CHAPTER 245

An Act to amend and reenact § 51-111.57, as amended, of the Code of
Virginia, relating to retirement allowance payable to certain teachers
and State employees.

[S 48]

Approved March 14, 1962
Be it enacted by the General Assembly of Virginia:

1. That § 51-111.57, as amended, of the Code of Virginia, be amended
and reenacted as follows:
§ 51-111.57. Upon retirement as provided in § 51-111.56, a member
shall receive an annual retirement allowance payable monthly during his
lifetime and continued disability which shall consist in the case of:

(a) Any allowance payable prior to the member’s normal retirement
date.—An amount equal to one and one-quarter per centum of his average
final compensation multiplied by his number of years of creditable service.

(b) Any allowance payable on or after the member’s normal retire-
ment date.—An amount equal to the service retirement allowance for
normal retirement determined on the assumption that the member’s
creditable compensation on the date of disability retirement continued in
the same amount up to his normal retirement date and on the assumption
of years of creditable service up to his normal retirement date including in
creditable service the period of disability retirement prior to normal re-
tirement date.

(c) Disability retirement guarantee.—The disability retirement allow-
ance payable on or after a member’s normal retirement date to a former
member of the abolished system who transferred his accumulated contribu-
tions to the retirement system and who has not withdrawn such contribu-
tions prior to such retirement, shall 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 the disability retirement allowance to which
the individual would have been entitled under the provisions of the abolished
system. The provisions of subsection (d) of § 51-111.55 shall not be appli-
cable in determination of the benefits guaranteed under this paragraph.

(d) Minimum disability retirement allowance. Anything in this
section to the contrary notwithstanding the amount of annual retirement
allowance as determined under this section shall 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, effective July one, nineteen hundred sixty, the minimum disability
allowance herein provided shall be applicable in case of any member retired
or retiring subsequent to March one, nineteen hundred fifty-two, and pro-
vided further that effective July one, nineteen hundred sixty-two, 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 not be less
than the retirement allowance payable, including increases provided by the
General Assembly of Virginia, to former members retired for disability
under the provisions of the retirement acts in effect prior to March one,
nineteen hundred fifty-two.

(e) Determination of retirement allowance. 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 is elected.

(f) Reduction of allowance by amount of payments under Workmen’s
Compensation Act. Any allowance payable to a member under this section
shall be reduced by the amount of any payments finally awarded 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 which payments
of the compensation finally awarded under such act has elapsed, the member
shall thereafter receive the full amount of such allowance payable monthly
during his lifetime and continued disability.