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1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 51.1-159 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 1.1 of Chapter 1 of Title 51.1 a section numbered 51.1-124.11 as follows:
§ 51.1-124.11. Recovery of payments procured by fraud, false statement, etc.
Any payment to a member or beneficiary which is later determined by the Board to have been procured on the basis of any false statement or falsification of any Retirement System record knowingly made by or on behalf of the member or beneficiary, or the member's or beneficiary's failure to make any required report of change in disability status, may be recovered from the member or beneficiary by the Board either by way of a credit against future payments due the member or beneficiary, by an action at law against the member or beneficiary, or by deducting any overpayment of benefits from insurance proceeds as provided in § 51.1-510. Prior to making any such determination, the Board shall give the member or beneficiary reasonable prior written notice and an opportunity to be heard in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.). Any member or beneficiary aggrieved by such determination of the Board shall be entitled to judicial review pursuant to Article 4 (§ 9-6.15:15 et seq.) of the Administrative Process Act.
§ 51.1-159. Medical examinations of persons retired for disability.
A. Once each year following retirement, the Board may require a former member who retired for disability and who has not attained his normal retirement age to undergo a medical examination by the Medical Board or a physician or physicians designated by the Medical Board. If the former member refuses to submit to the required medical examination, his retirement allowance shall be discontinued until he complies. If he does not comply within six months of the date of the request, all of his rights to any further disability retirement allowance shall cease, subject to the provisions of § 51.1-160.
B. If the Medical Board determines that a beneficiary is no
longer not disabled after reviewing the findings of any of the
medical examinations provided for in this section, all rights to any further
disability allowance shall cease, subject to the provisions of § 51.1-160.