                                 CODE OF VIRGINIA

PAYMENTS FROM THE FUND; TRANSFER AND RECOVERY OF PAYMENTS; LIMITATION ON CLAIMS
(§ 3.2-3107)

A. No payments made, or otherwise payable, to tobacco farmers under this chapter
shall be transferable or assignable, at law or in equity, except by testate or
intestate succession, or by a property settlement agreement, separation
agreement, or judicial decree in a separation or divorce proceeding. Except in
actions initiated by or on behalf of the Commission, no payments made, or
otherwise payable, to tobacco farmers under this chapter shall be subject to
execution, levy, attachment, garnishment, or other legal process until such
money has been paid or distributed. The Commonwealth, and any department,
agency, or institution thereof, the Commission, and their agents and employees,
shall not be a party or otherwise subject to such execution, levy, attachment,
garnishment, or other legal process.

B. Grants, loans, or other distributions paid or payable from the Fund to
promote economic growth and development shall not be subject to execution, levy,
attachment, garnishment, or other legal process, except in actions initiated by
or on behalf of the Commission. Such grants, loans, or other distributions shall
only be transferable or assignable in accordance with terms established by the
Commission.

C. Any payment from the Fund that is later determined to have been made wrongly
or erroneously may be recovered by the Commission either by way of a credit or
offset against any future payments otherwise distributable to the recipient or
by judicial action. Prior to making any such determination, the Commission shall
give the recipient reasonable prior written notice and an opportunity to be
heard in accordance with rules established by the Commission.

D. In addition to any other penalties provided by law, any person requesting or
applying for a payment from the Fund who knowingly makes any false, fictitious,
or fraudulent statements or representations or otherwise knowingly provides any
false, fictitious, or fraudulent information to the Commission shall forfeit his
opportunity or eligibility to receive any payments from the Fund.

E. Any eligible person who fails, for any reason whatsoever, to apply for any
indemnification payment determined to be distributable by the Commission by the
deadline established by the Commission or its Executive Director for the receipt
of applications or verification forms shall be forever barred from receiving
such payment unless the person makes appropriate written application to the
Commission that is received within one year of the established deadline. At the
end of such one-year period, no action shall lie against the Fund or the
Commission for such payments to the person from the Fund.

F. All payments made or eligible to be made under this chapter shall be deemed
to be granted and to be held subject to the provisions of this chapter and any
amending or repealing act that may hereafter be passed, and no person shall have
any claim for compensation, or otherwise, by reason of his payments or payment
eligibility being affected in any way by any amending or repealing act.

HISTORY: 2001, c. 757, § 9-385.1; 2001, c. 844, § 3.1-1111.1; 2008, c. 860.