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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>71752</law_id><section_number>51.1-306</section_number><catch_line>Service retirement allowance</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>51.1-130</reference><reference>51.1-165.01</reference><reference>51.1-306.1</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="3">Judicial Retirement System</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Retirement allowance. &#x2014; A member shall receive an annual retirement allowance, payable for life as follows: <a id="paragraph-258505" class="section-permalink" href="https://vacode.org/51.1-306/#A"><i class="fa fa-link"/></a></p></section>
						<section id="A1" class="indent-1"><p><span class="prefix-number">1.</span> Normal retirement.
				a. For a member appointed or elected to an original term commencing prior to January 1, 2013, the allowance shall equal 1.70 percent of his average final compensation multiplied by the amount of <span class="dictionary">creditable service</span>.
				b. For a member appointed or elected to an original term commencing on or after January 1, 2013, and prior to January 1, 2014, the allowance shall equal the sum of (i) 1.65 percent of his average final compensation multiplied by the amount of his <span class="dictionary">creditable service</span> performed or purchased on or after January 1, 2013, and (ii) 1.70 percent of his average final compensation multiplied by the amount of all other <span class="dictionary">creditable service</span>.
				c. For a member appointed or elected to an original term commencing on or after January 1, 2014, and prior to July 1, 2026, the allowance shall equal the sum of (i) one percent of his average final compensation multiplied by the amount of <span class="dictionary">creditable service</span> performed or purchased on or after January 1, 2014, and prior to July 1, 2026; (ii) 1.65 percent of his average final compensation multiplied by the amount of <span class="dictionary">creditable service</span> performed or purchased on or after July 1, 2026; and (iii) the percentage of his average final compensation applicable to any other retirement plan administered by the Virginia <span class="dictionary">Retirement System</span> multiplied by the amount of all <span class="dictionary">creditable service</span> performed or purchased while participating in such other retirement plan.
				d. For a member appointed or elected to an original term commencing on or after July 1, 2026, the allowance shall equal the sum of (i) 1.65 percent of his average final compensation multiplied by the amount of <span class="dictionary">creditable service</span> performed or purchased on or after July 1, 2026, and (ii) the percentage of his average final compensation applicable to any other retirement plan administered by the Virginia <span class="dictionary">Retirement System</span> multiplied by the amount of all <span class="dictionary">creditable service</span> performed or purchased while participating in such other retirement plan.
				In no case shall the annual retirement allowance exceed 78 percent of the average final compensation of the member.
				For retirements between October 1, 1994, and December 31, 1998, any <span class="dictionary">judge</span> who is a member or beneficiary of a <span class="dictionary">retirement system</span> administered by the Board shall receive an additional retirement allowance equal to three percent of the service retirement allowance payable under this section. Average final compensation attributable to service as Governor, Lieutenant Governor, <span class="dictionary">Attorney General</span>, or member of the General Assembly shall not be included in computing this additional retirement allowance. <a id="paragraph-258506" class="section-permalink" href="https://vacode.org/51.1-306/#A1"><i class="fa fa-link"/></a></p></section>
						<section id="A2" class="indent-1"><p><span class="prefix-number">2.</span> Early retirement. &#x2014; The allowance shall be determined in the same manner as for normal retirement with <span class="dictionary">creditable service</span> and average final compensation being determined as of the date of actual retirement. If the member has not attained his sixtieth birthday or has less than 30 years of service, 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 <span class="dictionary">normal retirement date</span> or (ii) the first date on or after his sixtieth birthday on which he would have completed a total of 30 years of <span class="dictionary">creditable service</span>.
				In no case shall the annual retirement allowance exceed 78 percent of the average final compensation of the member. <a id="paragraph-258507" class="section-permalink" href="https://vacode.org/51.1-306/#A2"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Normal and early retirement guarantees. &#x2014; Any member who was a member of one of the <span class="dictionary">previous systems</span> immediately prior to July 1, 1970, and who would have been eligible for retirement benefits thereunder shall be guaranteed a minimum retirement allowance no less than that for which he would have qualified had he continued to participate therein. <a id="paragraph-258508" class="section-permalink" href="https://vacode.org/51.1-306/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Determination of retirement allowance. &#x2014; For the purposes of subsection B 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-258509" class="section-permalink" href="https://vacode.org/51.1-306/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Beneficiary serving in position covered by this title. &#x2014; If a beneficiary of a service retirement allowance under this chapter or under any of the <span class="dictionary">previous systems</span> 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 (&#xA7; <a class="law" title="Definitions" href="/51.1-700/">51.1-700</a> et seq.) of this title, his retirement allowance shall cease while so employed. <a id="paragraph-258510" class="section-permalink" href="https://vacode.org/51.1-306/#D"><i class="fa fa-link"/></a></p></section></text><history>1970, c. 779, &#xA7; 51-168; 1972, c. 568; 1973, c. 523; 1974, c. 353; 1977, c. 620; 1978, c. 841; 1981, c. 393; 1984, c. 430; 1990, c. 832; 1994, Sp. Sess. I, c. 5; 1998, c. 674; 2012, cc. 701, 823; 2013, c. 463; 2014, c. 776; 2025, c. 508.</history><metadata></metadata></law>
