Code of Virginia § 51.1-1161. Cessation of disability benefits; service retirement.
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/va/title-51-1/chapter-11-1/51-1-1161·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Disability benefits shall cease to be paid to a participating employee upon the first to occur of the following:
1. The end of the period of disability coverage as provided in subsection D of § 51.1-1155 or subsection D of § 51.1-1157 ;
2. The date of death of the participating employee;
3. The date that the participating employee attains normal retirement age; or
4. The effective date of the participating full-time employee's service retirement under the hybrid retirement program described in § 51.1-169 or, in the case of an eligible dispatcher, the effective date of the eligible dispatcher's service retirement under any provision of this title.
Notwithstanding the foregoing, an employee who is approved for disability benefits
(i)at age 60 through 64 shall be eligible for five years of disability benefits,
(ii)at age 65 through 68 shall be eligible for disability benefits to age 70, and
(iii)at age 69 or older shall be eligible for disability benefits for one year. The eligibility periods include short-term disability and long-term disability.
B. A participating full-time employee receiving disability benefits who is a vested member of the retirement system, including the hybrid retirement program described in § 51.1-169 , shall be eligible for service retirement under any provision of this title for which the employee is otherwise eligible. Such employee shall be authorized to elect any option for the payment of his retirement allowance provided under subsection A of § 51.1-165 for which the employee is otherwise eligible.
C. The average final compensation of any participating full-time employee taking a service retirement under any provision of this title shall be equal to his creditable compensation on the date of the commencement of the disability increased by an amount recommended by the program actuary and approved by the Board, from the date of the commencement of the disability to the date of retirement.
D. The creditable service of a participating full-time employee taking service retirement pursuant to this section shall include periods during which the employee received disability benefits.
2012, cc. 701 , 823 ; 2025, c. 190 .