CODE OF VIRGINIA

DISABILITY RETIREMENT ALLOWANCE (§ 51.1-308)

A. 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. However, for a
member appointed or elected to an original term commencing on or after January
1, 2013, the applicable percentage shall be 1.65 percent, and for a member
participating in the hybrid retirement program described in § 51.1-169, the
applicable percentage shall be one percent. If a member has already attained age
60, the amount of creditable service at his date of retirement shall be used.In
no case shall the annual retirement allowance exceed 78 percent of the average
final compensation of the member.

B. If a member retires for disability from a cause which is compensable under
the Virginia Workers’ Compensation Act (§ 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’s average
final compensation if the member does not qualify for primary social security
benefits under the provisions of the Social Security Act in effect on the date
of his retirement. If the member qualifies for primary social security benefits
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 of this section or under the provisions of this subsection.

C. 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. 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. Any allowance payable to a member who retires for disability from a cause
compensable under the Virginia Workers’ 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’s payments
under the Virginia Workers’ Compensation Act are adjusted or terminated
for refusal to work or to comply with the requirements of § 65.2-603, his
allowance shall be computed as if he were receiving the compensation to which he
would otherwise be entitled.

F. Any member retired from a cause which is not compensable under the Virginia
Workers’ Compensation Act shall be guaranteed an annual retirement
allowance during his lifetime and continued disability which equals 50 percent
of the member’s average final compensation if the member does not qualify
for primary social security benefits under the provisions of the Social Security
Act in effect on the date of his retirement. If the member qualifies for primary
social security benefits 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, 1st Sp.
Sess., c. 5; 1999, c. 111; 2000, c. 911; 2012, cc. 701, 823; 2014, c. 776; 2015,
c. 660.