#x201C;<span class="dictionary">Prior service</span>&#x201D; means service rendered prior to becoming a <span class="dictionary">member</span> of the Retirement System.
		&#x201C;<span class="dictionary">Purchase of service contract</span>&#x201D; means a contract entered into by the <span class="dictionary">member</span> and the Retirement System for the purchase of service credit by the <span class="dictionary">member</span> as provided in &#xA7;&#xA0;<a class="law" title="Prior service or membership credit for certain members; service credit for accumulated sick leave" href="/51.1-142.2/">51.1-142.2</a>.
		&#x201C;<span class="dictionary">Retirement allowance</span>&#x201D; means the retirement payments to which a <span class="dictionary">member</span> is entitled.
		&#x201C;<span class="dictionary">Retirement plan administered by the Virginia Retirement System</span>&#x201D; means a retirement plan established under this title administered by the Virginia Retirement System, or by an agency that has been delegated administrative responsibility by the Virginia Retirement System, but such term shall exclude any plan established under Chapter 6 (&#xA7;&#xA0;<a class="law" title="Definitions" href="/51.1-600/">51.1-600</a> et seq.) or Chapter 6.1 (&#xA7;&#xA0;<a class="law" title="Moving residence or business into Commonwealth" href="/58.1-607/">58.1-607</a> et seq.).
		&#x201C;Retirement System&#x201D; means the Virginia Retirement System.
		&#x201C;Service&#x201D; means service as an employee.
		&#x201C;Social security disability benefit&#x201D; means, with respect to any <span class="dictionary">member</span>, the social security disability benefits to which the <span class="dictionary">member</span> is entitled pursuant to the provisions of the federal Social Security Act as in effect at his date of retirement.
		&#x201C;<span class="dictionary">State employee</span>&#x201D; means any person who is regularly employed full time on a salaried basis, whose tenure is not restricted as to temporary or provisional appointment, in the service of, and whose compensation is payable, no more often than biweekly, in whole or in part, by the Commonwealth or any department, institution, or agency thereof. &#x201C;<span class="dictionary">State employee</span>&#x201D; shall include any faculty <span class="dictionary">member</span>, but not including adjunct faculty, of a public institution of higher education (a) who is compensated on a salary basis, (b) whose tenure is not restricted as to temporary or provisional appointment, and (c) who regularly works at least 20 hours but less than 40 hours per week (or works the equivalent of one-half of a full time equivalent position) engaged in the performance of teaching, administrative, or research duties at such institution; such faculty <span class="dictionary">member</span> shall be deemed an eligible employee for purposes of the retirement provisions under &#xA7;&#xA7;&#xA0;<a class="law" title="Employees of institutions of higher education" href="/51.1-126/">51.1-126</a>, <a class="law" title="Certain employees of teaching hospitals" href="/51.1-126.1/">51.1-126.1</a>, and <a class="law" title="Employees of the University of Virginia Medical Center" href="/51.1-126.3/">51.1-126.3</a>. &#x201C;<span class="dictionary">State employee</span>&#x201D; shall also include the Governor, Lieutenant Governor, <span class="dictionary">Attorney General</span>, and <span class="dictionary">members</span> of the General Assembly but shall not include (i) any <span class="dictionary">local officer</span>, (ii) any employee of a <span class="dictionary">political subdivision</span> of the Commonwealth, (iii) individuals employed by the Department for the Blind and Vision Impaired pursuant to &#xA7;&#xA0;<a class="law" title="Establishment of rehabilitative manufacturing and service industries; expenditures" href="/51.5-72/">51.5-72</a>, (iv) any <span class="dictionary">member</span> of the State Police Officers&#x2019; Retirement System, (v) any <span class="dictionary">member</span> of the Judicial Retirement System, or (vi) any <span class="dictionary">member</span> of the Virginia <span class="dictionary">Law</span> Officers&#x2019; Retirement System.
		&#x201C;<span class="dictionary">Teacher</span>&#x201D; means any person who is regularly employed full time on a salaried basis as a professional or clerical employee of a county, city, or other local public school board.</p></section></text><history>1952, c. 157, &#xA7;&#xA7; 51-111.10, 51-111.31; 1954, cc. 241, 497; 1956, c. 98; 1956, Ex. Sess., c. 64; 1958, c. 367; 1960, cc. 400, 604; 1966, cc. 174, 175; 1970, c. 779; 1971, Ex. Sess., cc. 88, 185; 1972, cc. 568, 708; 1973, cc. 322, 523, 545, 546; 1974, cc. 353, 484; 1975, cc. 296, 597, 611; 1976, cc. 581, 678, 699; 1977, c. 620; 1980, c. 722, &#xA7; 51-111.10:01; 1982, cc. 467, 478; 1984, c. 430; 1986, c. 474; 1987, c. 392; 1990, c. 832, &#xA7; 51.1-101; 1992, cc. 811, 826; 1993, c. 895; 1994, cc. 4, 85, 876; 1996, cc. 711, 731; 1999, cc. 929, 974; 2000, c. 911; 2001, cc. 686, 697; 2003, c. 628; 2005, cc. 933, 945; 2007, c. 89; 2010, cc. 737, 738; 2012, cc. 701, 823; 2014, c. 356; 2018, cc. 53, 305; 2021, Sp. Sess. I, cc. 53, 54.</history><metadata></metadata></law>
