CHAPTER 508

An Act to amend and reenact § 51-158, of the Code of Virginia, relating
to disability retirement allowance for State Police officers. P
[S 219]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 51-153, of the Code of Virginia be amended and reenacted
as follows:

§ 51-153. Disability retirement allowance.—(a) Upon retirement as
provided in § 51-152 on or after July one, nineteen hundred and sixty-
six, @ member shall receive an annual retirement allowance payable
monthly during his lifetime and continued disability equal to one and
three-eighths per centum of his average final compensation multiplied by
the smaller of :

(i) Twice the number of his years of creditable service; or

(ii) The number of years of creditable service he would have com-
pleted at age sixty, if he had remained in service to that age; subject,
however, to the provisions of subsections (b) and (c) of this section.

In the case of any beneficiary retired for disability prior to July
one, nineteen hundred and sixty-six who has not attained his sixtieth
birthday as of that date, the allowance payable after July one, nineteen
hundred and sixty-six shall be equal to the allowance theretofore paid,
subject to the provisions of subsection (b) of this section, until his sixtieth
birthday. On and after the sixtieth birthday of such a beneficiary, the
allowance payable shall be equal to the service retirement allowance for
normal retirement determined in accordance with paragraph (1) of sub-
section (a) of § 51-151, subject to the provisions of subsections (b) and
(c) of § 51-151, on the assumption that creditable compensation on the
date of disability retirement continued in the same amount up to his sixtieth
birthday and on the assumption that years of creditable service at normal
retirement included both the creditable service prior to disability
retirement and the period of disability retirement.
(b) Notwithstanding the provisions of subsection (a) of this section,
the amount of annual retirement allowance as determined under this sec-
tion shall, effective six months after retirement date and subject to the
provisions of subsection (d) of this section, be at least an amount which
when added to the primary social security benefits to which the member
may become entitled under the federal Social Security Act in effect at his
retirement date would equal one thousand dollars or twenty-five per centum
of average final compensation, whichever is larger, provided further the
annual amount of the combined retirement system allowance and primary
social security benefit for any member retired or retiring and credited
with twenty or more years of service at the time of retirement shall,
effective six months after retirement date, and subject to the provisions
of subsection (d) of this section, not be less than the retirement allow-
ance payable, including increases provided by law, to former members
retired for disability under the provisions of the retirement acts in effect
prior to March one, nineteen hundred and fifty-two.

(c) Notwithstanding the provisions of subsection (a) of this section,
if a member retires for disability under the provisions of subsection (b)
of § 51-152, the amount of annual retirement allowance as determined
under this section shall, subject to the provisions of subsections (d) and
(e) of this section, be at least an amount which when added to the primary
social security benefits to which the member may become entitled under
the federal Social Security Act in effect at his retirement date would
equal two thirds of the sum of the member’s average final compensation
plus twelve hundred dollars.

(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.
If a beneficiary does not qualify for, or loses, primary social security
benefits to which he is entitled under the federal Social Security Act
because of his failure to make application therefor, entering into covered
employment, or otherwise, such primary social security benefits shall never-
theless be considered as being received by such beneficiary for the pur-
poses of this section.

(e) Any allowance payable to a member under this section shall be
reduced by the amount of any payments under the Virginia Workmen’s
Compensation Act and the excess of the allowance, if any, shall be paid
to such member. When the time for payments of the compensation under
such Act has elapsed, the member shall thereafter receive the full amount
of aay allowance payable monthly during his lifetime and continued dis-
abili .

_(f) The payment of any disability allowance hereunder shall be
subject to the provisions of §§ 51-111.61, 51-111.62 and 51-111.63 to the
extent applicable.

2. The amendment of § 51-153 shall not affect any payments made or
received under such section prior to the effective date of this act.

3. This act shall take effect July one, nineteen hundred sixty-eight.