                                 CODE OF VIRGINIA

CESSATION OF SUPPLEMENTAL DISABILITY BENEFITS; SERVICE RETIREMENT (§ 51.1-1169)

A. Supplemental disability benefits shall cease to be paid to a participating
employee upon the first to occur of the following:

   1. The end of the period of supplemental disability coverage as provided in
   subsection E of &#xA7; 51.1-1163 or subsection E of &#xA7; 51.1-1165;

   2. The date of death of the participating employee;

   3. On the date the employee attains normal retirement age; or

   4. The effective date of the participating full-time employee&#8217;s service
   retirement under the hybrid retirement program described in &#xA7; 51.1-169
   or, in the case of an eligible dispatcher, the effective date of the eligible
   dispatcher&#8217;s service retirement under any provision of this title.
   				Notwithstanding the foregoing, an employee who is approved for
   supplemental disability benefits (i) at age 60 through 64 shall be eligible
   for five years of supplemental disability benefits, (ii) at age 65 through 68
   shall be eligible for supplemental disability benefits to age 70, and (iii) at
   age 69 or older shall be eligible for supplemental disability benefits for one
   year. The eligibility periods include supplemental short-term disability and
   supplemental long-term disability.

B. Upon the cessation of benefits payable under the Act, a participating
full-time employee may take service retirement under any provision of this title
for which the employee is otherwise eligible, including the hybrid retirement
program described in &#xA7; 51.1-169. Such employee shall be authorized to elect
any option for the payment of his retirement allowance provided under subsection
A of &#xA7; 51.1-165.

C. The employee&#8217;s average final compensation shall be equal to his
creditable compensation on the date of the commencement of the disability
increased by an amount recommended by the actuary of the Virginia Retirement
System, and approved by the Board, from the date of the commencement of the
disability to the date of retirement.

D. The creditable service of a participating full-time employee taking service
retirement pursuant to this section shall include periods during which the
employee received supplemental disability benefits, provided that such
creditable service shall not include periods for which (i) the employee received
supplemental short-term disability benefits, (ii) the employer did not report
such creditable service to the retirement system, and (iii) the employee did not
purchase such creditable service.

HISTORY: 2012, cc. 701, 823; 2025, c. 190.