                                 CODE OF VIRGINIA

RECOVERY OF PAYMENTS PROCURED BY FRAUD, FALSE STATEMENT, ETC (§ 51.1-124.11)

Any payment to a member or beneficiary which is later determined by the Board to
have been procured on the basis of any false statement or falsification of any
Retirement System record knowingly made by or on behalf of the member or
beneficiary, or the member&#8217;s or beneficiary&#8217;s failure to make any
required report of change in disability status, may be recovered from the member
or beneficiary by the Board either by way of a credit against future payments
due the member or beneficiary, by an action at law against the member or
beneficiary, or by deducting any overpayment of benefits from insurance proceeds
as provided in § 51.1-510. Prior to making any such determination, the Board
shall give the member or beneficiary reasonable prior written notice and an
opportunity to be heard in accordance with the provisions of the Administrative
Process Act (§ 2.2-4000 et seq.). Any member or beneficiary aggrieved by such
determination of the Board shall be entitled to judicial review pursuant to
Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

HISTORY: 1998, c. 657.