                                 CODE OF VIRGINIA

CHANGES OR ERRORS IN RECORDS RESULTING IN ERRONEOUS PAYMENTS; EMPLOYER LIABILITY
(§ 51.1-124.9)

A. 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.

   2. 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.

   3. 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.

B. 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 &#xA7; 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 &#xA7; 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 &#xA7; 51.1-155.

HISTORY: 1952, c. 157, § 51-111.67; 1956, c. 690; 1976, c. 541; 1990, c. 832,
§ 51.1-107; 1994, cc. 4, 85; 2011, c. 747.