{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-804.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-804.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-804.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-804.html"}],"law_id":60431,"edition_id":1,"section_id":60431,"structure_id":14438,"section_number":"2.2-804","catch_line":"Recovery of certain improper payments to state officers and employees","history":"1998, c. 876, \u00a7 2.1-196.2; 2001, c. 844; 2012, c. 307.","full_text":"A\n\nAny officer or employee of the Commonwealth who obtains any compensation or payment to which the officer or employee is not entitled shall be liable for repayment to the employer. Such recipient officer or employee shall not be liable for repayment if the recipient officer or employee proves by a preponderance of the evidence that the improper payment occurred through no fault of the recipient officer or employee and such officer or employee had no actual knowledge of the error and could not have reasonably detected the error.B\n\nAny officer or employee of the Commonwealth who authorizes any other officer or employee to obtain any compensation or payment to which the recipient officer or employee is not entitled, where such authorization is made with actual or constructive knowledge that the recipient officer or employee was not entitled to such compensation or payment, shall be liable for repayment to the employer.C\n\nWhen a change or error in records results in any officer or employee receiving any compensation or payment to which he is not entitled, upon discovery of the improper payment the employer shall take appropriate action to correct the error as soon as practicable and adjust future payments to the correct compensation or payment amount.D\n\nIf the officer or employee leaves state service, liability is disputed, or recovery cannot otherwise be accomplished, the employer shall request the Attorney General to bring an action for restitution pursuant to this section in accordance with the Virginia Debt Collection Act (§ 2.2-4800 et seq.). Claims under this section may be compromised pursuant to and consistent with § 2.2-514.E\n\nIf the officer or employee (i) does not dispute liability under subsection A or B, (ii) receives overpayments stemming from erroneous good faith under-withholdings for retirement, health insurance, or other benefit program enrollments, (iii) receives overpayments of less than $500 from erroneous good faith wage, salary, or expense reimbursements, or (iv) is determined to be liable by a court of competent jurisdiction, the employer shall be authorized to use payroll deductions to recover the erroneous payments made to the officer or employee. Payroll deductions made pursuant to this section shall be limited to 25 percent of disposable earnings as defined in subsection (d) of § 34-29.F\n\nThe provisions of this section shall apply to all officers and employees of the Commonwealth whether or not exempt from the provisions of Chapter 29 (§ 2.2-2900 et seq.).G\n\nThe provisions of this section shall not apply to good faith disbursements made to beneficiaries of the Virginia Retirement System.","order_by":null,"text":{"0":{"id":220960,"text":"Any officer or employee of the Commonwealth who obtains any compensation or payment to which the officer or employee is not entitled shall be liable for repayment to the employer. Such recipient officer or employee shall not be liable for repayment if the recipient officer or employee proves by a preponderance of the evidence that the improper payment occurred through no fault of the recipient officer or employee and such officer or employee had no actual knowledge of the error and could not have reasonably detected the error.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220961,"text":"Any officer or employee of the Commonwealth who authorizes any other officer or employee to obtain any compensation or payment to which the recipient officer or employee is not entitled, where such authorization is made with actual or constructive knowledge that the recipient officer or employee was not entitled to such compensation or payment, shall be liable for repayment to the employer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220962,"text":"When a change or error in records results in any officer or employee receiving any compensation or payment to which he is not entitled, upon discovery of the improper payment the employer shall take appropriate action to correct the error as soon as practicable and adjust future payments to the correct compensation or payment amount.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":220963,"text":"If the officer or employee leaves state service, liability is disputed, or recovery cannot otherwise be accomplished, the employer shall request the Attorney General to bring an action for restitution pursuant to this section in accordance with the Virginia Debt Collection Act (§ 2.2-4800 et seq.). Claims under this section may be compromised pursuant to and consistent with § 2.2-514.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":220964,"text":"If the officer or employee (i) does not dispute liability under subsection A or B, (ii) receives overpayments stemming from erroneous good faith under-withholdings for retirement, health insurance, or other benefit program enrollments, (iii) receives overpayments of less than $500 from erroneous good faith wage, salary, or expense reimbursements, or (iv) is determined to be liable by a court of competent jurisdiction, the employer shall be authorized to use payroll deductions to recover the erroneous payments made to the officer or employee. Payroll deductions made pursuant to this section shall be limited to 25 percent of disposable earnings as defined in subsection (d) of § 34-29.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":220965,"text":"The provisions of this section shall apply to all officers and employees of the Commonwealth whether or not exempt from the provisions of Chapter 29 (§ 2.2-2900 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":220966,"text":"The provisions of this section shall not apply to good faith disbursements made to beneficiaries of the Virginia Retirement System.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14438,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":14437,"metadata":{},"date_created":"2026-06-26 03:48:08","date_modified":"2026-06-26 03:48:08","permalink":{"id":173813,"object_type":"structure","relational_id":14438,"identifier":"1","token":"2.2\/I\/C\/8\/1","url":"\/2.2\/I\/C\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14437,"edition_id":1,"name":"Department of Accounts","identifier":"8","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:48:08","date_modified":"2026-06-26 03:48:08","permalink":{"id":173811,"object_type":"structure","relational_id":14437,"identifier":"8","token":"2.2\/I\/C\/8","url":"\/2.2\/I\/C\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84371,"structure_id":14438,"section_number":"2.2-800","catch_line":"Department of Accounts created; appointment of Comptroller; oath","url":"\/2.2-800\/","token":"2.2\/I\/C\/8\/1\/2.2-800","metadata":false},{"id":60661,"structure_id":14438,"section_number":"2.2-801","catch_line":"Comptroller to appoint administrative assistants, etc","url":"\/2.2-801\/","token":"2.2\/I\/C\/8\/1\/2.2-801","metadata":false},{"id":67777,"structure_id":14438,"section_number":"2.2-802","catch_line":"General accounting and clearance through Comptroller","url":"\/2.2-802\/","token":"2.2\/I\/C\/8\/1\/2.2-802","metadata":false},{"id":78832,"structure_id":14438,"section_number":"2.2-803","catch_line":"Financial accounting and control","url":"\/2.2-803\/","token":"2.2\/I\/C\/8\/1\/2.2-803","metadata":false},{"id":76139,"structure_id":14438,"section_number":"2.2-803.1","catch_line":"Processing of payroll and other transactions by certain institutions of higher education","url":"\/2.2-803.1\/","token":"2.2\/I\/C\/8\/1\/2.2-803.1","metadata":false},{"id":60431,"structure_id":14438,"section_number":"2.2-804","catch_line":"Recovery of certain improper payments to state officers and employees","url":"\/2.2-804\/","token":"2.2\/I\/C\/8\/1\/2.2-804","metadata":false},{"id":85319,"structure_id":14438,"section_number":"2.2-805","catch_line":"Fiscal year","url":"\/2.2-805\/","token":"2.2\/I\/C\/8\/1\/2.2-805","metadata":false},{"id":63329,"structure_id":14438,"section_number":"2.2-806","catch_line":"Reports and payments by city and county treasurers, and clerks of court; deposits of state income tax payments","url":"\/2.2-806\/","token":"2.2\/I\/C\/8\/1\/2.2-806","metadata":false},{"id":81293,"structure_id":14438,"section_number":"2.2-807","catch_line":"Monthly reports of state departments, divisions, etc., receiving public funds","url":"\/2.2-807\/","token":"2.2\/I\/C\/8\/1\/2.2-807","metadata":false},{"id":75888,"structure_id":14438,"section_number":"2.2-808","catch_line":"Collection of delinquent taxes","url":"\/2.2-808\/","token":"2.2\/I\/C\/8\/1\/2.2-808","metadata":false},{"id":66694,"structure_id":14438,"section_number":"2.2-809","catch_line":"When accounts on Comptroller's books to be balanced; general ledger of accounts","url":"\/2.2-809\/","token":"2.2\/I\/C\/8\/1\/2.2-809","metadata":false},{"id":57184,"structure_id":14438,"section_number":"2.2-810","catch_line":"Judges and clerks to certify to Supreme Court lists of all allowances made by courts","url":"\/2.2-810\/","token":"2.2\/I\/C\/8\/1\/2.2-810","metadata":false},{"id":82901,"structure_id":14438,"section_number":"2.2-811","catch_line":"Cancellation of state bonds received in settlement of claims","url":"\/2.2-811\/","token":"2.2\/I\/C\/8\/1\/2.2-811","metadata":false},{"id":58247,"structure_id":14438,"section_number":"2.2-812","catch_line":"What Comptroller may do with old books and papers","url":"\/2.2-812\/","token":"2.2\/I\/C\/8\/1\/2.2-812","metadata":false},{"id":75994,"structure_id":14438,"section_number":"2.2-813","catch_line":"Annual report of Comptroller to Governor","url":"\/2.2-813\/","token":"2.2\/I\/C\/8\/1\/2.2-813","metadata":false},{"id":65521,"structure_id":14438,"section_number":"2.2-813.1","catch_line":"Biannual disclosure by Comptroller of revenue sources collected","url":"\/2.2-813.1\/","token":"2.2\/I\/C\/8\/1\/2.2-813.1","metadata":false},{"id":55803,"structure_id":14438,"section_number":"2.2-813.2","catch_line":"Biannual disclosure by Comptroller of other obligations of the Commonwealth","url":"\/2.2-813.2\/","token":"2.2\/I\/C\/8\/1\/2.2-813.2","metadata":false}],"previous_section":{"id":76139,"structure_id":14438,"section_number":"2.2-803.1","catch_line":"Processing of payroll and other transactions by certain institutions of higher education","url":"\/2.2-803.1\/","token":"2.2\/I\/C\/8\/1\/2.2-803.1","metadata":false},"next_section":{"id":85319,"structure_id":14438,"section_number":"2.2-805","catch_line":"Fiscal year","url":"\/2.2-805\/","token":"2.2\/I\/C\/8\/1\/2.2-805","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-804\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 876<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 844<\/a>; in 2012, chapter 307<\/a>.<\/p>","references":false,"refers_to":[{"id":65778,"section_number":"2.2-2900","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-2900\/"},{"id":85840,"section_number":"2.2-4800","catch_line":"Policy of the Commonwealth; collection of accounts receivable","order_by":null,"url":"\/2.2-4800\/"}],"permalink":{"id":173835,"object_type":"law","relational_id":60431,"identifier":"2.2-804","token":"2.2\/I\/C\/8\/1\/2.2-804","url":"\/2.2-804\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-804\/","token":"2.2\/I\/C\/8\/1\/2.2-804","dublin_core":{"Title":"Recovery of certain improper payments to state officers and employees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-804","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any officer or employee of the Commonwealth who obtains any compensation or payment to which the officer or employee is not entitled shall be liable for repayment to the employer. Such recipient officer or employee shall not be liable for repayment if the recipient officer or employee proves by a preponderance of the evidence<\/span> that the improper payment occurred through no fault of the recipient officer or employee and such officer or employee had no actual knowledge of the error and could not have reasonably detected the error. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any officer or employee of the Commonwealth who authorizes any other officer or employee to obtain any compensation or payment to which the recipient officer or employee is not entitled, where such authorization is made with actual or constructive knowledge that the recipient officer or employee was not entitled to such compensation or payment, shall be liable for repayment to the employer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a change or error in records results in any officer or employee receiving any compensation or payment to which he is not entitled, upon discovery<\/span> of the improper payment the employer shall take appropriate action to correct the error as soon as practicable and adjust future payments to the correct compensation or payment amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the officer or employee leaves state service, liability is disputed, or recovery cannot otherwise be accomplished, the employer shall request the Attorney General<\/span> to bring an action for restitution<\/span> pursuant to this section in accordance with the Virginia Debt Collection Act (§ 2.2-4800<\/a> et seq.). Claims under this section may be compromised pursuant to and consistent with § 2.2-514<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the officer or employee (i) does not dispute liability under subsection A or B, (ii) receives overpayments stemming from erroneous good faith under-withholdings for retirement, health insurance, or other benefit program enrollments, (iii) receives overpayments of less than $500 from erroneous good faith wage, salary, or expense reimbursements, or (iv) is determined to be liable by a court<\/span> of competent jurisdiction<\/span>, the employer shall be authorized to use payroll deductions to recover the erroneous payments made to the officer or employee. Payroll deductions made pursuant to this section shall be limited to 25 percent of disposable earnings as defined in subsection (d) of § 34-29<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of this section shall apply to all officers and employees of the Commonwealth whether or not exempt from the provisions of Chapter 29 (§ 2.2-2900<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of this section shall not apply to good faith disbursements made to beneficiaries of the Virginia Retirement System. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY OF CERTAIN IMPROPER PAYMENTS TO STATE OFFICERS AND EMPLOYEES (\u00a7\n2.2-804)\n\nA. Any officer or employee of the Commonwealth who obtains any compensation or\npayment to which the officer or employee is not entitled shall be liable for\nrepayment to the employer. Such recipient officer or employee shall not be\nliable for repayment if the recipient officer or employee proves by a\npreponderance of the evidence that the improper payment occurred through no\nfault of the recipient officer or employee and such officer or employee had no\nactual knowledge of the error and could not have reasonably detected the error.\n\nB. Any officer or employee of the Commonwealth who authorizes any other officer\nor employee to obtain any compensation or payment to which the recipient officer\nor employee is not entitled, where such authorization is made with actual or\nconstructive knowledge that the recipient officer or employee was not entitled\nto such compensation or payment, shall be liable for repayment to the employer.\n\nC. When a change or error in records results in any officer or employee\nreceiving any compensation or payment to which he is not entitled, upon\ndiscovery of the improper payment the employer shall take appropriate action to\ncorrect the error as soon as practicable and adjust future payments to the\ncorrect compensation or payment amount.\n\nD. If the officer or employee leaves state service, liability is disputed, or\nrecovery cannot otherwise be accomplished, the employer shall request the\nAttorney General to bring an action for restitution pursuant to this section in\naccordance with the Virginia Debt Collection Act (§ 2.2-4800 et seq.).\nClaims under this section may be compromised pursuant to and consistent with\n§ 2.2-514.\n\nE. If the officer or employee (i) does not dispute liability under subsection A\nor B, (ii) receives overpayments stemming from erroneous good faith\nunder-withholdings for retirement, health insurance, or other benefit program\nenrollments, (iii) receives overpayments of less than $500 from erroneous good\nfaith wage, salary, or expense reimbursements, or (iv) is determined to be\nliable by a court of competent jurisdiction, the employer shall be authorized to\nuse payroll deductions to recover the erroneous payments made to the officer or\nemployee. Payroll deductions made pursuant to this section shall be limited to\n25 percent of disposable earnings as defined in subsection (d) of § 34-29.\n\nF. The provisions of this section shall apply to all officers and employees of\nthe Commonwealth whether or not exempt from the provisions of Chapter 29 (§\n2.2-2900 et seq.).\n\nG. The provisions of this section shall not apply to good faith disbursements\nmade to beneficiaries of the Virginia Retirement System.\n\nHISTORY: 1998, c. 876, \u00a7 2.1-196.2; 2001, c. 844; 2012, c. 307.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}