                                 CODE OF VIRGINIA

SERVICE RETIREMENT ALLOWANCE (§ 51.1-217)

A. A member shall receive an annual retirement allowance, payable for life, as
follows:

   1. Normal retirement.
   				a. Notwithstanding the provisions of &#xA7;&#xA7; 51.1-155, 51.1-155.1 and
   51.1-155.2, for any employee commencing employment or reemployment on or after
   July 1, 2001, and for any employee who makes the election provided in &#xA7;
   51.1-221, the allowance shall equal (i) two percent of his average final
   compensation multiplied by the amount of creditable service earned (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
   Title 51.1, or (c) while earning the benefits permitted by &#xA7; 51.1-138;
   and (ii) 1.70 percent of his average final compensation multiplied by all
   other creditable service, if any; and
   				b. For any other employee, the allowance shall equal 1.70 percent of his
   average final compensation multiplied by the amount of creditable service.

   2. Early retirement. &#8212; The allowance shall be determined in the same
   manner as for normal retirement with creditable service and average final
   compensation being determined as of the date of actual retirement.
   				a. For an individual retiring pursuant to subdivision B 1 of &#xA7;
   51.1-216, who is not retiring directly from service as an employee as defined
   in &#xA7; 51.1-212, and who has less than thirty years of service shall retire
   under the provisions of the retirement system for which he is a member as of
   his retirement date; and
   				b. For all other individuals retiring pursuant to subdivision B 1 of
   &#xA7; 51.1-216, and for an individual retiring pursuant to subdivision B 2 of
   &#xA7; 51.1-216 who has less than twenty-five years of service at retirement,
   the amount of the retirement allowance shall be reduced on an actuarial
   equivalent basis for the period by which the actual retirement date precedes
   the earlier of (i) his normal retirement date or (ii) the first date on or
   after his fiftieth birthday on which he would have completed a total of
   twenty-five years of creditable service.

B. Any person who is an employee on June 30, 2001, and on July 1, 2001, who does
not make the election provided in &#xA7; 51.1-221, shall receive, in addition to
the allowance payable under subsection A, from the date of his retirement until
his sixty-fifth birthday, an annual allowance equal to $9,264. Beginning July 1,
2001, and biennially thereafter, such allowance shall be reviewed and adjusted
by the Board to an amount recommended by the actuary of the Virginia Retirement
System based upon increases in Social Security benefits in the interim. This
subsection shall not apply to the following: (i) any member who qualifies for
retirement under subsection C of &#xA7; 51.1-216 and is credited with less than
twenty years&#8217; service rendered in a hazardous position or (ii) any member
employed initially on or after July 1, 1974, who is credited with less than
twenty years&#8217; service rendered in a hazardous position.

C. If a beneficiary of a service retirement allowance under this chapter is at
any time in service as an employee in a position covered for retirement purposes
under the provisions of this or any chapter other than Chapter 7 (&#xA7;
51.1-700 et seq.) of this title, his retirement allowance shall cease while so
employed.

D. No person shall be eligible to receive any of the allowances provided in this
section if he receives retirement benefits under Chapter 2 (&#xA7; 51.1-200 et
seq.) of Title 51.1 or under &#xA7; 51.1-138. No person shall receive any
allowance pursuant to subdivision A 1 (i) if he has received an allowance
pursuant to subsection B of &#xA7; 51.1-206 or subsection B of &#xA7; 51.1-217,
unless, after receiving the allowance pursuant to subsection B of &#xA7;
51.1-206 or subsection B of &#xA7; 51.1-217, he becomes employed or reemployed
as an employee defined in &#xA7; 51.1-212, and thereafter earns 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 Title 51.1, or (c) while earning the benefits
permitted by &#xA7; 51.1-138.

HISTORY: 1999, c. 585; 2000, c. 911; 2001, c. 804; 2002, c. 466.