                                 CODE OF VIRGINIA

SERVICE RETIREMENT GENERALLY (§ 51.1-216)

A. Normal retirement.

   1. Any employee commencing employment or reemployment on or after July 1,
   2001, and any employee who makes the election provided in &#xA7; 51.1-221, who
   is a member in service in any retirement program administered by the Virginia
   Retirement System at his normal retirement date with five or more years of
   creditable service (i) as a member in the retirement system established by
   this chapter, (ii) as a member in the retirement system established by Chapter
   2 (&#xA7; 51.1-200 et seq.) of this title, or (iii) while earning the benefits
   permitted by &#xA7; 51.1-138, may retire upon written notification to the
   Board, setting forth the date the retirement is to become effective.
   				Effective December 31, 2003, any employee in service on June 30, 2002, and
   July 1, 2002, who is credited with five or more years of creditable service
   rendered under Chapter 1 (&#xA7; 51.1-100 et seq.) of this title, Chapter 2
   (&#xA7; 51.1-200 et seq.) of this title, or this chapter shall not be subject
   to the vesting requirements of this section, and &#xA7;&#xA7; 51.1-138 and
   51.1-205.

   2. Any other employee who is a member in service at his normal retirement date
   with five or more years of creditable service (i) as a member in the
   retirement system established by this chapter, (ii) as a member in the
   retirement system established by Chapter 2 (&#xA7; 51.1-200 et seq.) of this
   title, or (iii) while earning the benefits permitted by &#xA7; 51.1-138 may
   retire upon written notification to the Board, setting forth the date the
   retirement is to become effective.
   				Effective December 31, 2003, any employee in service on June 30, 2002, and
   July 1, 2002, who is credited with five or more years of creditable service
   rendered under Chapter 1 (&#xA7; 51.1-100 et seq.) of this title, Chapter 2
   (&#xA7; 51.1-200 et seq.) of this title, or this chapter shall not be subject
   to the vesting requirements of this section, and &#xA7;&#xA7; 51.1-138 and
   51.1-205.

B. Early retirement.

   1. Any employee commencing employment or reemployment on or after July 1,
   2001, and any employee who makes the election provided in &#xA7; 51.1-221, who
   is a member in service in any retirement program administered by the Virginia
   Retirement System other than the program established by this chapter shall
   retire pursuant to the early retirement provisions of the retirement program
   of which he is a member at the time of retirement.
   				Effective December 31, 2003, any employee in service on June 30, 2002, and
   July 1, 2002, who is credited with five or more years of creditable service
   rendered under Chapter 1 (&#xA7; 51.1-100 et seq.) of this title, Chapter 2
   (&#xA7; 51.1-200 et seq.) of this title, or this chapter shall not be subject
   to the vesting requirements of this section, and &#xA7;&#xA7; 51.1-138 and
   51.1-205.

   2. Any other employee who is a member in service and who has attained his
   fiftieth birthday with five or more years of creditable service (i) as a
   member in the retirement system established by this chapter, (ii) as a member
   in the retirement system established by Chapter 2 (&#xA7; 51.1-200 et seq.) of
   this title, or (iii) while earning the benefits permitted by &#xA7; 51.1-138
   may retire upon written notification to the Board setting forth the date the
   retirement is to become effective.
   				Effective December 31, 2003, any employee in service on June 30, 2002, and
   July 1, 2002, who is credited with five or more years of creditable service
   rendered under Chapter 1 (&#xA7; 51.1-100 et seq.) of this title, Chapter 2
   (&#xA7; 51.1-200 et seq.) of this title, or this chapter shall not be subject
   to the vesting requirements of this section, and &#xA7;&#xA7; 51.1-138 and
   51.1-205.

C. Deferred retirement for members terminating service.

   1. Any employee commencing employment or reemployment on or after July 1,
   2001, and any employee who makes the election provided in &#xA7; 51.1-221, who
   terminates service from any position with membership in any retirement program
   administered by the Virginia Retirement System, may retire under the
   provisions of subdivision A 1 or B 1 if (i) he is otherwise eligible for such
   benefits, (ii) he has not withdrawn his accumulated contributions prior to the
   effective date of his retirement, and (iii) he has five or more years of
   creditable service (a) as a member in the retirement system established by
   this chapter, (b) as a member in the retirement system established by Chapter
   2 (&#xA7; 51.1-200 et seq.) of this title, or (c) while earning the benefits
   permitted by &#xA7; 51.1-138 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. No member shall be entitled to the benefits of this subsection if his
   employer certifies that his service was terminated because of dishonesty,
   malfeasance, or misfeasance in office. The certification may be appealed to
   the Board.
   				Effective December 31, 2003, any employee in service on June 30, 2002, and
   July 1, 2002, who is credited with five or more years of creditable service
   rendered under Chapter 1 (&#xA7; 51.1-100 et seq.) of this title, Chapter 2
   (&#xA7; 51.1-200 et seq.) of this title, or this chapter shall not be subject
   to the vesting requirements of this section, and &#xA7;&#xA7; 51.1-138 and
   51.1-205.

   2. Any other member who terminates service after five or more years of
   creditable service (i) as a member in the retirement system established by
   this chapter, (ii) as a member in the retirement system established by Chapter
   2 (&#xA7; 51.1-200 et seq.) of this title, or (iii) while earning the benefits
   permitted by &#xA7; 51.1-138 may retire under the provisions of subdivision A
   2 or B 2 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 (a) as a member in the retirement system established by this chapter,
   (b) as a member in the retirement system established by Chapter 2 (&#xA7;
   51.1-200 et seq.) of this title, or (c) while earning the benefits permitted
   by &#xA7; 51.1-138 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.
   				Effective December 31, 2003, any employee in service on June 30, 2002, and
   July 1, 2002, who is credited with five or more years of creditable service
   rendered under Chapter 1 (&#xA7; 51.1-100 et seq.) of this title, Chapter 2
   (&#xA7; 51.1-200 et seq.) of this title, or this chapter shall not be subject
   to the vesting requirements of this section, and &#xA7;&#xA7; 51.1-138 and
   51.1-205.

D. Effective date of retirement. &#8212; The effective date of retirement shall
be after the last day of service, but shall not be more than 90 days prior to
the filing of the notice of retirement.

E. Notification on behalf of member. &#8212; If the member is physically or
mentally unable to submit written notification of his intention to retire, the
member&#8217;s appointing authority may submit notification on his behalf.

HISTORY: 1999, c. 585; 2000, cc. 66, 657, 911; 2001, c. 804; 2002, c. 466; 2004,
c. 83; 2011, c. 483.