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1998 SESSION
987566480Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 2.1-196.2 as follows:
§ 2.1-196.2. Recovery of certain improper payments to state employees.
If any officer or employee of the Commonwealth, whether or not exempt from the provisions of Chapter 10 (§ 2.1-110 et seq.) of Title 2.1, contrary to any applicable statute, regulation or written policy of the Commonwealth, obtains or authorizes any other officer or employee to obtain any compensation or other payment to which he is not entitled, and upon the written request of his employer, fails or refuses to return or reimburse such compensation or payment, he shall be liable for repayment to his employer.
As long as he remains an officer or employee of the Commonwealth, his
employer may recover such compensation or payment from any compensation or
other payments to which the officer or employee is entitled as an
administrative offset pursuant to § 2.1-733. If such officer or employee
leaves state service or if recovery cannot be accomplished, the employer may
request the Attorney General to bring an action for restitution pursuant to
this section, and the court may award the prevailing [
employer party ] costs and reasonable
attorneys' fees.
[ The provisions of this section shall not apply to good faith disbursements made to beneficiaries of the Virginia Retirement System. ]