City of Danville v. Garrett

The Supreme Court reversed the judgment of the circuit court ruling that the City of Danville and its Employees’ Retirement System were required by the provisions of Va. Code 51.1-813 to award a disability retirement benefit to Jacqueline Garrett, a former police officer, at a rate of no less than 66 2/3 percent of her average salary. The Supreme Court held that section 51.1-813, which was in Article 2 of Chapter 8 of Title 51.1 of the Code of Virginia, did not apply to the City because the City had neither taken steps to adopt Article 2, nor was the City included in the legislative direction mandating compliance with Article 2. Therefore, the circuit court erred in ordering the City and its retirement system to make payment to Garrett in compliance with section 51.1-813. View "City of Danville v. Garrett" on Justia Law