DISABILITY RETIREMENT

Richmond, Va., City Code ch. 22, art. VIII

in effect

Richmond, Va., City Code § 22-234 Medical examiner's procedure.

Sec. 22-234. - Medical examiner's procedure. (a) The Board of Trustees of the Richmond Retirement System shall, from time to time, commencing as soon as practicable but in any event no later than July 1, 1975, employ a minimum of three physicians, practicing in the City, upon such terms and conditions as the Board may prescribe, each of whom shall be known as a medical examiner. It shall be the duty of a medical examiner, at the request of the Board, to conduct or approve all medical examinations required under this article or by the Board. If such a request is made, a medical examiner shall investigate all health or medical statements and certificates made by or on behalf of any person in connection with the payment of money to such person under this article and shall report in writing to the Board pertinent conclusions and recommendations. (b) Except as otherwise provided, a medical examiner whose specialty is most closely related to the cause of the alleged disability shall conduct an examination of a member requesting retirement under Section 22-238 or 22-240. If, for any reason, such an examination is not possible, the Board may rely upon the medical examiner's review and approval of the health or medical statements and certificates made by or in behalf of the member. If the member's alleged disability is the result of multiple causes, the Board may utilize a medical examiner of general practice. (c) Upon completion of the examination described in Subsections (a) and (b) of this section, a second medical examiner shall review the conclusions and recommendations which result therefrom as well as health or medical statements made by or in behalf of the member. The second medical examiner shall then, based upon this review, agree or disagree with the first set of conclusions and recommendations. This medical examiner may conduct an examination of the member. (d) If the second medical examiner disagrees with the first set of conclusions or recommendations, the Board shall seek the opinion of a third medical examiner. The third medical examiner shall conduct an examination of the member in the manner prescribed for the examination by the first medical examiner. (e) The Board shall, in all cases, determine eligibility for retirement pursuant to Section 22-238 or 22-240 in a manner which is consistent with the conclusions and recommendations of the majority of the medical examiners from whom opinions are requested under this section. (f) Determinations for certification as required in Section 22-236 shall be made utilizing the procedure described in this section. (Code 1993, § 23.1-45; Code 2004, § 78-241; Code 2015, § 22-234; Code 2020, § 22-234)

Richmond, Va., City Code § 22-235 Postretirement examination.

Sec. 22-235. - Postretirement examination. (a) The Board may require any member in receipt of a disability retirement allowance under the Richmond Retirement System or under the abolished system to undergo a medical examination by the medical examiner once each year prior to the date on which the member would have attained the member's normal retirement date had the member remained in service. Should a member refuse to submit to any required medical examination, the member's disability retirement allowance shall be discontinued until the member's withdrawal of such refusal, and should such refusal continue for one year all the member's rights to any further disability allowance shall cease. (b) If, on or after the first anniversary of the member's disability retirement, the medical examiners determine that such member is capable of performing the duties of positions, other than those of the member's last position with the City, for which the member may reasonably be qualified by education, training, or experience, the Board shall refer such member to the Director of the Department of Human Resources for the purpose of seeking an appointment to such a position. The failure or refusal of the member within one month to accept any such position offered for which the wages are at least 100 percent of the member's last salary, including any cost-of-living adjustments and equity increases through a combination of salary and system benefits for a disability which entitles the member to workers' compensation and 80 percent for a disability which does not entitle the member to workers' compensation shall result in the member being deemed ineligible for any benefits under this section. Any benefits awarded pursuant to this section shall cease upon the member's appointment to the position offered. If a retired member is reassigned to another position with the City as a result of such medical evaluation, all the member's retirement benefits other than salary shall be calculated as if the person were still in the position from which the person initially became disabled; provided, however, if the member is in receipt of a Social Security disability retirement award, the member shall be under no duty either to submit to a medical examination or to accept any position which may be offered as a result of the examination. Should any such Social Security disability retirement award be terminated, these duties shall again be imposed on the member. (c) Any retired member entitled to total and permanent disability benefits under the Federal Social Security Act shall be exempt from the requirements of this section. (Code 1993, § 23.1-46; Code 2004, § 78-242; Code 2015, § 22-235; Code 2020, § 22-235)

Richmond, Va., City Code § 22-236 Cessation of disability retirement allowance.

Sec. 22-236. - Cessation of disability retirement allowance. Whenever, as a result of an examination of a member in receipt of a disability retirement allowance, as provided for in Section 22-235, the medical examiners certify to the Board that such member is no longer completely incapacitated and is capable of performing the usual and customary duties required of the member's former position with the City or if any such member should be again in service at any time prior to the member's normal retirement date, the disability retirement allowance of such member shall cease, and the individual shall again become an active member of the Richmond Retirement System. Any creditable service rendered by the member prior to the member's date of disability shall thereafter be counted as creditable service, and, in addition, the period of disability retirement shall be counted as creditable service. (Code 1993, § 23.1-47; Code 2004, § 78-243; Code 2015, § 22-236; Code 2020, § 22-236)

Richmond, Va., City Code § 22-237 Filing requirements.

Sec. 22-237. - Filing requirements. (a) Application for Social Security disability benefits required. Any member in receipt of a disability retirement allowance must apply for Social Security disability benefits within six months of retirement and submit a copy of the letter of award or denial to the Richmond Retirement System upon its receipt. (b) Request for tax and income information. The Board may require a member receiving a disability retirement allowance to provide a signed copy of the member's Federal and State tax returns and all statements and schedules required to be attached thereto. Any retired member entitled to total and permanent disability benefits under the Federal Social Security Act shall be exempt from the requirements of this section. (c) Noncompliance. Should any member refuse to provide requested documents or information as provided in this section, the member's disability retirement allowance shall be discontinued until such requested documents or information are produced. If the refusal to provide the requested documents or information continues for a period of one year, any right to further disability retirement allowance shall terminate. Should the Board determine that an overpayment of disability retirement allowance has been made, such overpayment shall be corrected by suspension of all or part of the disability allowance for such period of time as necessary to complete such repayment. (Code 1993, § 23.1-48; Code 2004, § 78-244; Code 2015, § 22-237; Code 2020, § 22-237)

Richmond, Va., City Code § 22-238 Eligibility for ordinary, non-job-related disability retirement.

Sec. 22-238. - Eligibility for ordinary, non-job-related disability retirement. (a) Non-job-related disability. Any vested member in service may retire or may be retired by the member's appointing authority at any time prior to the member's normal retirement date, on account of permanent disability, upon submission of a completed retirement application to the Board, made by the member or by the appointing authority setting forth at what time the retirement is to become effective. Such effective date shall be after the termination of pay status but shall not be more than 90 days prior to the filing of such application. The medical examiners, after a medical examination of such member, shall have certified that such member has been completely incapacitated by reason of sickness or injury contracted after the member's most recent date of employment and that at such effective date the member, as a result of the same sickness or injury, is completely incapacitated from performing the duties required of the member's position or another position with the City and that such incapacity is likely to be permanent and that such member should be retired. (b) Preexisting condition. If a member's sickness or injury which, though existing at the time of the member's most recent employment, did not prevent such member from performing all the usual and customary duties required in the position such member filled such member is entitled to disability retirement, provided that: (1) The member's most recent period of employment has been not less than five years; and (2) Medical evidence, convincing to the Board, supports a finding that such preexisting condition has worsened substantially, so as to render such member completely incapacitated and that at such effective date the member, as a result of the same sickness or injury, is completely incapacitated from performing the duties required of the member's position or another position with the City and that such incapacity is likely to be permanent and that such member should be retired. (c) Successive disabilities. In the administration of this section, successive disabilities separated by less than six months of active employment shall be considered to be the same disability unless due to entirely unrelated causes. (d) Determination of retirement date. Notwithstanding the requirement of Subsection (a) of this section that the effective date of a member's disability retirement shall be after the termination of pay status but shall not be more than 90 days prior to the member's or the member's appointing authority's filing a completed retirement application with the Board, the Board may, in its discretion, upon written application by the member or appointing authority, as the case may be, and upon medical examination and certification by the medical examiner to the Board that the same incapacity continues, extend the effective date for retirement beyond the 90 days, provided that each such extension shall be for 90 days, and not more than three consecutive extensions shall be granted or allowed by the Board to the member. Should the medical examiner after further examination of the member during the period of extension certify that the members' incapacity has been cured or removed, the member shall not be eligible for disability retirement. (e) Termination of pay status. Retirement under this section shall occur upon the termination of pay status. As used in this section, the term "termination of pay status" means complete and final payment of all compensation, salary or wages owed by the City to the member, including vacation, sick leave or other leave of absence during which the member is paid compensation, salary or wages. (Code 1993, § 23.1-49; Code 2004, § 78-245; Code 2015, § 22-238; Code 2020, § 22-238)

Richmond, Va., City Code § 22-239 Ordinary (non-job-related) disability; benefit formula.

Sec. 22-239. - Ordinary (non-job-related) disability; benefit formula. (a) Generally. Upon retirement under Section 22-238 (non-job-related), a member shall receive an annual disability retirement allowance payable monthly for life during such members' continued disability commencing one month after the member's date of retirement, in an amount computed in accordance with the following subsections of this section. (b) Disability service and compensation. (1) With respect to a member who retires for disability prior to the attainment of the age of 60, the term "disability-average compensation," as used in this section, means the average final compensation that would have been applicable to the member at the age of 60 had the member remained in service until such age, at the same annual rate of creditable compensation as in effect at the date of the member's disability retirement, and the term "disability-credited service," as used in this section, means the smaller of: a. The creditable service the member would have completed at age 60 had the member remained in service until such age; or b. The larger of 20 years or twice the member's actual period of creditable service. (2) With respect to a member who retires for disability after the attainment of the age of 60, the term "disability average compensation" means the member's average final compensation, and the term "disability-credited service" means the member's creditable service. (c) Benefit formula. For member who retires under Section 22-238 (non-job-related), the annual amount of any monthly disability retirement allowance payments to the member that fall due hereunder on or after attainment of the age of 65, or prior to the member's attainment of the age of 65 and in a month for which the retired member is entitled to total and permanent disability benefits under the Federal Social Security Act shall be computed as the sum of: (1) 1.25 percent of the member's disability-average compensation, multiplied by the number of years of the member's disability-credited service, as herein defined; plus (2) 0.15 percent of the member's disability-average compensation in excess of the greater of $13,200.00 or one-half of the covered compensation for the member attaining Social Security retirement age during the year of retirement times the member's disability-credited service up to a maximum of 35 years. A member who does not attain Social Security retirement age during the year of retirement shall have covered compensation calculated as if the member had. (d) Supplement if not entitled to Social Security disability. The annual amount of any monthly retirement allowance payments to a retired member that fall due hereunder prior to the member's attainment of the age of 65 and in a month for which the retired member is not entitled to total and permanent disability benefits under the Federal Social Security Act shall be computed as the sum of the amount computed as provided in Subsection (c) of this section, plus 0.65 percent of the member's disability-average compensation times the member's disability-credited service up to a maximum of 20 years. (e) Worker's compensation limitation prior to age 65 years. No member who receives compensation awarded pursuant to the Virginia Workers' Compensation Act (Code of Virginia, § 65.2-100 et seq.) and who also receives a disability retirement allowance from the system shall receive before the attainment of age 65 a sum of workers' compensation and retirement allowance which exceeds the average final compensation received by such member at the time such disability caused separation from active service as an eligible employee of the City. (f) Worker's compensation limitation after age 65 years. No such member after attainment of age 65 shall receive a sum of workers' compensation and disability retirement allowance which exceeds the average final compensation received by such member at the time such disability caused separation from active service as an eligible employee of the City less 0.65 percent of such member's average final compensation or disability-average compensation times such member's creditable service or disability credited service to a maximum of 20 years. A member receiving a disability retirement allowance shall be entitled to receive all cost-of-living adjustments authorized by City Council although such cost-of-living adjustments may result in such member receiving an overall allowance in excess of the member's average final compensation computed at the time of termination of active service. (g) Retirement allowance of a DROP member. Notwithstanding the foregoing, the non-job-related disability retirement allowance of a DROP member shall be governed by the guidelines established pursuant thereto to Section 22-204. (h) Retirement allowance of a contribution plan participating member. Notwithstanding the foregoing, the non-job-related disability retirement allowance of a member participating in the defined contribution plan shall be offset by the actuarial equivalent of his account balance in the defined contribution plan as of the date of the disability. (Code 1993, § 23.1-50; Code 2004, § 78-246; Code 2015, § 22-239; Code 2020, § 22-239; Ord. No. 2003-254-226, § 1, 7-28-2003)

Richmond, Va., City Code § 22-240 Eligibility for compensable, job-related disability retirement.

Sec. 22-240. - Eligibility for compensable, job-related disability retirement. (a) Compensable, job-related disability. The requirement of five years of creditable service as a prerequisite for disability retirement shall not be applicable to any member who satisfies the other requirements of Section 22-238(a) and: (1) Whose disability is compensable under the Virginia Workers' Compensation Act, Code of Virginia, § 65.2-100 et seq., or would be so compensable except for the fact that the member is not covered under the provisions of such Act; or (2) Who is employed as a firefighter and whose disability is the result of respiratory disease, hypertension or heart disease, unless the medical examiners shall certify, on the basis of competent evidence, that such disability was not suffered in the line of duty; or who is employed as a sworn police officer and whose disability is the result of hypertension or heart disease, unless the medical examiners certify, on the basis of competent evidence, that such disability was not suffered in the line of duty. (b) Referral for alternate position. (1) Any member who is otherwise eligible for retirement on the basis of a disability described under Subsection (a) of this section and who is determined to be permanently and completely incapacitated from performing the duties required of the member's own position, but who is determined to be capable of performing the duties of another position with the City, shall be eligible for disability retirement if: a. The member is not placed in an alternative position with the City within one year after the date of the determination that the member is incapable of performing the duties required of the member's former position; or b. The Chief Administrative Officer certifies to the Board that no alternative position with the City for which the member is reasonably qualified by education, training or experience is available and that such a position is not likely to become available within the one-year period required for placement of the member in an alternative position. (2) Refusal of an offer of an alternative position with the City shall render the member ineligible to receive disability retirement allowance under this section. (c) Successive disabilities. In the administration of this section, successive disabilities separated by less than six months of active employment shall be considered to be the same disability unless due to entirely unrelated causes. (d) Determination of retirement date. Notwithstanding the requirement of Subsection (a) of this section that the effective date of a member's disability retirement shall be after the termination of pay status but shall not be more than 90 days prior to the member's or the member's appointing authority's filing a completed retirement application with the Board, the Board may, in its discretion, upon written application by the member or appointing authority, as the case may be, and upon medical examination and certification by the medical examiner to the Board that the same incapacity continues, extend the effective date for retirement beyond the 90 days, provided that each such extension shall be for 90 days, and not more than three consecutive extensions shall be granted or allowed by the Board to the member. Should the medical examiner after further examination of the member during the period of extension certify that the members' incapacity has been cured or removed, the member shall not be eligible for disability retirement. (e) Termination of pay status. Retirement under this section shall occur upon the termination of pay status. As used in this section, the term "termination of pay status" means complete and final payment of all compensation, salary or wages owed by the City to the member, including vacation, sick leave or other leave of absence during which the member is paid compensation, salary or wages. (Code 1993, § 23.1-51; Code 2004, § 78-247; Code 2015, § 22-240; Code 2020, § 22-240; Ord. No. 2004-360-330, § 1, 12-13-2004)

Richmond, Va., City Code § 22-241 Job-related disability; benefit formula.

Sec. 22-241. - Job-related disability; benefit formula. (a) Generally. Upon retirement for disability as provided in Section 22-240 (job-related), a member shall receive an annual disability retirement allowance payable monthly for life during such member's continued disability commencing one month after the member's date of retirement, in an amount computed in accordance with the following subsections of this section. (b) Disability service and compensation. (1) With respect to a member who retires for disability prior to the attainment of the age of 60, the term "disability-average compensation," as used in this section, means the average final compensation that would have been applicable to the member at the age of 60 had the member remained in service until such age, at the same annual rate of creditable compensation as in effect at the date of the member's disability retirement, and the term "disability-credited service," as used in this section, means the smaller of: a. The creditable service the member would have completed at age 60 had the member remained in service until such age; or b. The larger of 20 years or twice the member's actual period of creditable service. (2) With respect to a member who retires for disability after the attainment of the age of 60, the term "disability average compensation" means the member's average final compensation, and the term "disability-credited service" means the member's creditable service. (c) 1966 minimum guarantee. Any of the provisions of this section to the contrary notwithstanding, the disability retirement allowance payable to any retired employee who was a member of the system on June 30, 1966, and who qualified or could have qualified for disability retirement under the provisions of this section, shall in no event be less than the service-connected disability retirement allowance that would have been payable had the provisions of the system as in effect at June 30, 1966, been in effect at the member's actual date of disability retirement. (d) Benefit formula. For a member who retires on or after July 1, 1989, for disability pursuant to Section 22-240 (job-related disability) the member shall, subject to the provisions of Subsection (e) of this section, receive an annual retirement allowance for life which equals two-thirds of the member's disability-average compensation. (e) Reduction for Social Security benefits. If the retired member is entitled to and is in receipt of permanent disability benefits under the Federal Social Security Act, or upon the retired member's attainment of the age of 65 years, this retirement allowance will be reduced by 0.65 percent of the member's disability-average compensation times the member's disability-credited service up to a maximum of 20 years. (f) Worker's compensation offset (dollar for dollar). Any of the foregoing provisions to the contrary notwithstanding, the disability retirement allowance payable to any member retiring on or after July 1, 1989, shall be reduced by the amount of compensation, if any, awarded, or entitled to be awarded, to the member under the Virginia Workers' Compensation Act (Code of Virginia, § 65.2-100 et seq.) with respect to the disability giving rise to the member's retirement, so long as such compensation is payable. (g) Worker's compensation offset (lump sum settlement). If any member in receipt of a retirement allowance pursuant to this section elects to receive a lump-sum settlement in lieu of periodic payments for disability under the Virginia Workers' Compensation Act (Code of Virginia, § 65.2-100 et seq.), the member's disability retirement allowance shall be reduced in the same amount and for the number of months equivalent to the lump sum award amount divided by the amount of the original workers' compensation award amount (i.e., the lump sum award amount divided by the original workers' compensation award amount equals the number of months of continued reduction). (h) Retirement allowance of a DROP member. Notwithstanding the foregoing, the job-related disability retirement allowance of a DROP member shall be governed by the guidelines established pursuant thereto to Section 22-204. (i) Retirement allowance of a contribution plan participating member. Notwithstanding the foregoing, the job-related disability retirement allowance of a member participating in the defined contribution plan shall be offset by the actuarial equivalent of his account balance in the defined contribution plan as of the date of the disability. (Code 1993, § 23.1-52; Code 2004, § 78-248; Code 2015, § 22-241; Code 2020, § 22-241; Ord. No. 2003-254-226, § 1, 7-28-2003)

Richmond, Va., City Code § 22-242 Reduction in disability retirement allowance due to excess income.

Sec. 22-242. - Reduction in disability retirement allowance due to excess income. (a) Whenever any member of the Richmond Retirement System receiving a disability retirement allowance pursuant to this section is, prior to the member's normal retirement date, engaged in gainful occupation or work paying more than the difference between the member's disability retirement allowance and the salary payable for the highest step in the pay range shown in the most recent City pay plan for the member's last position with the City, the Board shall reduce the disability retirement allowance by an amount such that the sum of the annual earnings and the annual benefit allowance equals the annual salary payable for the highest step in the pay range shown in the most recent City pay plan for the member's last position with the City, except as may be otherwise provided in Section 22-236. (b) Any reduction in benefits occurring as a result of this section shall cease as of the day on which the member attains the normal retirement date unless the reduction is in the nature of a repayment of excess income described in Subsection (a) of this section, in which case the reduction shall cease upon completion of the repayment. (Code 1993, § 23.1-53; Code 2004, § 78-249; Code 2015, § 22-242; Code 2020, § 22-242)

Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=PTIICICO_CH22PURE_ARTVIIIDIREFetched: 11/8/2026