51.1-156 - Disability retirement.
§ 51.1-156. Disability retirement.
A. Any member in service or within ninety days after termination of servicewho has not withdrawn his accumulated contributions as provided for in §51.1-128 may retire for disability not compensable under the VirginiaWorkers' Compensation Act (§ 65.2-100 et seq.) upon written notification tothe Board setting forth the date the retirement is to become effective.
B. Any member in service or within ninety days after termination of servicemay retire for disability from a cause compensable under the VirginiaWorkers' Compensation Act upon written notification to the Board settingforth the date the retirement is to become effective.
C. If no compensation is finally awarded under the Virginia Workers'Compensation Act, due to legal proceedings or otherwise resulting insettlement from the persons causing the disability, the Virginia Workers'Compensation Commission shall determine whether the member's disability isfrom a cause compensable under the Virginia Workers' Compensation Act.
D. The effective date of retirement shall be after the member's last day ofservice but shall not be more than ninety days prior to the filing of thenotice of retirement. The Board may waive the ninety-day requirement upon ashowing of good cause.
E. After a medical examination of the member or after reviewing pertinentmedical records, the Medical Board shall certify that (i) the member is andhas been continuously since the effective date of retirement if prior tofiling of the notification, mentally or physically incapacitated for thefurther performance of duty, (ii) the incapacity is likely to be permanent,and (iii) the member should be retired. A member shall not be retired fordisability for any condition which existed at the time of becoming a memberunless medical evidence, convincing to the Board, supports the fact that thepre-existing condition has worsened substantially.
F. In the event the member is physically or mentally unable to submit writtennotification of his intention to retire, the member's appointing authoritymay submit notification on his behalf.
G. Any member who has been on leave of absence without pay for a periodexceeding twenty-four months shall not be entitled to retire under theprovisions of this section. This subsection shall not apply to any member whois disabled while on leave without pay while performing active duty militaryservice in the armed forces of the United States.
H. For good cause shown, the Board may waive the ninety-day notificationperiods set forth in subsections A and B. For purposes of this section, goodcause shall exist and the Board shall waive such ninety-day notificationperiods if (i) the member would otherwise qualify for disability retirementbut for failing to comply with the requirements of subsection A or B and (ii)the Medical Board, acting solely in its own discretion after reviewingobjective medical evidence of the disability and its cause, certifies that:(a) the disability and its cause existed on the date the member's employmentwas terminated, (b) the member had no knowledge of the existence of thedisability and its cause at any time within ninety days after the date themember's employment was terminated, and (c) the member could not, withreasonable inquiry, have ascertained the existence of the disability and itscause within ninety days after the date the member's employment wasterminated.
(1952, c. 157, § 51-111.56; 1960, c. 604; 1964, c. 186; 1966, c. 174; 1973,c. 523; 1982, c. 427; 1986, c. 474; 1988, c. 724; 1990, c. 832; 1992, c. 811;1995, c. 307; 2009, c. 362.)