                                 CODE OF VIRGINIA

REDUCTION OF PENSION AND BENEFITS WHERE INCOME EARNED DURING DISABILITY
RETIREMENT (§ 51.1-816)

If any person receives a disability pension or benefit 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 section and the
amount of pay to which the member would have been entitled had the
member&#8217;s employment progressed in the same rank and grade with credit for
the level of seniority the member would have attained had the member not been
disabled. The reduction shall continue until the member would have been eligible
for normal retirement, based on age and service, had the member remained
uninjured and employed. 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 section
shall upon request, on or before May 1 of each year, provide a copy of all W-2
forms showing income received, or a statement under oath as to whether the
member has received compensation for work performed in the previous calendar
year, to the governing body of the jurisdiction providing this pension. 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 until the person would have been eligible for normal
retirement had the member remained uninjured.
		Nothing contained in this section shall limit or restrict the right of any
person to receive Workers&#8217; Compensation benefits under Title 65.2.

HISTORY: 1983, c. 351, § 51-122.3; 1990, c. 832.