51.1-816 - Reduction of pension and benefits where income earned during disability retirement. - Virginia Statutes

§ 51.1-816. Reduction of pension and benefits where income earned duringdisability retirement.

If any person receives a disability pension or benefit under this article andsubsequently becomes employed, whether full time or part time, the pensionsand benefits received shall be reduced by the amount of income received whichexceeds the difference between the benefits received under this section andthe amount of pay to which the member would have been entitled had themember's employment progressed in the same rank and grade with credit for thelevel of seniority the member would have attained had the member not beendisabled. The reduction shall continue until the member would have beeneligible for normal retirement, based on age and service, had the memberremained uninjured and employed. For the purposes of this section, "income"means gross income received less deductions for social security taxes only.

Any person receiving pensions or benefits under the provisions of thissection shall upon request, on or before May 1 of each year, provide a copyof all W-2 forms showing income received, or a statement under oath as towhether the member has received compensation for work performed in theprevious calendar year, to the governing body of the jurisdiction providingthis pension. Refusal to provide such documents shall be grounds fortermination of benefits under this section until such documents are produced. Production of the documents shall be required until the person would havebeen eligible for normal retirement had the member remained uninjured.

Nothing contained in this section shall limit or restrict the right of anyperson to receive Workers' Compensation benefits under Title 65.2.

(1983, c. 351, § 51-122.3; 1990, c. 832.)