                                 CODE OF VIRGINIA

PARTICIPATION IN THE PROGRAM (§ 51.1-1153)

A. 1.  All eligible employees shall become participants in this program,
provided, however, that the governing body of an employer may adopt a resolution
on or before January 1, 2014, which shall be submitted to the Board, requesting
that its eligible employees not participate in the program because the employer
has or will establish, and continue to maintain, comparable disability coverage
for such eligible employees. The election by the governing body of an employer
not to participate in this program shall be irrevocable. The employer need not
consider the provisions of § 51.1-1178 when determining the comparability of
its disability coverage to this program. As the context requires, the term
&#8220;participating employee&#8221; includes the employees of an employer
electing not to participate in the program under this subdivision.

   2. Beginning July 1, 2026, eligible dispatchers shall become participants in
   the program. Such participation shall be subject to the limitations described
   in &#xA7; 51.1-1179, and the locality employing such eligible dispatchers
   shall provide the costs required for funding participation in the program
   pursuant to &#xA7; 51.1-1183. However, if a locality made an irrevocable
   election not to participate in the program pursuant to subdivision 1, such
   dispatchers shall not become participants in the program but shall become
   participants in the comparable disability coverage established and maintained
   by the locality. An eligible dispatcher who is a participant in the program or
   in the disability coverage provided by a locality electing not to participate
   in the program shall not be eligible for disability retirement benefits
   pursuant to &#xA7; 51.1-156.

   3. Notwithstanding the provisions of subdivision 2, an eligible dispatcher
   shall not become a participant in the program or in the disability coverage
   provided by a locality electing not to participate in the program but shall
   remain subject to the provisions governing disability retirement if the
   eligible dispatcher was (i) awarded disability retirement benefits pursuant to
   &#xA7; 51.1-156 prior to July 1, 2026, and continued to receive such
   disability retirement benefits on or after July 1, 2026, or (ii) employed on
   June 30, 2025, and on July 1, 2025, and made an irrevocable election no later
   than March 31, 2026, to remain covered by disability retirement benefits
   pursuant to &#xA7; 51.1-156. If an election is not made by March 31, 2026,
   such eligible dispatcher shall be deemed to have elected to become a
   participant in the program or in the comparable disability coverage provided
   by the locality.

B. The effective date of participation in the program for participating
employees shall be their first day of employment or the effective date of their
participation in the hybrid retirement program described in &#xA7; 51.1-169,
whichever is later. The effective date of participation for eligible dispatchers
shall be July 1, 2026, or their first date of employment, whichever is later.

C. Notwithstanding any provision to the contrary, no participating employee
shall receive benefits under Article 2 (&#xA7; 51.1-1154 et seq.) until the
participating employee completes one year of continuous service.

D. Eligibility for participation in the program shall terminate upon the
earliest to occur of an employee&#8217;s (i) termination of employment or (ii)
death. Eligibility for participation in the program shall be suspended during
periods that an employee is placed on nonpay status, including leave without
pay, if such nonpay status is due to suspension pending investigation or outcome
of employment-related court or disciplinary action.

HISTORY: 2012, cc. 701, 823; 2014, c. 356; 2015, c. 660; 2025, c. 190.