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51.1-152 - Limitations on average final compensation.

§ 51.1-152. Limitations on average final compensation.

If an employee receives increases in compensation in the last four years ofservice which are not related to promotion and which exceed the averageincrease received by other employees of the same employer holding comparablepositions, the excess shall be excluded when computing the average finalcompensation if the Board finds, after consideration of all circumstances,that the primary purpose of the salary increase was to increase theretirement benefit of the employee. If there are no employees of the sameemployer holding comparable positions, the increases may be excluded from theaverage final compensation if they exceed the average percentage increasereceived by all other employees of the same employer. Creditablecompensation assumed to have been received for the purpose of purchasingservice shall be excluded from a member's average final compensation.

(1952, c. 157, § 51-111.10; 1954, c. 497; 1956, c. 98; 1956, Ex. Sess., c.64; 1960, c. 604; 1966, cc. 174, 175; 1970, c. 779; 1971, Ex. Sess., cc. 88,185; 1972, cc. 568, 708; 1973, cc. 322, 523, 545, 546; 1974, cc. 353, 484;1975, cc. 597, 611; 1976, cc. 678, 699; 1977, c. 620; 1980, c. 722, §51-111.10:01; 1982, cc. 467, 478; 1984, c. 430; 1986, c. 474; 1987, c. 392;1990, c. 832.)

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