Code of Virginia — Title 51.1 (Pensions, Benefits, and Retirement), Chapter 11.1 (DISABILITY PROGRAM FOR HYBRID RETIREMENT PROGRAM PARTICIPANTS)
§ 51.1-1153. Participation in the program.
A. 1. All eligible employees shall become participants in this program, provided, however, that the governing body of an employer may adopt a resolution on or before January 1, 2014, which shall be submitted to the Board, requesting that its eligible employees not participate in the program because the employer has or will establish, and continue to maintain, comparable disability coverage for such eligible employees. The election by the governing body of an employer not to participate in this program shall be irrevocable. The employer need not consider the provisions of § 51.1-1178 when determining the comparability of its disability coverage to this program. As the context requires, the term "participating employee" includes the employees of an employer electing not to participate in the program under this subdivision.

2. Beginning July 1, 2026, eligible dispatchers shall become participants in the program. Such participation shall be subject to the limitations described in § 51.1-1179, and the locality employing such eligible dispatchers shall provide the costs required for funding participation in the program pursuant to § 51.1-1183. However, if a locality made an irrevocable election not to participate in the program pursuant to subdivision 1, such dispatchers shall not become participants in the program but shall become participants in the comparable disability coverage established and maintained by the locality. An eligible dispatcher who is a participant in the program or in the disability coverage provided by a locality electing not to participate in the program shall not be eligible for disability retirement benefits pursuant to § 51.1-156.

3. Notwithstanding the provisions of subdivision 2, an eligible dispatcher shall not become a participant in the program or in the disability coverage provided by a locality electing not to participate in the program but shall remain subject to the provisions governing disability retirement if the eligible dispatcher was (i) awarded disability retirement benefits pursuant to § 51.1-156 prior to July 1, 2026, and continued to receive such disability retirement benefits on or after July 1, 2026, or (ii) employed on June 30, 2025, and on July 1, 2025, and made an irrevocable election no later than March 31, 2026, to remain covered by disability retirement benefits pursuant to § 51.1-156. If an election is not made by March 31, 2026, such eligible dispatcher shall be deemed to have elected to become a participant in the program or in the comparable disability coverage provided by the locality.

B. The effective date of participation in the program for participating employees shall be their first day of employment or the effective date of their participation in the hybrid retirement program described in § 51.1-169, whichever is later. The effective date of participation for eligible dispatchers shall be July 1, 2026, or their first date of employment, whichever is later.

C. Notwithstanding any provision to the contrary, no participating employee shall receive benefits under Article 2 (§ 51.1-1154 et seq.) until the participating employee completes one year of continuous service.

D. Eligibility for participation in the program shall terminate upon the earliest to occur of an employee's (i) termination of employment or (ii) death. Eligibility for participation in the program shall be suspended during periods that an employee is placed on nonpay status, including leave without pay, if such nonpay status is due to suspension pending investigation or outcome of employment-related court or disciplinary action.

2012, cc. 701, 823; 2014, c. 356; 2015, c. 660; 2025, c. 190.