§ 31-57. Nonoccupational disability retirement for a total and permanent disability.

(a)

VRS participants are ineligible for the benefits provided by this section. All other members shall be referred to as "eligible members" in this section.

(b)

On or after October 1, 2007, an eligible member in active service who is vested and is not eligible for regular service retirement, and who is totally and permanently disabled from a cause not compensable under the Virginia Workers' Compensation Act may, upon written application to the board, be considered for nonoccupational disability retirement when, as a result of a medical examination or by means of other satisfactory evidence, the board finds that the eligible member is functionally incapacitated from performing any gainful activity and that such condition appears to be permanent. Benefits hereunder shall continue only so long as such incapacity continues based on evidence acceptable to the board.

(c)

In the event of the retirement of an eligible member for nonoccupational disability on or after January 1, 1983, such eligible member shall receive a disability retirement allowance payable monthly for the lifetime of the eligible member so long as the eligible member remains totally disabled. The amount of the annual allowance shall be computed as twenty (20) percent of the eligible member's average final compensation at date of disability retirement for the first five (5) years of the eligible member's credited service at such date plus one (1) percent of such average final compensation for each such year of credited service in excess of five (5).

(d)

Should an eligible member die while on nonoccupational disability retirement, benefits shall be computed in accordance with the provisions of section 31-61, based on the eligible member's credited service as of the eligible member's date of disability retirement under this section.

(e)

An eligible member applying for disability retirement or retired on disability under this section shall be governed by the rules and regulations promulgated by the board in accordance with section 31-22 and section 31-59.

(Ord. No. 2990-82; Ord. No. 5042-97; Ord. No. 5076-97; Ord. No. 6434-07, § 1)

(Ord. No. 2990-82; Ord. No. 5042-97; Ord. No. 5076-97; Ord. No. 6434-07, § 1)