                                 CODE OF VIRGINIA

DISABILITY RETIREMENT (§ 51.1-156)

A. Any member in service or within ninety days after termination of service who
has not withdrawn his accumulated contributions as provided for in &#xA7;
51.1-128 may retire for disability not compensable under the Virginia
Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.) upon written
notification to the Board setting forth the date the retirement is to become
effective.

B. Any member in service or within ninety days after termination of service may
retire for disability from a cause compensable under the Virginia Workers&#8217;
Compensation Act upon written notification to the Board setting forth the date
the retirement is to become effective.

C. If no compensation is finally awarded under the Virginia Workers&#8217;
Compensation Act, due to legal proceedings or otherwise resulting in settlement
from the persons causing the disability, the Virginia Workers&#8217;
Compensation Commission shall determine whether the member&#8217;s disability is
from a cause compensable under the Virginia Workers&#8217; Compensation Act.

D. The effective date of retirement shall be after the member&#8217;s last day
of service but shall not be more than ninety days prior to the filing of the
notice of retirement. The Board may waive the ninety-day requirement upon a
showing of good cause.

E. After a medical examination of the member or after reviewing pertinent
medical records, the Medical Board shall certify that (i) the member is and has
been continuously since the effective date of retirement if prior to filing of
the notification, mentally or physically incapacitated for the further
performance of duty, (ii) the incapacity is likely to be permanent, and (iii)
the member should be retired. A member shall not be retired for disability for
any condition which existed at the time of becoming a member unless medical
evidence, convincing to the Board, supports the fact that the pre-existing
condition has worsened substantially.

F. In the event 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.

G. Any member who has been on leave of absence without pay for a period
exceeding twenty-four months shall not be entitled to retire under the
provisions of this section. This subsection shall not apply to any member who is
disabled while on leave without pay while performing active duty military
service in the armed forces of the United States.

H. For good cause shown, the Board may waive the ninety-day notification periods
set forth in subsections A and B. For purposes of this section, good cause shall
exist and the Board shall waive such ninety-day notification periods if (i) the
member would otherwise qualify for disability retirement but for failing to
comply with the requirements of subsection A or B and (ii) the Medical Board,
acting solely in its own discretion after reviewing objective medical evidence
of the disability and its cause, certifies that: (a) the disability and its
cause existed on the date the member&#8217;s employment was terminated, (b) the
member had no knowledge of the existence of the disability and its cause at any
time within ninety days after the date the member&#8217;s employment was
terminated, and (c) the member could not, with reasonable inquiry, have
ascertained the existence of the disability and its cause within ninety days
after the date the member&#8217;s employment was terminated.

HISTORY: 1952, c. 157, § 51-111.56; 1960, c. 604; 1964, c. 186; 1966, c. 174;
1973, c. 523; 1982, c. 427; 1986, c. 474; 1988, c. 724; 1990, c. 832; 1992, c.
811; 1995, c. 307; 2009, c. 362.