§ 2.2-804. Recovery of certain improper payments to state employees.
If any officer or employee of the Commonwealth, whether or not exempt fromthe provisions of Chapter 29 (§ 2.2-2900 et seq.) of this title, contrary toany applicable statute, regulation or written policy of the Commonwealth,obtains or authorizes any other officer or employee to obtain anycompensation or other payment to which an employee is not entitled, and uponthe written request of his employer, fails or refuses to return or reimbursesuch compensation or payment, then both the employee who received the paymentto which he was not entitled and the employee who authorized the paymentshall be liable for repayment to the employer. Liability shall not attachunless such authorization was given with actual or constructive knowledgethat the recipient employee was not entitled to such compensation or payment.
As long as he remains an officer or employee of the Commonwealth, andliability is admitted, his employer may recover the compensation or paymentfrom any compensation or other payments to which the officer or employee isentitled as an administrative offset pursuant to § 2.2-4806. However, theoffset shall not exceed the amount allowed pursuant to § 8.01-512.3. If theofficer or employee leaves state service, liability is disputed or recoverycannot be accomplished, the employer may request the Attorney General tobring an action for restitution pursuant to this section, and the court mayaward the prevailing party costs and reasonable attorneys' fees.
The provisions of this section shall not apply to good faith disbursementsmade to beneficiaries of the Virginia Retirement System.
§ 2.2-804. Recovery of certain improper payments to state employees.
If any officer or employee of the Commonwealth, whether or not exempt fromthe provisions of Chapter 29 (§ 2.2-2900 et seq.) of this title, contrary toany applicable statute, regulation or written policy of the Commonwealth,obtains or authorizes any other officer or employee to obtain anycompensation or other payment to which an employee is not entitled, and uponthe written request of his employer, fails or refuses to return or reimbursesuch compensation or payment, then both the employee who received the paymentto which he was not entitled and the employee who authorized the paymentshall be liable for repayment to the employer. Liability shall not attachunless such authorization was given with actual or constructive knowledgethat the recipient employee was not entitled to such compensation or payment.
As long as he remains an officer or employee of the Commonwealth, andliability is admitted, his employer may recover the compensation or paymentfrom any compensation or other payments to which the officer or employee isentitled as an administrative offset pursuant to § 2.2-4806. However, theoffset shall not exceed the amount allowed pursuant to § 8.01-512.3. If theofficer or employee leaves state service, liability is disputed or recoverycannot be accomplished, the employer may request the Attorney General tobring an action for restitution pursuant to this section, and the court mayaward the prevailing party costs and reasonable attorneys' fees.
The provisions of this section shall not apply to good faith disbursementsmade to beneficiaries of the Virginia Retirement System.
§ 2.2-804. Recovery of certain improper payments to state employees.
If any officer or employee of the Commonwealth, whether or not exempt fromthe provisions of Chapter 29 (§ 2.2-2900 et seq.) of this title, contrary toany applicable statute, regulation or written policy of the Commonwealth,obtains or authorizes any other officer or employee to obtain anycompensation or other payment to which an employee is not entitled, and uponthe written request of his employer, fails or refuses to return or reimbursesuch compensation or payment, then both the employee who received the paymentto which he was not entitled and the employee who authorized the paymentshall be liable for repayment to the employer. Liability shall not attachunless such authorization was given with actual or constructive knowledgethat the recipient employee was not entitled to such compensation or payment.
As long as he remains an officer or employee of the Commonwealth, andliability is admitted, his employer may recover the compensation or paymentfrom any compensation or other payments to which the officer or employee isentitled as an administrative offset pursuant to § 2.2-4806. However, theoffset shall not exceed the amount allowed pursuant to § 8.01-512.3. If theofficer or employee leaves state service, liability is disputed or recoverycannot be accomplished, the employer may request the Attorney General tobring an action for restitution pursuant to this section, and the court mayaward the prevailing party costs and reasonable attorneys' fees.
The provisions of this section shall not apply to good faith disbursementsmade to beneficiaries of the Virginia Retirement System.
