                                 CODE OF VIRGINIA

INCOME EARNED DURING DISABILITY RETIREMENT; REDUCTION IN BENEFITS (§ 27-40.4)

If any person is entitled to and receives pensions and benefits under this
article and subsequently becomes employed, whether full-time or part-time, the
pensions and benefits received shall be reduced by the amount of income received
which exceeds the difference between the benefits received under this article
and the amount of pay to which he would have been entitled had his employment
progressed in the same rank and grade with credit for the level of seniority he
would have attained had he not been disabled. Such a reduction in benefits shall
continue until the time he becomes eligible for normal retirement, had he
remained uninjured and continued his employment. For the purposes of this
section, &#8220;income&#8221; means gross income received less deductions for
social security taxes only.
		Any person receiving pensions or benefits under the provisions of this article
shall upon request, on or before May 1 of each year, provide a true and correct
copy of all W-2 forms showing income received, or a statement under oath as to
whether he has received compensation for work performed in the previous calendar
year, to the governing body of the jurisdiction which is the source of the
pension, or to that body&#8217;s designee. Refusal to provide such documents
shall be grounds for termination of benefits under this section, until such
documents are produced. Production of the documents shall be required only until
such time as the person shall be eligible for normal retirement, had he remained
uninjured and continued his employment.
		Nothing contained herein shall limit or restrict the right of any person to
receive workers&#8217; compensation benefits under Title 65.2, as amended.

HISTORY: 1983, c. 351.