{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/27-40.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/27-40.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/27-40.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/27-40.1_1.html"}],"law_id":61063,"edition_id":1,"section_id":61063,"structure_id":15380,"section_number":"27-40.1:1","catch_line":"Performance of physical examinations required by \u00a7 27-40.1","history":"1973, c. 543; 1976, c. 772; 1977, c. 326.","full_text":"Any county, city or town providing death, retirement, sickness or other benefits pursuant to the authority granted by \u00a7 27-39, or pursuant to any other provision of law or the charter of any city or town, or otherwise, shall do so exclusive of, and without regard to, any such benefits paid or payable out of the general fund of the state treasury pursuant to \u00a7 9.1-400 et seq. and shall by ordinance make provision for the employment of physicians and the performance of the physical examination required by \u00a7 27-40.1 and shall cause such examination to be made within ninety days after June 1, 1973, of every fire fighter in its service or the service of a political subdivision with which it has contracted for fire protection and of every fire fighter entering upon such service thereafter at the time of such entry, provided however, that any fire fighter employed by any such county, city or town which failed to cause such physical examination to be made on or before January 1, 1976, for any fire fighter employed prior to January 1, 1976, in its service or the service of a political subdivision with which it has contracted for fire protection shall be presumed to have been found free from respiratory disease, hypertension or heart disease as if such fire fighter had been examined pursuant to \u00a7 27-40.1. Such presumption shall also apply to the benefit of any fire fighter entering upon such service on or after January 1, 1976, unless said county, city or town shall cause such examination to be made of such fire fighter within ninety days after July 1, 1976. Every fire fighter entering upon such service on or after October 1, 1976, and thereafter, shall be entitled to the benefit of such presumption unless such county, city or town shall cause such examination to be made of such fire fighter at the time of such entry.","order_by":null,"text":{"0":{"id":223277,"text":"Any county, city or town providing death, retirement, sickness or other benefits pursuant to the authority granted by \u00a7 27-39, or pursuant to any other provision of law or the charter of any city or town, or otherwise, shall do so exclusive of, and without regard to, any such benefits paid or payable out of the general fund of the state treasury pursuant to \u00a7 9.1-400 et seq. and shall by ordinance make provision for the employment of physicians and the performance of the physical examination required by \u00a7 27-40.1 and shall cause such examination to be made within ninety days after June 1, 1973, of every fire fighter in its service or the service of a political subdivision with which it has contracted for fire protection and of every fire fighter entering upon such service thereafter at the time of such entry, provided however, that any fire fighter employed by any such county, city or town which failed to cause such physical examination to be made on or before January 1, 1976, for any fire fighter employed prior to January 1, 1976, in its service or the service of a political subdivision with which it has contracted for fire protection shall be presumed to have been found free from respiratory disease, hypertension or heart disease as if such fire fighter had been examined pursuant to \u00a7 27-40.1. Such presumption shall also apply to the benefit of any fire fighter entering upon such service on or after January 1, 1976, unless said county, city or town shall cause such examination to be made of such fire fighter within ninety days after July 1, 1976. Every fire fighter entering upon such service on or after October 1, 1976, and thereafter, shall be entitled to the benefit of such presumption unless such county, city or town shall cause such examination to be made of such fire fighter at the time of such entry.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15380,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":15379,"metadata":{},"date_created":"2026-06-26 03:54:27","date_modified":"2026-06-26 03:54:27","permalink":{"id":190251,"object_type":"structure","relational_id":15380,"identifier":"1","token":"27\/4\/1","url":"\/27\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15379,"edition_id":1,"name":"Relief for Fire Fighters and Dependents","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":13504,"metadata":{},"date_created":"2026-06-26 03:54:27","date_modified":"2026-06-26 03:54:27","permalink":{"id":190249,"object_type":"structure","relational_id":15379,"identifier":"4","token":"27\/4","url":"\/27\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13504,"edition_id":1,"name":"Fire Protection","identifier":"27","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:05","date_modified":"2026-06-26 03:45:05","permalink":{"id":189965,"object_type":"structure","relational_id":13504,"identifier":"27","token":"27","url":"\/27\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76752,"structure_id":15380,"section_number":"27-38","catch_line":"Repealed","url":"\/27-38\/","token":"27\/4\/1\/27-38","metadata":false},{"id":59365,"structure_id":15380,"section_number":"27-39","catch_line":"Counties, cities and towns authorized to provide relief","url":"\/27-39\/","token":"27\/4\/1\/27-39","metadata":false},{"id":78427,"structure_id":15380,"section_number":"27-40","catch_line":"Support of dependent children of firemen","url":"\/27-40\/","token":"27\/4\/1\/27-40","metadata":false},{"id":77104,"structure_id":15380,"section_number":"27-40.1","catch_line":"Presumption as to death or disability from respiratory diseases, hypertension or heart disease","url":"\/27-40.1\/","token":"27\/4\/1\/27-40.1","metadata":false},{"id":61063,"structure_id":15380,"section_number":"27-40.1:1","catch_line":"Performance of physical examinations required by \u00a7 27-40.1","url":"\/27-40.1_1\/","token":"27\/4\/1\/27-40.1_1","metadata":false},{"id":71787,"structure_id":15380,"section_number":"27-40.2","catch_line":"Employing such presumption in determining eligibility for benefits","url":"\/27-40.2\/","token":"27\/4\/1\/27-40.2","metadata":false},{"id":62658,"structure_id":15380,"section_number":"27-40.3","catch_line":"Definition","url":"\/27-40.3\/","token":"27\/4\/1\/27-40.3","metadata":false},{"id":58564,"structure_id":15380,"section_number":"27-40.4","catch_line":"Income earned during disability retirement; reduction in benefits","url":"\/27-40.4\/","token":"27\/4\/1\/27-40.4","metadata":false}],"previous_section":{"id":77104,"structure_id":15380,"section_number":"27-40.1","catch_line":"Presumption as to death or disability from respiratory diseases, hypertension or heart disease","url":"\/27-40.1\/","token":"27\/4\/1\/27-40.1","metadata":false},"next_section":{"id":71787,"structure_id":15380,"section_number":"27-40.2","catch_line":"Employing such presumption in determining eligibility for benefits","url":"\/27-40.2\/","token":"27\/4\/1\/27-40.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/27-40.1:1\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 543 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. Unfortunately, the 1973 \u201cActs\u201d aren\u2019t available online. 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 1976, chapter 772; in 1977, chapter 326.<\/p>","references":false,"refers_to":[{"id":59365,"section_number":"27-39","catch_line":"Counties, cities and towns authorized to provide relief","order_by":null,"url":"\/27-39\/"},{"id":77104,"section_number":"27-40.1","catch_line":"Presumption as to death or disability from respiratory diseases, hypertension or heart disease","order_by":null,"url":"\/27-40.1\/"},{"id":54405,"section_number":"9.1-400","catch_line":"Title of chapter; definitions","order_by":null,"url":"\/9.1-400\/"}],"permalink":{"id":190269,"object_type":"law","relational_id":61063,"identifier":"27-40.1:1","token":"27\/4\/1\/27-40.1_1","url":"\/27-40.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/27-40.1_1\/","token":"27\/4\/1\/27-40.1_1","dublin_core":{"Title":"Performance of physical examinations required by \u00a7 27-40.1","Type":"Text","Format":"text\/html","Identifier":"\u00a7 27-40.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any county, city or town providing death, retirement, sickness or other benefits pursuant to the authority granted by \u00a7 27-39<\/a>, or pursuant to any other provision of law<\/span> or the charter of any city or town, or otherwise, shall do so exclusive of, and without regard to, any such benefits paid or payable out of the general fund of the state treasury pursuant to \u00a7 9.1-400<\/a> et seq. and shall by ordinance<\/span> make provision for the employment of physicians and the performance of the physical examination required by \u00a7 27-40.1<\/a> and shall cause such examination to be made within ninety days after June 1, 1973, of every fire fighter in its service or the service of a political subdivision with which it has contracted for fire protection and of every fire fighter entering upon such service thereafter at the time of such entry, provided however, that any fire fighter employed by any such county, city or town which failed to cause such physical examination to be made on or before January 1, 1976, for any fire fighter employed prior to January 1, 1976, in its service or the service of a political subdivision with which it has contracted for fire protection shall be presumed to have been found free from respiratory disease, hypertension or heart disease as if such fire fighter had been examined pursuant to \u00a7 27-40.1<\/a>. Such presumption<\/span> shall also apply to the benefit of any fire fighter entering upon such service on or after January 1, 1976, unless said county, city or town shall cause such examination to be made of such fire fighter within ninety days after July 1, 1976. Every fire fighter entering upon such service on or after October 1, 1976, and thereafter, shall be entitled to the benefit of such presumption<\/span> unless such county, city or town shall cause such examination to be made of such fire fighter at the time of such entry.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERFORMANCE OF PHYSICAL EXAMINATIONS REQUIRED BY \u00a7 27-40.1 (\u00a7 27-40.1:1)\n\nAny county, city or town providing death, retirement, sickness or other benefits\npursuant to the authority granted by \u00a7 27-39, or pursuant to any other\nprovision of law or the charter of any city or town, or otherwise, shall do so\nexclusive of, and without regard to, any such benefits paid or payable out of\nthe general fund of the state treasury pursuant to \u00a7 9.1-400 et seq. and shall\nby ordinance make provision for the employment of physicians and the performance\nof the physical examination required by \u00a7 27-40.1 and shall cause such\nexamination to be made within ninety days after June 1, 1973, of every fire\nfighter in its service or the service of a political subdivision with which it\nhas contracted for fire protection and of every fire fighter entering upon such\nservice thereafter at the time of such entry, provided however, that any fire\nfighter employed by any such county, city or town which failed to cause such\nphysical examination to be made on or before January 1, 1976, for any fire\nfighter employed prior to January 1, 1976, in its service or the service of a\npolitical subdivision with which it has contracted for fire protection shall be\npresumed to have been found free from respiratory disease, hypertension or heart\ndisease as if such fire fighter had been examined pursuant to \u00a7 27-40.1. Such\npresumption shall also apply to the benefit of any fire fighter entering upon\nsuch service on or after January 1, 1976, unless said county, city or town shall\ncause such examination to be made of such fire fighter within ninety days after\nJuly 1, 1976. Every fire fighter entering upon such service on or after October\n1, 1976, and thereafter, shall be entitled to the benefit of such presumption\nunless such county, city or town shall cause such examination to be made of such\nfire fighter at the time of such entry.\n\nHISTORY: 1973, c. 543; 1976, c. 772; 1977, c. 326.","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}}