CODE OF VIRGINIA

SERVICE RETIREMENT GENERALLY (§ 51.1-205)

A. Any member in service at his normal retirement date with five or more years
of creditable service (i) as a member in the retirement system established by
this chapter, (ii) as a member in the retirement system established by Chapter
2.1 (§ 51.1-211 et seq.), or (iii) while earning the benefits permitted by §
51.1-138 may retire upon written notification to the Board, setting forth the
date the retirement is to become effective. Any member, except one appointed by
the Governor or elected by the people, or a regional jail or jail farm
superintendent, who attains 70 years of age shall be retired within 60 days of
attaining age 70. Any employer, subsequent to the employee’s normal
retirement date, may provide for compulsory service retirement upon a
determination that age is a bona fide occupational qualification reasonably
necessary to the normal operation of the particular business or that the
employee is incapable of performing his duties in a safe and efficient manner.
Any such determination shall be made by the employer.Effective December 31,
2003, any member in service on June 30, 2002, and July 1, 2002, who is credited
with five or more years of creditable service rendered under Chapter 1 (§
51.1-100 et seq.), this chapter, or Chapter 2.1 (§ 51.1-211 et seq.) shall not
be subject to the vesting requirements of this section, and §§ 51.1-138 and
51.1-216.

B. Any member in service who has attained his fiftieth birthday with five or
more years of creditable service (i) as a member in the retirement system
established by this chapter, (ii) as a member in the retirement system
established by Chapter 2.1 (§ 51.1-211 et seq.), or (iii) while earning the
benefits permitted by § 51.1-138 may retire upon written notification to the
Board setting forth the date the retirement is to become effective.Effective
December 31, 2003, any member in service on June 30, 2002, and July 1, 2002, who
is credited with five or more years of creditable service rendered under Chapter
1 (§ 51.1-100 et seq.), this chapter, or Chapter 2.1 (§ 51.1-211 et seq.)
shall not be subject to the vesting requirements of this section, and §§
51.1-138 and 51.1-216.

C. Any member who terminates service after five or more years of creditable
service (i) as a member in the retirement system established by this chapter,
(ii) as a member in the retirement system established by Chapter 2.1 (§
51.1-211 et seq.), or (iii) while earning the benefits permitted by § 51.1-138,
may retire under the provisions of subsection A, B, or D if he has not withdrawn
his accumulated contributions prior to the effective date of his retirement or
if he has 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 2.1 (§ 51.1-211 et seq.), or (c) while earning
the benefits permitted by § 51.1-138, regardless of termination date, for which
his employer has paid the contributions and such contributions cannot be
withdrawn. For the purposes of this subsection, any requirements as to the
member being in service shall not apply.Effective December 31, 2003, any member
in service on June 30, 2002, and July 1, 2002, who is credited with five or more
years of creditable service rendered under Chapter 1 (§ 51.1-100 et seq.), this
chapter, or Chapter 2.1 (§ 51.1-211 et seq.) shall not be subject to the
vesting requirements of this section, and §§ 51.1-138 and 51.1-216.

D. The effective date of retirement shall be after the last day of service of
the member, but shall not be more than 90 days prior to the filing of the notice
of retirement.

E. If the member is physically or mentally unable to submit written notification
of his intention to retire, the member’s appointing authority may submit
notification on his behalf.

HISTORY: Code 1950, §§ 51-134, 51-150; 1950, p. 884; 1954, c. 139; 1956, c.
562; 1962, c. 585; 1966, c. 628; 1970, c. 657; 1977, c. 620; 1982, c. 427; 1984,
c. 430; 1986, c. 474; 1988, c. 222; 1989, c. 484; 1990, c. 832; 1995, cc. 152,
692, 811; 1996, c. 997; 1999, c. 111; 2000, cc. 66, 657, 911; 2002, c. 466;
2004, c. 83; 2005, c. 146; 2008, c. 28; 2011, c. 483; 2012, c. 85.