CHAPTER 186

An Act to amend and reenact §§ 51-111.56, and 51-111.57, as amended, of
the Code of Virginia, relating, respectively, to disability retirement
and disability retirement allowance under the Virginia Supplemental
Retirement Act.

[H 268]

Approved March 5, 1964

Be it enacted by the General Assembly of Virginia:
1. That §§ 51-111.56 and 51-111.57, as amended, of the Code of Virginia
be amended and reenacted, as follows:

§ 51-111.56 (a) Any member in service who has ten or more years
of creditable service may, at any time before his normal retirement date,
retire on account of disability upon written notification to the Board,
made by the member or his employer, setting forth at what time the retire-
ment is to become effective; provided that such effective date shall be after
his last day of service but shall not be more than ninety days prior to the
filing of such notice; provided, however, that in the case of any member
entering service on or after July one, nineteen hundred sixty, the creditable
service requirement for disability retirement shall be fifteen years unless
such member, within ninety days after commencement of service, has sub-
mitted a medical report satisfactory to the Medical Board showing that
the member was at such time of sound mind and body, in which case the
ten-year requirement shall apply; provided further that the Medical Board,
after a medical examination of the member requesting disability retire-
ment, shall certify that such member is, and has been continuously since
such effective date if prior to the filing of such notice, mentally or physi-
cally incapacitated for the further performance of duty and that such in-
capacity is likely to be permanent and that such member should be retired.

(b) Any law enforcement officer member in service who has not
attained age sixty-five may be retired on account of total and permanent
disability as a result of the felonious misconduct of another provided such
act occurred subsequent to May one, nineteen hundred sixty-three while the
member was in service and on active duty, 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 but shall not be
more than ninety days prior to the date of such notification.

§ 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 norma] 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 nor-
mal 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 retirement date.

(c) Disability retirement guarantee.—The disability retirement al-
lowance payable on or after a member’s normal retirement date to a former
member of the abolished system who transferred his accumulated contri-
butions to the retirement system and who has not withdrawn such contri-
butions 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 retire-
ment 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 the determination of the benefits guaranteed under this paragraph.

(c-1) Upon retirement as provided in subsection (b) of § 51-111.56 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 that such allowance
shall not exceed four thousand dollars annually. Such retirement allowance
shall be reduced by the primary social security benefit to which the member
may become entitled under the Federal Social Security Act.

(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, pro-
vided 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 provided further that effective July one, nineteen hundred
sixty-two, the annual amount of the combined retirement system allow-
ance 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 allowance 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 mem-
ber shall thereafter receive the full amount of such allowance payable
monthly during his lifetime and continued disability.

2. An emergency exists and this Act is in force from its passage.