CHAPTER 454

An Act to amend and reenact § 51-186, as amended, of the Code of
Virginia, relating to retirement for disability of members of the
State Police.

[fH 306]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 51-136, as amended, of the Code of Virginia, be amended and
reenacted as follows: i.

§ 51-136. (a) Any member in service at any time before attaining
age sixty may be retired on account of disability not compensable under
the Virginia Workmen’s Compensation Act as provided in the Virginia
Supplemental Retirement Act. ;

(b) Upon retirement as provided in paragraph (a) of this section a
member shall receive an annual retirement allowance payable monthly
during his lifetime and continued disability which shall consist in the case
of :

(1) Any allowance payable prior to the member attaining age sixty:
An amount equal to one and one-quarter per centum of his average final
compensation multiplied by the number of years of his creditable service.

(2) Any allowance payable on and after the member’s attaining age
sixty: An amount equal to the service retirement allowance for retire-
ment age sixty determined on the assumption that the member’s creditable
compensation on the date of disability retirement continued in the same
amount up to his attaining age sixty and on the assumption of years of
creditable service up to his attaining age sixty including in creditable
service the period of disability retirement prior to age sixty.

(3) Any allowance payable on and after the member’s attaining age
sixty-five: An amount equal to the service retirement allowance for re-
tirement age sixty reduced by the actual primary Social Security benefit
to which the member may become entitled under the Federal Social Secur-
ity Act in effect at his sixty-fifth birthday.

(c) Any member in service may at any time before attaining age
sixty, retire on account of total disability for duty occurring after July
one, nineteen hundred fifty-four, and compensable under the Virginia
Workmen’s Compensation Act, upon written notification to the Board,
made by the member or his appointing authority setting forth at what time
the retirement is to become effective; provided that such effective date
shall be after the last day of service and after the date the award of com-
pensation under that act becomes final but shall not be more than ninety
days prior to the date of such notification.
(d) Upon retirement as provided in paragraph (c) of this section
a member shall receive an annual retirement allowance payable monthly
during his lifetime and continued disability which shall consist of two-
thirds of his average final compensation; provided, however, that the
amount of any retirement allowance payable after the member's sixty-
fifth birthday shall be reduced by the amount of any primary Social Se-
curity benefit to which the member may become entitled under the Federal
Social Security Act in effect at his sixty-fifth birthday. The weekly com-
pensation finally awarded to such member under the Virginia Workmen’s
Compensation Act shall be deducted from such allowance, 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 al-
lowance payable monthly during his lifetime and continued disability.

(e) Any member in service who is totally and permanently disabled
while on active duty as a result of the felonious misconduct of another,
and who is not less than thirty years of age and has been in service not less
than seven years, and whose disability has occurred since January one,
nineteen hundred sixty, may retire as provided in (c) above and the said
member shall be entitled to maintenance and services at the Woodrow
Wilson Rehabilitation Center without being liable to pay for the same.