                                 CODE OF VIRGINIA

PERFORMANCE OF PHYSICAL EXAMINATIONS REQUIRED BY § 27-40.1 (§ 27-40.1:1)

Any county, city or town providing death, retirement, sickness or other benefits
pursuant to the authority granted by § 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 § 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 § 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 § 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.

HISTORY: 1973, c. 543; 1976, c. 772; 1977, c. 326.