VRS Disability Retirement

If employees can't perform their job because of an illness or injury that is likely to be permanent, they may be eligible to retire on disability.

Eligibility

• Member of the Judicial Retirement System.
• State employee in Plan 1 hired before January 1, 1999, who did not elect the Virginia Sickness and Disability Program during one of two open enrollment periods offered in 1999 and 2002.
• Political subdivision and school division employee in Plan 1 or Plan 2.

Employees are not eligible to retire on disability if they:

• Are a member of the Hybrid Retirement Plan, with the exception of the JRS Hybrid Retirement Plan.
• Are covered under the Virginia Sickness and Disability Program (VSDP).
• Are covered under the Virginia Local Disability Program (VLDP) or a comparable program provided by employer.
• Defer retirement and more than 90 days have passed since separation date.
• Leave employment and take a refund of their member contributions and interest.
• Participate in an optional retirement plan administered or authorized by VRS.
• Have a disability that is not likely to be permanent.
• Are employed by a college or university and opted out of VSDP to participate in employer-sponsored disability plan.

When to Apply

There are no minimum requirements for age or service under VRS disability retirement. The employee can apply from the first day of employment or within 90 days of last day of employment. If the employee is on leave without pay, the employee has up to 24 consecutive months on leave without pay to apply for disability retirement. Employees on active duty military leave can apply at any time while on military leave, even if it exceeds 24 months.

Benefit Adjustments for Social Security and Workers' Compensation

Social Security Disability Benefits

Although not mandatory, VRS strongly encourages applying for Social Security disability benefits when an employee retires on VRS disability, even if the employee qualifies for an early Social Security retirement benefit. If the employee qualifies for both VRS disability and Social Security disability, the employee will receive the full benefit allowed by law from each entity.

Workers' Compensation

If the employee's application for disability retirement is approved, the benefit will be determined in part by any Social Security disability benefits the employee is eligible to receive. If the disability is work-related, the benefit will be offset by any workers compensation benefits awarded. A work-related disability is the result of an occupational illness or injury that occurs on the job and the cause is determined to be compensable under the Virginia Workers' Compensation Act.

Hazardous Duty Supplement Eligibility

Employees are not eligible to receive a hazardous duty supplement if they retire on disability. If the employee qualifies for the supplement, the employee should determine which type of retirement is best by comparing the estimated disability retirement benefit with the service retirement benefit, including the supplement, before applying for disability retirement. The employee can create retirement benefit estimates through myVRS.