A. Allowance payable on retirement. - Upon retirement for disability, amember who has five or more years of creditable service shall receive anannual retirement allowance, not to exceed seventy-eight percent of hisaverage final compensation, payable during his lifetime and continueddisability equal to 1.70 percent of average final compensation whenmultiplied by the smaller of (i) twice the amount of creditable service or(ii) the amount of creditable service he would have completed at age sixty ifhe had remained in service to that age. If a member has already attained agesixty, the amount of creditable service at his date of retirement shall beused.
B. Workers' compensation guarantee. - If a member retires for disability froma 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 sixty-six and two-thirdspercent of the member's average final compensation if the member does notqualify for primary social security benefits under the provisions of theSocial Security Act in effect on the date of his retirement. If the memberqualifies for primary social security benefits under the provisions of theSocial Security Act in effect on the date of his retirement, the allowancepayable from the retirement system shall equal fifty percent of his averagefinal compensation. A member shall be entitled to the larger of theretirement allowance as determined under the provisions of subsection A ofthis section or under the provisions of this subsection.
C. General disability retirement guarantee. - The disability retirementallowance payable to a member who immediately prior to July 1, 1970, was amember of one of the previous systems shall be at least an amount equal tothe disability retirement allowance to which he would have been entitledunder 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 theretirement allowance is payable to the member alone and that no optionalretirement allowance is elected.
E. Reduction of allowance. - Any allowance payable to a member who retiresfor disability from a cause compensable under the Virginia Workers'Compensation Act shall be reduced by the amount of any payments under theprovisions of the Act in effect on the date of retirement of the member andthe excess of the allowance shall be paid to such member. When the time forcompensation payments under the Act has elapsed, the member shall receive thefull amount of the allowance payable during his lifetime and continueddisability. If the member's payments under the Virginia Workers' CompensationAct are adjusted or terminated for refusal to work or to comply with therequirements of § 65.2-603, his allowance shall be computed as if he werereceiving the compensation to which he would otherwise be entitled.
F. Special retirement allowance guarantee. - Any member retired from a causewhich is not compensable under the Virginia Workers' Compensation Act shallbe guaranteed an annual retirement allowance during his lifetime andcontinued disability which equals fifty percent of the member's average finalcompensation if the member does not qualify for primary social securitybenefits under the provisions of the Social Security Act in effect on thedate of his retirement. If the member qualifies for primary social securitybenefits under the provisions of the Social Security Act in effect on thedate of retirement, the allowance payable from the retirement system shallequal thirty-three and one-third percent of his average final compensation.
(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.)
A. Allowance payable on retirement. - Upon retirement for disability, amember who has five or more years of creditable service shall receive anannual retirement allowance, not to exceed seventy-eight percent of hisaverage final compensation, payable during his lifetime and continueddisability equal to 1.70 percent of average final compensation whenmultiplied by the smaller of (i) twice the amount of creditable service or(ii) the amount of creditable service he would have completed at age sixty ifhe had remained in service to that age. If a member has already attained agesixty, the amount of creditable service at his date of retirement shall beused.
B. Workers' compensation guarantee. - If a member retires for disability froma 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 sixty-six and two-thirdspercent of the member's average final compensation if the member does notqualify for primary social security benefits under the provisions of theSocial Security Act in effect on the date of his retirement. If the memberqualifies for primary social security benefits under the provisions of theSocial Security Act in effect on the date of his retirement, the allowancepayable from the retirement system shall equal fifty percent of his averagefinal compensation. A member shall be entitled to the larger of theretirement allowance as determined under the provisions of subsection A ofthis section or under the provisions of this subsection.
C. General disability retirement guarantee. - The disability retirementallowance payable to a member who immediately prior to July 1, 1970, was amember of one of the previous systems shall be at least an amount equal tothe disability retirement allowance to which he would have been entitledunder 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 theretirement allowance is payable to the member alone and that no optionalretirement allowance is elected.
E. Reduction of allowance. - Any allowance payable to a member who retiresfor disability from a cause compensable under the Virginia Workers'Compensation Act shall be reduced by the amount of any payments under theprovisions of the Act in effect on the date of retirement of the member andthe excess of the allowance shall be paid to such member. When the time forcompensation payments under the Act has elapsed, the member shall receive thefull amount of the allowance payable during his lifetime and continueddisability. If the member's payments under the Virginia Workers' CompensationAct are adjusted or terminated for refusal to work or to comply with therequirements of § 65.2-603, his allowance shall be computed as if he werereceiving the compensation to which he would otherwise be entitled.
F. Special retirement allowance guarantee. - Any member retired from a causewhich is not compensable under the Virginia Workers' Compensation Act shallbe guaranteed an annual retirement allowance during his lifetime andcontinued disability which equals fifty percent of the member's average finalcompensation if the member does not qualify for primary social securitybenefits under the provisions of the Social Security Act in effect on thedate of his retirement. If the member qualifies for primary social securitybenefits under the provisions of the Social Security Act in effect on thedate of retirement, the allowance payable from the retirement system shallequal thirty-three and one-third percent of his average final compensation.
(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.)
A. Allowance payable on retirement. - Upon retirement for disability, amember who has five or more years of creditable service shall receive anannual retirement allowance, not to exceed seventy-eight percent of hisaverage final compensation, payable during his lifetime and continueddisability equal to 1.70 percent of average final compensation whenmultiplied by the smaller of (i) twice the amount of creditable service or(ii) the amount of creditable service he would have completed at age sixty ifhe had remained in service to that age. If a member has already attained agesixty, the amount of creditable service at his date of retirement shall beused.
B. Workers' compensation guarantee. - If a member retires for disability froma 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 sixty-six and two-thirdspercent of the member's average final compensation if the member does notqualify for primary social security benefits under the provisions of theSocial Security Act in effect on the date of his retirement. If the memberqualifies for primary social security benefits under the provisions of theSocial Security Act in effect on the date of his retirement, the allowancepayable from the retirement system shall equal fifty percent of his averagefinal compensation. A member shall be entitled to the larger of theretirement allowance as determined under the provisions of subsection A ofthis section or under the provisions of this subsection.
C. General disability retirement guarantee. - The disability retirementallowance payable to a member who immediately prior to July 1, 1970, was amember of one of the previous systems shall be at least an amount equal tothe disability retirement allowance to which he would have been entitledunder 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 theretirement allowance is payable to the member alone and that no optionalretirement allowance is elected.
E. Reduction of allowance. - Any allowance payable to a member who retiresfor disability from a cause compensable under the Virginia Workers'Compensation Act shall be reduced by the amount of any payments under theprovisions of the Act in effect on the date of retirement of the member andthe excess of the allowance shall be paid to such member. When the time forcompensation payments under the Act has elapsed, the member shall receive thefull amount of the allowance payable during his lifetime and continueddisability. If the member's payments under the Virginia Workers' CompensationAct are adjusted or terminated for refusal to work or to comply with therequirements of § 65.2-603, his allowance shall be computed as if he werereceiving the compensation to which he would otherwise be entitled.
F. Special retirement allowance guarantee. - Any member retired from a causewhich is not compensable under the Virginia Workers' Compensation Act shallbe guaranteed an annual retirement allowance during his lifetime andcontinued disability which equals fifty percent of the member's average finalcompensation if the member does not qualify for primary social securitybenefits under the provisions of the Social Security Act in effect on thedate of his retirement. If the member qualifies for primary social securitybenefits under the provisions of the Social Security Act in effect on thedate of retirement, the allowance payable from the retirement system shallequal thirty-three and one-third percent of his average final compensation.
(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.)
