A. Any member in service or within ninety days after termination of service who has not withdrawn his accumulated contributions as provided for in § 51.1-128 may retire for disability not compensable under the Virginia Workers' Compensation Act (§ 65.2-100 et seq.) upon written notification to the Board setting forth the date the retirement is to become effective.
B. Any member in service or within ninety days after termination of service may retire for disability from a cause compensable under the Virginia Workers' Compensation Act upon written notification to the Board setting forth 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 in settlement from the persons causing the disability, the Virginia Workers' Compensation Commission shall determine whether the member's disability is from a cause compensable under the Virginia Workers' Compensation Act.
D. The effective date of retirement shall be after the member's last day of service but shall not be more than ninety days prior to the filing of the notice of retirement. The Board may waive the ninety-day requirement upon a showing of good cause.
E. After a medical examination of the member or after reviewing pertinent medical records, the Medical Board shall certify that (i) the member is and has been continuously since the effective date of retirement if prior to filing of the notification, mentally or physically incapacitated for the further performance of duty, (ii) the incapacity is likely to be permanent, and (iii) the member should be retired. A member shall not be retired for disability for any condition which existed at the time of becoming a member unless medical evidence, convincing to the Board, supports the fact that the pre-existing condition has worsened substantially.
F. In the event the member is physically or mentally unable to submit written notification of his intention to retire, the member's appointing authority may submit notification on his behalf.
G. Any member who has been on leave of absence without pay for a period exceeding twenty-four months shall not be entitled to retire under the provisions of this section. This subsection shall not apply to any member who is disabled while on leave without pay while performing active duty military service in the armed forces of the United States.
H. For good cause shown, the Board may waive the ninety-day notification periods set forth in subsections A and B. For purposes of this section, good cause shall exist and the Board shall waive such ninety-day notification periods if (i) the member would otherwise qualify for disability retirement but for failing to comply with the requirements of subsection A or B and (ii) the Medical Board, acting solely in its own discretion after reviewing objective medical evidence of the disability and its cause, certifies that: (a) the disability and its cause existed on the date the member's employment was terminated, (b) the member had no knowledge of the existence of the disability and its cause at any time within ninety days after the date the member's employment was terminated, and (c) the member could not, with reasonable inquiry, have ascertained the existence of the disability and its cause within ninety days after the date the member's employment was terminated.
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.
Notes of Decisions
Virginia Ret. Sys. v. Cirillo, 676 S.E.2d 368 (Va. Ct. App. 2009).
· cites it 10× “2d 784 , this Court affirmed a trial court’s decision affirming a VRS denial of benefits sought pursuant to Code § 51.1-156. We noted in that opinion that “the Retirement System informed Johnson that ‘[t]he medical evidence has not proved that your incapacity is likely to be…”
Virginia Ret. Sys. v. Ricky A. Blair, 772 S.E.2d 26 (Va. Ct. App. 2015).
· cites it 9× “Blair has not met the requirements of Virginia Code § 51.1-156” and recommended to VRS that he be denied benefits.”
Boyd B. Hedleston v. Virginia Ret. Sys., 751 S.E.2d 1 (Va. Ct. App. 2013).
· cites it 14× “1-156(E) provides: After a medical examination of the member [of the Virginia Retirement System] or after reviewing pertinent medical records, the Medical Board shall certify that (i) the member is and has been continuously since the effective date of retirement if prior to…”
Barbara W. Johnson v. Virginia Ret. Sys., 515 S.E.2d 784 (Va. Ct. App. 1999).
· cites it 8× “See Code § 51.1-156. Johnson’s application indicated she suffered from hypertension and related medical problems that became aggravated when she was in the classroom.”
Avery v. Virginia Ret. Sys., 520 S.E.2d 831 (Va. Ct. App. 1999).
· cites it 16× “Moreover, Avery argues that the first time the Retirement System informed her it had used the Code § 51.1-156 standard of review was after her benefits had been revoked and she had exhausted her administrative remedies.”
Giso Asgari v. Abbas Asgari, 533 S.E.2d 643 (Va. Ct. App. 2000).
· cites it 2× “Code § 51.1-156. Accordingly, all related documentation referenced the benefit as a “Retirement Benefit,” “Disability Retirement,” or like characterization, including a designated “retirement date.”
Rizzo v. Virginia Ret. Sys., 497 S.E.2d 852 (Va. 1998).
· cites it 8× “The purpose of the APA is to “supplement . . . basic laws conferring authority on agencies .”
VA Ret. Sys. v. Anthony M. Rizzo, Sr, 479 S.E.2d 535 (Va. Ct. App. 1997).
· cites it 6× “Rizzo applied to VRS for disability benefits pursuant to Code § 51.1-156. 1 VRS denied Rizzo’s application.”
Mickey L. Rhoades v. Virginia Ret. Sys. (Va. Ct. App. 2018).
· cites it 14× “He concluded that the medical reports and the evidence adduced at the informal fact-finding hearing demonstrated that Rhoades did not satisfy the disability retirement requirements of Code § 51.1-156. The hearing officer noted that “[s]everal doctors have concluded that…”
McMahand v. Virginia Ret. Sys., 32 Va. Cir. 423 (Richmond County Cir. Ct. 1994).
· cites it 10× “Va. Code § 51.1-156(E) provides that “after reviewing pertinent medical records, the Medical Board shall certify that (i) the member is and has been continuously since the effective date of retirement if prior to filing of the notification, mentally or physically incapacitated…”
Uss v. Virginia Ret. Sys., 82 Va. Cir. 398 (Fairfax Cir. Ct. 2011).
· cites it 6× “Va. Code Ann. § 51.1-156 (A) (2011). The standard used for determining whether an applicant is entitled to disability retirement is found in Va.”
Phyllis M. Baumann v. Virginia Ret. Sys. (Va. Ct. App. 2000).
· cites it 6× “In its final case decision, the Agency found that the medical evidence did not prove that appellant's incapacity is likely to be permanent, as required by Code § 51.1-156(E). At no time did the agency express a "policy" that MCS was not a recognized disease.”
Va. Code Ann. § 51.1-156(A): 1 case
Va. Code Ann. § 51.1-156(B): 1 case
Va. Code Ann. § 51.1-156(E): 17 cases
Boyd B. Hedleston v. Virginia Ret. Sys., 751 S.E.2d 1 (Va. Ct. App. 2013).
“1-156(E) provides: After a medical examination of the member [of the Virginia Retirement System] or after reviewing pertinent medical records, the Medical Board shall certify that (i) the member is and has been continuously since the effective date of retirement if prior to…”
Virginia Ret. Sys. v. Cirillo, 676 S.E.2d 368 (Va. Ct. App. 2009).
“2d 784 , this Court affirmed a trial court’s decision affirming a VRS denial of benefits sought pursuant to Code § 51.1-156. We noted in that opinion that “the Retirement System informed Johnson that ‘[t]he medical evidence has not proved that your incapacity is likely to be…”
Virginia Ret. Sys. v. Ricky A. Blair, 772 S.E.2d 26 (Va. Ct. App. 2015).
“Blair has not met the requirements of Virginia Code § 51.1-156” and recommended to VRS that he be denied benefits.”
Avery v. Virginia Ret. Sys., 520 S.E.2d 831 (Va. Ct. App. 1999).
“Moreover, Avery argues that the first time the Retirement System informed her it had used the Code § 51.1-156 standard of review was after her benefits had been revoked and she had exhausted her administrative remedies.”
Barbara W. Johnson v. Virginia Ret. Sys., 515 S.E.2d 784 (Va. Ct. App. 1999).
“See Code § 51.1-156. Johnson’s application indicated she suffered from hypertension and related medical problems that became aggravated when she was in the classroom.”
Va. Code Ann. § 51.1-156(E)(i): 1 case
Mickey L. Rhoades v. Virginia Ret. Sys. (Va. Ct. App. 2018).
“He concluded that the medical reports and the evidence adduced at the informal fact-finding hearing demonstrated that Rhoades did not satisfy the disability retirement requirements of Code § 51.1-156. The hearing officer noted that “[s]everal doctors have concluded that…”
Va. Code Ann. § 51.1-156(E)(ii): 7 cases
Va. Code Ann. § 51.1-156(H): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.