State Codes and Statutes
Statutes > Virginia > Title-27 > Chapter-4 > 27-40-4§ 27-40.4. Income earned during disability retirement; reduction in benefits.
If any person is entitled to and receives pensions and benefits under thisarticle and subsequently becomes employed, whether full-time or part-time,the pensions and benefits received shall be reduced by the amount of incomereceived which exceeds the difference between the benefits received underthis article and the amount of pay to which he would have been entitled hadhis employment progressed in the same rank and grade with credit for thelevel of seniority he would have attained had he not been disabled. Such areduction in benefits shall continue until the time he becomes eligible fornormal retirement, had he remained uninjured and continued his employment.For the purposes of this section, "income" means gross income received lessdeductions for social security taxes only.
Any person receiving pensions or benefits under the provisions of thisarticle shall upon request, on or before May 1 of each year, provide a trueand correct copy of all W-2 forms showing income received, or a statementunder oath as to whether he has received compensation for work performed inthe previous calendar year, to the governing body of the jurisdiction whichis the source of the pension, or to that body's designee. Refusal to providesuch documents shall be grounds for termination of benefits under thissection, until such documents are produced. Production of the documents shallbe required only until such time as the person shall be eligible for normalretirement, had he remained uninjured and continued his employment.
Nothing contained herein shall limit or restrict the right of any person toreceive workers' compensation benefits under Title 65.2, as amended.
(1983, c. 351.)
