                                 CODE OF VIRGINIA

DISABILITY RETIREMENT ALLOWANCE (§ 51.1-308)

A. Allowance payable on retirement.

   1. Upon retirement for disability, a member who has five or more years of
   creditable service shall receive an annual retirement allowance payable during
   his lifetime and continued disability equal to 1.70 percent of average final
   compensation when multiplied by the smaller of (i) twice the amount of
   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. If a member has
   already attained age 60, the amount of creditable service at his date of
   retirement shall be used.

   2. For a member appointed or elected to an original term commencing on or
   after January 1, 2013, and prior to January 1, 2014, the applicable percentage
   used to calculate the disability retirement allowance pursuant to subdivision
   1 shall be 1.65 percent.

   3. For a member appointed or elected to an original term commencing on or
   after January 1, 2014, and prior to July 1, 2026, the applicable percentage
   used to calculate the disability retirement allowance pursuant to subdivision
   1 shall be (i) one percent for service rendered between January 1, 2014, and
   July 1, 2026, and (ii) 1.65 percent for service rendered on or after July 1,
   2026.

   4. For a member appointed or elected to an original term commencing on or
   after July 1, 2026, the applicable percentage used to calculate the disability
   retirement allowance pursuant to subdivision 1 shall be 1.65 percent.
   				In no case shall the annual retirement allowance exceed 78 percent of the
   average final compensation of the member.

B. Workers&#8217; compensation guarantee. 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, subject to the provisions of subsection D, 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. General disability retirement guarantee. The disability retirement allowance
payable to a member who immediately prior to July 1, 1970, was a member of one
of the previous systems shall be at least an amount equal to the disability
retirement allowance to which he would have been entitled under the provisions
of the previous system.

D. Determination of retirement allowance. 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.

E. Reduction of allowance. 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 such 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.

F. Special retirement allowance guarantee. 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.

HISTORY: 1970, c. 779, § 51-170; 1972, c. 568; 1973, c. 523; 1974, c. 353;
1976, cc. 541, 654; 1986, c. 474; 1990, c. 832; 1993, c. 895; 1994, Sp. Sess. I,
c. 5; 1999, c. 111; 2000, c. 911; 2012, cc. 701, 823; 2014, c. 776; 2015, c.
660; 2021, Sp. Sess. I, cc. 53, 54; 2025, c. 508.