                                 CODE OF VIRGINIA

DISABILITY RETIREMENT ALLOWANCE (§ 51.1-157)

A. Allowance payable on retirement. &#x2014; Upon retirement for disability, a
member who has five or more years of creditable service shall receive an annual
retirement allowance during his lifetime and continued disability equal to 1.70
percent of his average final compensation multiplied by the smaller of (i) twice
the amount of his creditable service or (ii) the amount of creditable service he
would have completed at age 60 if he had remained in service to that age.
Notwithstanding the foregoing, for a member who (a) is a person who becomes a
member on or after July 1, 2010, or (b) does not have at least 60 months of
creditable service as of January 1, 2013, the allowance shall equal 1.65 percent
of his average final compensation multiplied by the smaller of (1) twice the
amount of his creditable service or (2) the amount of creditable service he
would have completed at age 60 if he had remained in service to that age. If a
member has already attained age 60, the amount of creditable service at his date
of retirement shall be used.
			For retirements between October 1, 1994, and December 31, 1998, any employee
or local officer who is a member or beneficiary of a retirement system
administered by the Board shall receive an additional retirement allowance equal
to three percent of the disability retirement allowance payable under this
section; provided that, for purposes of this additional retirement allowance,
the term employee shall include only those employees of political subdivisions
that have adopted a resolution providing for such an allowance under subsection
B of &#xA7; 51.1-130. Average final compensation attributable to service as
Governor, Lieutenant Governor, Attorney General, or member of the General
Assembly shall not be included in computing this additional retirement
allowance.

B. Workers&#8217; compensation guarantee. &#x2014; If a member retires for
disability from a cause which is compensable under the Virginia Workers&#8217;
Compensation Act (&#xA7; 65.2-100 et seq.), the amount of the annual retirement
allowance shall equal 66 and two-thirds percent of the member&#8217;s average
final compensation if the member does not qualify for social security disability
benefits under the provisions of the Social Security Act in effect on the date
of his retirement. If the member qualifies for social security disability
benefits or has attained his normal retirement age under the provisions of the
Social Security Act in effect on the date of his retirement, the allowance
payable from the retirement system shall equal 50 percent of his average final
compensation. A member shall be entitled to the larger of the retirement
allowance as determined under the provisions of subsection A or under the
provisions of this subsection.

C. Reduction of allowance. &#x2014; Any allowance payable to a member who
retires for disability from a cause compensable under the Virginia
Workers&#8217; Compensation Act shall be reduced by the amount of any payments
under the provisions of the Act in effect on the date of retirement of the
member and the excess of the allowance shall be paid to the member. When the
time for compensation payments under the Act has elapsed, the member shall
receive the full amount of the allowance payable during his lifetime and
continued disability. If the member&#8217;s payments under the Virginia
Workers&#8217; Compensation Act are adjusted or terminated for refusal to work
or to comply with the requirements of &#xA7; 65.2-603, his allowance shall be
computed as if he were receiving the compensation to which he would otherwise be
entitled.

D. Special retirement allowance guarantee. &#x2014; Any member retired from a
cause which is not compensable under the Virginia Workers&#8217; Compensation
Act shall be guaranteed an annual retirement allowance during his lifetime and
continued disability which equals 50 percent of the member&#8217;s average final
compensation if the member does not qualify for social security disability
benefits under the provisions of the Social Security Act in effect on the date
of his retirement. If the member qualifies for social security disability
benefits or has attained his normal retirement age under the provisions of the
Social Security Act in effect on the date of retirement, the allowance payable
from the retirement system shall equal 33 and one-third percent of his average
final compensation.

E. Determination of retirement allowance. &#x2014; For the purposes 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.

HISTORY: 1952, c. 157, § 51-111.57; 1956, cc. 560, 652; 1960, c. 604; 1962, c.
245; 1964, c. 186; 1966, c. 174; 1970, c. 476; 1971, Ex. Sess., c. 88; 1972, c.
568; 1973, c. 523; 1974, c. 353; 1976, c. 541; 1980, c. 722, § 51-111.57:1;
1982, c. 467; 1986, c. 474; 1990, c. 832; 1993, c. 895; 1994, 1st Sp. Sess., c.
5; 1998, c. 674; 2012, cc. 701, 823; 2021, Sp. Sess. I, cc. 53, 54.