Va. Code » Title 51.1. Pensions, Benefits, and Retirement » Chapter 8. Local Retirement Systems » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 51.1-800 (2026)

Counties, cities, and certain towns to establish local systems or participate in Virginia Retirement System

✓ laws through the 2026 session (checked Sept. 2026)
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A. Every county and city, and every town having a population of 5,000 or more, shall provide a retirement system for those officers and employees listed in subsection B either (i) by establishing and maintaining a local retirement system which provides a service retirement allowance to each employee who retires at age sixty-five or older which equals or exceeds two-thirds of the service retirement allowance to which the employee would have been entitled had the allowance been computed under the provisions of the Virginia Retirement System or (ii) by participating directly in the Virginia Retirement System.

B. The following persons shall be covered by a retirement system as provided in subsection A:

1. Officers and employees who are regularly employed full time on a salaried basis, whose tenure is not restricted to temporary or provisional employment.

2. Officers and employees who are regularly employed full time on a salaried basis, whose tenure is not restricted to temporary or provisional employment by an organization other than a public school board that functions solely within the boundaries of a county, city, or town, unless the cost of the organization's operation is borne by (i) users of services, (ii) more than one county, city, or town, or (iii) an entity other than a county, city, or town.

3. Clerks of the circuit court and deputies or employees of such officers.

C. Nothing in this chapter shall be construed to prohibit a county, city, or town from participating in the Virginia Retirement System and establishing a local retirement system. If a locality participates in the Virginia Retirement System and establishes a local retirement system, pursuant to § 51.1-801, providing supplemental benefits to the state system, the local system shall not be required to satisfy the criterion established in clause A (i) of this section.

D. A county, city, or town shall not be required to provide retirement benefits to an employee who enters into an agreement with the local government for inclusion in a deferred compensation plan when the agreement specifically prohibits inclusion in any other retirement system established by the county, city, or town.

1952, c. 157, § 51-111.31; 1954, c. 241; 1958, c. 367; 1960, c. 400; 1973, c. 523; 1974, c. 353; 1975, c. 296; 1976, c. 581; 1977, c. 620; 1990, c. 832; 1991, c. 381; 1993, c. 866; 2006, c. 406.

Notes of Decisions
Cited in 7 cases, 1996–2017 · leading case: Lila M. Mallette v. Arlington Cnty. Employees' Supplemental Ret. Sys. II Arlington Cnty. Bd. of Supervisors, 91 F.3d 630 (4th Cir. 1996).
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Lila M. Mallette v. Arlington Cnty. Employees' Supplemental Ret. Sys. II Arlington Cnty. Bd. of Supervisors, 91 F.3d 630 (4th Cir. 1996). “Va. Code Ann. § 51.1-800 et seq. (Michie 1994 & Supp.”
City of Danville v. Garrett, 803 S.E.2d 326 (Va. 2017). · cites it 4× “Article 1, Code §§ 51.1-800 through -806, contains "General Provisions" regarding a locality's obligation to provide a retirement system for its employees.”
November v. City of Richmond, 66 Va. Cir. 326 (Richmond County Cir. Ct. 2005). · cites it 3× “By the authority of Va. Code § 51.1-800, § 513.01 of the City Charter of the City of Richmond authorizes the establishment of a retiremen t system for *327 city employees.”
Olsen v. Fairfax Cnty. Employees' Ret. Sys., 68 Va. Cir. 416 (Fairfax Cir. Ct. 2005). · cites it 3× “According to the Respondents, the *418 only statutes that apply to the Fairfax County Employees’ Retirement System are Va. Code Ann. §§ 51.1-800 through 51.1-806.”
Holt v. Fairfax Cnty. Uniformed Ret. Sys., 55 Va. Cir. 473 (Fairfax Cir. Ct. 2000). · cites it 4× “*475 Finally, I find that the County’s action did not violate Code §§ 51.1-800, 51.1-801, and 51.1-813.”
Mallette v. Arlington Cnty Emplo, No. 94-2298 (4th Cir. Aug. 1, 1996). “Va. Code Ann. § 51.1-800 et seq. (Michie 1994 & Supp.”
Fowler v. Fairfax Cnty. Police Officers Ret. Sys., 57 Va. Cir. 553 (Va. Cir. Ct. 2000). “This statute, tailored specifically to Fairfax County, allows the governing body, by ordinance, to “amend, suspend, or revoke the retirement plan and trust at any time, so long as the benefits payable under the plan are consistent with § 51.”
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