Code of Virginia
Chapter 1 - Virginia Retirement System
§ 51.1-161. Withdrawal of contributions before retirement

A. 1. Any member who has five or more years of creditable service, who ceases to be an employee, other than by death or retirement, may receive a refund of his accumulated contributions reduced by the amount of any retirement allowance previously received by him under any of the provisions of Chapter 1 (§ 51.1-124.1 et seq.), 2 (§ 51.1-200 et seq.), 2.1 (§ 51.1-211 et seq.), or 3 (§ 51.1-300 et seq.) or the abolished system.
2. Any member who has less than five years of creditable service, who ceases to be an employee other than by death or involuntary separation due to causes other than job performance or misconduct, as determined by the employer in its sole discretion, shall have such refund reduced by that portion of his accumulated contributions that were paid by his employer on his behalf on or after July 1, 2010. Such reduction shall be transferred to the retirement allowance account of each employer who paid such contributions on a pro rata basis.
B. Accumulated contributions shall be refunded to a member upon retirement for disability only from a cause that is compensable under the Virginia Workers' Compensation Act (§ 65.2-100 et seq.) or to his designated beneficiary upon the death of the member from a cause that is compensable under the Virginia Workers' Compensation Act.
C. If a member becomes covered by an optional retirement plan established under § 51.1-126, 51.1-126.3, 51.1-126.5, or 51.1-126.6, the member may elect to have the balance of his accumulated contributions, as determined under subsection A, transferred directly to such optional retirement plan as a credit to his account in such plan. No portion of the transferred amount shall be available to the member until benefits under the optional retirement plan are otherwise available for distribution. An election to transfer the accumulated contributions to an optional retirement plan shall be treated as a withdrawal of the member's accumulated contributions for purposes of § 51.1-128, except that the member's creditable service shall be taken into account for purposes of Chapter 14 (§ 51.1-1400 et seq.).
1952, c. 157, § 51-111.58; 1960, c. 604; 1970, c. 476; 1986, c. 474; 1988, c. 809; 1990, c. 832; 2001, c. 691; 2006, c. 403; 2010, c. 758; 2012, c. 696.

Structure Code of Virginia

Code of Virginia

Title 51.1 - Pensions, Benefits, and Retirement

Chapter 1 - Virginia Retirement System

§ 51.1-100. Repealed

§ 51.1-124.1. Virginia Retirement System established

§ 51.1-124.2. Virginia Supplemental Retirement System continued as Virginia Retirement System

§ 51.1-124.3. Definitions

§ 51.1-124.4. Exemption of assets from taxation; exemption of benefits and assets from execution and assignment; trust funds; unclaimed property; eligible rollover distribution

§ 51.1-124.5. Disclosure of social security account numbers

§ 51.1-124.6. Benefits to be paid monthly

§ 51.1-124.7. Distribution of assets upon repeal of system

§ 51.1-124.8. Persons affected by changes in retirement benefits

§ 51.1-124.9. Changes or errors in records resulting in erroneous payments; employer liability

§ 51.1-124.10. Falsification of records; penalty

§ 51.1-124.11. Recovery of payments procured by fraud, false statement, etc.

§ 51.1-124.12. Procedure when employer required to withdraw funds

§ 51.1-124.13. Loss of benefits; certain felony convictions

§ 51.1-124.14. Reserved

§ 51.1-124.20. Board of Trustees; membership; terms; quorum; compensation and expenses

§ 51.1-124.21. Application of State and Local Government Conflict of Interests Act

§ 51.1-124.22. Board to administer Retirement System; powers and duties

§ 51.1-124.23. Medical boards

§ 51.1-124.24. Chief investment officer; qualifications; duties

§ 51.1-124.25. Existing advisory committees of the Virginia Retirement System abolished

§ 51.1-124.26. Advisory Committees to the Board of Trustees; membership; terms; qualifications; duties

§ 51.1-124.27. Employees of the Retirement System

§ 51.1-124.28. Legal representation in criminal matters

§ 51.1-124.29. Reserved

§ 51.1-124.30. Board as trustee of funds; investments; standard of care; liability for losses

§ 51.1-124.30:1. Adoption of stress testing and reporting policies

§ 51.1-124.31. Pooling of assets for investment

§ 51.1-124.32. Exemption from Public Procurement Act

§ 51.1-124.33. Deposit of trust funds not an investment; authorized deposits

§ 51.1-124.34. Retention of investments that become ineligible

§ 51.1-124.35. Investment provisions exclusive

§ 51.1-124.36. Investment of assets of the Commonwealth Health Research Fund

§ 51.1-124.37. Investment of assets of the Commonwealth's Attorneys Training Fund

§ 51.1-124.38. Repealed

§ 51.1-124.39. Investment of assets of the Line of Duty Death and Health Benefits Trust Fund

§ 51.1-124.40. Investment of assets of the Opioid Abatement Fund

§ 51.1-125. Persons composing membership; persons holding more than one position

§ 51.1-126. Employees of institutions of higher education

§ 51.1-126.1. Certain employees of teaching hospitals

§ 51.1-126.2. Repealed

§ 51.1-126.3. Employees of the University of Virginia Medical Center

§ 51.1-126.4. Employees of the Virginia Port Authority

§ 51.1-126.5. Defined contribution plan for eligible members

§ 51.1-126.6. Certain employees of public school divisions

§ 51.1-126.7. Employees of the Virginia Outdoors Foundation

§ 51.1-126.8. Maximum contributions to optional plans; coordination of limits

§ 51.1-127. Federal Employees' Retirement System

§ 51.1-128. Cessation of membership

§ 51.1-129. Limitation on membership

§ 51.1-130. Resolution of governing body; approval by Board

§ 51.1-131. Local pension systems; transfer to retirement system

§ 51.1-132. Eligible employees

§ 51.1-133. Limitation on membership

§ 51.1-134. Optional membership; creditable service

§ 51.1-135. Compulsory membership

§ 51.1-136. Submitting information and performing duties prescribed by Board

§ 51.1-137. Computation of employer contribution rates; reimbursement by Commonwealth

§ 51.1-137.1. Certain local data to be provided

§ 51.1-138. Benefits

§ 51.1-139. Procedure when employer in default

§ 51.1-140. Repealed

§ 51.1-141. Service equivalents

§ 51.1-142. Repealed

§ 51.1-142.2. Prior service or membership credit for certain members; service credit for accumulated sick leave

§ 51.1-142.3. Purchase of additional prior service credit by certain school division superintendents

§ 51.1-143. Repealed

§ 51.1-143.1. Portability of service credit between the Virginia Retirement System and certain political subdivisions of the Commonwealth

§ 51.1-144. Member contributions

§ 51.1-145. (Effective until July 1, 2024) Employer contributions

§ 51.1-145. (Effective July 1, 2024) Employer contributions

§ 51.1-146. Failure to report or pay contributions or insurance premiums

§ 51.1-147. Members' contribution account

§ 51.1-148. Retirement allowance account

§ 51.1-149. Appointment of custodian; payments

§ 51.1-150. Deposits

§ 51.1-151. Repealed

§ 51.1-152. Limitations on average final compensation

§ 51.1-153. Service retirement

§ 51.1-154. Compulsory service retirement

§ 51.1-155. Service retirement allowance

§ 51.1-155.1. Exceptions from general early retirement provisions for certain state employees and constitutional officers

§ 51.1-155.2. Exceptions from general early retirement provisions for certain local government officials

§ 51.1-156. Disability retirement

§ 51.1-157. Disability retirement allowance

§ 51.1-158. Reduction of benefits for acceptance of lump-sum settlement under Workers' Compensation Act

§ 51.1-159. Medical examinations of persons retired for disability

§ 51.1-160. Cessation of disability retirement allowance

§ 51.1-161. Withdrawal of contributions before retirement

§ 51.1-162. Death before retirement

§ 51.1-163. Death after retirement

§ 51.1-164. Repealed

§ 51.1-165. Optional benefits

§ 51.1-165.01. Partial lump-sum option for payment of retirement allowance

§ 51.1-165.1. Acknowledgment by spouse of member

§ 51.1-166. Post-retirement supplements generally

§ 51.1-167. Retirement allowance to be reduced in certain cases

§ 51.1-168. Limits on creditable compensation; maximum benefits; mandatory payment of allowance

§ 51.1-169. Hybrid retirement program