CODE OF VIRGINIA

LIMITATIONS ON AVERAGE FINAL COMPENSATION (§ 51.1-152)

If an employee receives increases in compensation in the last four years of
service which are not related to promotion and which exceed the average increase
received by other employees of the same employer holding comparable positions,
the excess shall be excluded when computing the average final compensation if
the Board finds, after consideration of all circumstances, that the primary
purpose of the salary increase was to increase the retirement benefit of the
employee.  If there are no employees of the same employer holding comparable
positions, the increases may be excluded from the average final compensation if
they exceed the average percentage increase received by all other employees of
the same employer.  Creditable compensation assumed to have been received for
the purpose of purchasing service shall be excluded from a member’s
average final compensation.

HISTORY: 1952, c. 157, § 51-111.10; 1954, c. 497; 1956, c. 98; 1956, Ex. Sess.,
c. 64; 1960, c. 604; 1966, cc. 174, 175; 1970, c. 779; 1971, Ex. Sess., cc. 88,
185; 1972, cc. 568, 708; 1973, cc. 322, 523, 545, 546; 1974, cc. 353, 484; 1975,
cc. 597, 611; 1976, cc. 678, 699; 1977, c. 620; 1980, c. 722, § 51-111.10:01;
1982, cc. 467, 478; 1984, c. 430; 1986, c. 474; 1987, c. 392; 1990, c. 832.