{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-124.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-124.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-124.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-124.9.html"}],"law_id":66980,"edition_id":1,"section_id":66980,"structure_id":14725,"section_number":"51.1-124.9","catch_line":"Changes or errors in records resulting in erroneous payments; employer liability","history":"1952, c. 157, \u00a7 51-111.67; 1956, c. 690; 1976, c. 541; 1990, c. 832, \u00a7 51.1-107; 1994, cc. 4, 85; 2011, c. 747.","full_text":"A\n\n1. If any change or error in records results in any member or beneficiary receiving more or less than he would have been entitled to receive from the Retirement System had the records been correct, the Board shall, subject to the provisions of subsection B, correct the error and as far as practicable adjust the payments so that the actuarial equivalent of the correct benefit shall be paid.2\n\nIf a member has been overpaid through no fault of his and could not reasonably have been expected to detect the error the Board may waive any repayment which it believes would cause hardship.3\n\nUpon determination that any person has erroneously been included in membership in the Retirement System, accumulated contributions resulting from the erroneous membership shall be refunded.B\n\nThe Board is authorized to recover any overpayments, from an employer found to be responsible for such overpayments, to a member or beneficiary (i) whose average final compensation exceeds the limitation in § 51.1-152, (ii) who receives in-service distributions because the member or beneficiary is rehired by the employer without either a bona fide break in service, as determined by the Board, following retirement, or the break in service required under subdivision B 3 (a) of § 51.1-155, or (iii) who the Board determines was in service as an employee covered for retirement purposes as prohibited by subdivision B 1 of § 51.1-155.","order_by":null,"text":{"0":{"id":242800,"text":"1. If any change or error in records results in any member or beneficiary receiving more or less than he would have been entitled to receive from the Retirement System had the records been correct, the Board shall, subject to the provisions of subsection B, correct the error and as far as practicable adjust the payments so that the actuarial equivalent of the correct benefit shall be paid.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":242801,"text":"If a member has been overpaid through no fault of his and could not reasonably have been expected to detect the error the Board may waive any repayment which it believes would cause hardship.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":242802,"text":"Upon determination that any person has erroneously been included in membership in the Retirement System, accumulated contributions resulting from the erroneous membership shall be refunded.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"3":{"id":242803,"text":"The Board is authorized to recover any overpayments, from an employer found to be responsible for such overpayments, to a member or beneficiary (i) whose average final compensation exceeds the limitation in § 51.1-152, (ii) who receives in-service distributions because the member or beneficiary is rehired by the employer without either a bona fide break in service, as determined by the Board, following retirement, or the break in service required under subdivision B 3 (a) of § 51.1-155, or (iii) who the Board determines was in service as an employee covered for retirement purposes as prohibited by subdivision B 1 of § 51.1-155.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"ancestry":[{"id":14725,"edition_id":1,"name":"General Provisions","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":13056,"metadata":{},"date_created":"2026-06-26 03:49:34","date_modified":"2026-06-26 03:49:34","permalink":{"id":235039,"object_type":"structure","relational_id":14725,"identifier":"1.1","token":"51.1\/1\/1.1","url":"\/51.1\/1\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13056,"edition_id":1,"name":"Virginia Retirement System","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":235031,"object_type":"structure","relational_id":13056,"identifier":"1","token":"51.1\/1","url":"\/51.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68506,"structure_id":14725,"section_number":"51.1-124.1","catch_line":"Virginia Retirement System established","url":"\/51.1-124.1\/","token":"51.1\/1\/1.1\/51.1-124.1","metadata":false},{"id":64690,"structure_id":14725,"section_number":"51.1-124.10","catch_line":"Falsification of records; penalty","url":"\/51.1-124.10\/","token":"51.1\/1\/1.1\/51.1-124.10","metadata":false},{"id":56421,"structure_id":14725,"section_number":"51.1-124.11","catch_line":"Recovery of payments procured by fraud, false statement, etc","url":"\/51.1-124.11\/","token":"51.1\/1\/1.1\/51.1-124.11","metadata":false},{"id":75770,"structure_id":14725,"section_number":"51.1-124.12","catch_line":"Procedure when employer required to withdraw funds","url":"\/51.1-124.12\/","token":"51.1\/1\/1.1\/51.1-124.12","metadata":false},{"id":62876,"structure_id":14725,"section_number":"51.1-124.13","catch_line":"Loss of benefits; certain felony convictions","url":"\/51.1-124.13\/","token":"51.1\/1\/1.1\/51.1-124.13","metadata":false},{"id":83835,"structure_id":14725,"section_number":"51.1-124.14","catch_line":"Reserved","url":"\/51.1-124.14\/","token":"51.1\/1\/1.1\/51.1-124.14","metadata":false},{"id":62021,"structure_id":14725,"section_number":"51.1-124.2","catch_line":"Virginia Supplemental Retirement System continued as Virginia Retirement System","url":"\/51.1-124.2\/","token":"51.1\/1\/1.1\/51.1-124.2","metadata":false},{"id":70634,"structure_id":14725,"section_number":"51.1-124.3","catch_line":"Definitions","url":"\/51.1-124.3\/","token":"51.1\/1\/1.1\/51.1-124.3","metadata":false},{"id":62870,"structure_id":14725,"section_number":"51.1-124.4","catch_line":"Exemption of assets from taxation; exemption of benefits and assets from execution and assignment; trust funds; unclaimed property; eligible rollover distribution","url":"\/51.1-124.4\/","token":"51.1\/1\/1.1\/51.1-124.4","metadata":false},{"id":76306,"structure_id":14725,"section_number":"51.1-124.5","catch_line":"Disclosure of social security account numbers","url":"\/51.1-124.5\/","token":"51.1\/1\/1.1\/51.1-124.5","metadata":false},{"id":78948,"structure_id":14725,"section_number":"51.1-124.6","catch_line":"Benefits to be paid monthly","url":"\/51.1-124.6\/","token":"51.1\/1\/1.1\/51.1-124.6","metadata":false},{"id":85658,"structure_id":14725,"section_number":"51.1-124.7","catch_line":"Distribution of assets upon repeal of system","url":"\/51.1-124.7\/","token":"51.1\/1\/1.1\/51.1-124.7","metadata":false},{"id":83914,"structure_id":14725,"section_number":"51.1-124.8","catch_line":"Persons affected by changes in retirement benefits","url":"\/51.1-124.8\/","token":"51.1\/1\/1.1\/51.1-124.8","metadata":false},{"id":66980,"structure_id":14725,"section_number":"51.1-124.9","catch_line":"Changes or errors in records resulting in erroneous payments; employer liability","url":"\/51.1-124.9\/","token":"51.1\/1\/1.1\/51.1-124.9","metadata":false}],"previous_section":{"id":83914,"structure_id":14725,"section_number":"51.1-124.8","catch_line":"Persons affected by changes in retirement benefits","url":"\/51.1-124.8\/","token":"51.1\/1\/1.1\/51.1-124.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-124.9\/","history_text":"

This law was first created in 1952. The record of its establishment is cataloged in chapter 157 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 1952 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1956, chapter 690; in 1976, chapter 541; in 1990, chapter 832; in 1994, chapters 4<\/a> and 85<\/a>; in 2011, chapter 747<\/a>.<\/p>","references":false,"refers_to":[{"id":59629,"section_number":"51.1-152","catch_line":"Limitations on average final compensation","order_by":null,"url":"\/51.1-152\/"},{"id":72358,"section_number":"51.1-155","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-155\/"}],"permalink":{"id":235093,"object_type":"law","relational_id":66980,"identifier":"51.1-124.9","token":"51.1\/1\/1.1\/51.1-124.9","url":"\/51.1-124.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-124.9\/","token":"51.1\/1\/1.1\/51.1-124.9","dublin_core":{"Title":"Changes or errors in records resulting in erroneous payments; employer liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-124.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. If any change or error in records results in any member<\/span> or beneficiary<\/span> receiving more or less than he would have been entitled to receive from the Retirement System<\/span> had the records been correct, the Board<\/span> shall, subject to the provisions of subsection B, correct the error and as far as practicable adjust the payments so that the actuarial equivalent<\/span> of the correct benefit shall be paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a member<\/span> has been overpaid through no fault of his and could not reasonably have been expected to detect the error the Board<\/span> may waive<\/span> any repayment which it believes would cause hardship. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon determination that any person has erroneously been included in membership in the Retirement System<\/span>, accumulated contributions<\/span> resulting from the erroneous membership shall be refunded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> is authorized to recover any overpayments, from an employer<\/span> found to be responsible for such overpayments, to a member<\/span> or beneficiary<\/span> (i) whose average final compensation<\/span> exceeds the limitation in § 51.1-152<\/a>, (ii) who receives in-service<\/span> distributions because the member<\/span> or beneficiary<\/span> is rehired by the employer<\/span> without either a bona fide break in service<\/span>, as determined by the Board<\/span>, following retirement, or the break in service<\/span> required under subdivision B 3 (a) of § 51.1-155<\/a>, or (iii) who the Board<\/span> determines was in service<\/span> as an employee<\/span> covered for retirement purposes as prohibited by subdivision B 1 of § 51.1-155<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHANGES OR ERRORS IN RECORDS RESULTING IN ERRONEOUS PAYMENTS; EMPLOYER LIABILITY\n(\u00a7 51.1-124.9)\n\nA. 1. If any change or error in records results in any member or beneficiary\nreceiving more or less than he would have been entitled to receive from the\nRetirement System had the records been correct, the Board shall, subject to the\nprovisions of subsection B, correct the error and as far as practicable adjust\nthe payments so that the actuarial equivalent of the correct benefit shall be\npaid.\n\n 2. If a member has been overpaid through no fault of his and could not\n reasonably have been expected to detect the error the Board may waive any\n repayment which it believes would cause hardship.\n\n 3. Upon determination that any person has erroneously been included in\n membership in the Retirement System, accumulated contributions resulting from\n the erroneous membership shall be refunded.\n\nB. The Board is authorized to recover any overpayments, from an employer found\nto be responsible for such overpayments, to a member or beneficiary (i) whose\naverage final compensation exceeds the limitation in § 51.1-152, (ii) who\nreceives in-service distributions because the member or beneficiary is rehired\nby the employer without either a bona fide break in service, as determined by\nthe Board, following retirement, or the break in service required under\nsubdivision B 3 (a) of § 51.1-155, or (iii) who the Board determines was in\nservice as an employee covered for retirement purposes as prohibited by\nsubdivision B 1 of § 51.1-155.\n\nHISTORY: 1952, c. 157, \u00a7 51-111.67; 1956, c. 690; 1976, c. 541; 1990, c. 832,\n\u00a7 51.1-107; 1994, cc. 4, 85; 2011, c. 747.","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}}