{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/51.1-816.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/51.1-816.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/51.1-816.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/51.1-816.html"}],"law_id":367206,"edition_id":2,"section_id":367206,"structure_id":52319,"section_number":"51.1-816","catch_line":"Reduction of pension and benefits where income earned during disability retirement","history":"1983, c. 351, \u00a7 51-122.3; 1990, c. 832.","full_text":"If any person receives a disability pension or benefit under this article and subsequently becomes employed, whether full time or part time, the pensions and benefits received shall be reduced by the amount of income received which exceeds the difference between the benefits received under this section and the amount of pay to which the member would have been entitled had the member’s employment progressed in the same rank and grade with credit for the level of seniority the member would have attained had the member not been disabled. The reduction shall continue until the member would have been eligible for normal retirement, based on age and service, had the member remained uninjured and employed. For the purposes of this section, “income” means gross income received less deductions for social security taxes only.\n\nAny person receiving pensions or benefits under the provisions of this section shall upon request, on or before May 1 of each year, provide a copy of all W-2 forms showing income received, or a statement under oath as to whether the member has received compensation for work performed in the previous calendar year, to the governing body of the jurisdiction providing this pension. Refusal to provide such documents shall be grounds for termination of benefits under this section until such documents are produced. Production of the documents shall be required until the person would have been eligible for normal retirement had the member remained uninjured.\n\nNothing contained in this section shall limit or restrict the right of any person to receive Workers’ Compensation benefits under Title 65.2.\n\n","order_by":null,"text":{"0":{"id":1367212,"text":"If any person receives a disability pension or benefit under this article and subsequently becomes employed, whether full time or part time, the pensions and benefits received shall be reduced by the amount of income received which exceeds the difference between the benefits received under this section and the amount of pay to which the member would have been entitled had the member’s employment progressed in the same rank and grade with credit for the level of seniority the member would have attained had the member not been disabled. The reduction shall continue until the member would have been eligible for normal retirement, based on age and service, had the member remained uninjured and employed. For the purposes of this section, “income” means gross income received less deductions for social security taxes only.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1367213,"text":"Any person receiving pensions or benefits under the provisions of this section shall upon request, on or before May 1 of each year, provide a copy of all W-2 forms showing income received, or a statement under oath as to whether the member has received compensation for work performed in the previous calendar year, to the governing body of the jurisdiction providing this pension. Refusal to provide such documents shall be grounds for termination of benefits under this section until such documents are produced. Production of the documents shall be required until the person would have been eligible for normal retirement had the member remained uninjured.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1367214,"text":"Nothing contained in this section shall limit or restrict the right of any person to receive Workers’ Compensation benefits under Title 65.2.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52319,"edition_id":2,"name":"Members of Police Departments","identifier":"2","label":"article","depth":3,"order_by":2,"parent_id":52317,"metadata":{"child_laws":14,"child_structures":0},"date_created":"2026-08-02 02:57:35","date_modified":"2026-08-02 12:34:36","permalink":{"id":1463317,"object_type":"structure","relational_id":52319,"identifier":"2","token":"51.1\/8\/2","url":"\/51.1\/8\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52317,"edition_id":2,"name":"Local Retirement Systems","identifier":"8","label":"chapter","depth":2,"order_by":11,"parent_id":52280,"metadata":{"child_laws":25,"child_structures":3},"date_created":"2026-08-02 02:57:34","date_modified":"2026-08-02 12:34:35","permalink":{"id":1463281,"object_type":"structure","relational_id":52317,"identifier":"8","token":"51.1\/8","url":"\/51.1\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52280,"edition_id":2,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":109,"parent_id":null,"metadata":{"child_laws":320,"child_structures":41},"date_created":"2026-08-02 02:57:03","date_modified":"2026-08-02 12:34:31","permalink":{"id":1462031,"object_type":"structure","relational_id":52280,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":367197,"structure_id":52319,"section_number":"51.1-807","catch_line":"Police officers' pension and retirement boards","url":"\/51.1-807\/","token":"51.1\/8\/2\/51.1-807","metadata":false},{"id":367198,"structure_id":52319,"section_number":"51.1-808","catch_line":"Powers, authority, and duties of board","url":"\/51.1-808\/","token":"51.1\/8\/2\/51.1-808","metadata":false},{"id":367199,"structure_id":52319,"section_number":"51.1-809","catch_line":"Treasurer of board","url":"\/51.1-809\/","token":"51.1\/8\/2\/51.1-809","metadata":false},{"id":367200,"structure_id":52319,"section_number":"51.1-810","catch_line":"Time credited to service record","url":"\/51.1-810\/","token":"51.1\/8\/2\/51.1-810","metadata":false},{"id":367201,"structure_id":52319,"section_number":"51.1-811","catch_line":"Eligibility for retirement; retirement allowance","url":"\/51.1-811\/","token":"51.1\/8\/2\/51.1-811","metadata":false},{"id":367202,"structure_id":52319,"section_number":"51.1-812","catch_line":"Disability from natural causes not originating in performance of official duties","url":"\/51.1-812\/","token":"51.1\/8\/2\/51.1-812","metadata":false},{"id":367203,"structure_id":52319,"section_number":"51.1-813","catch_line":"Disability resulting from activities in discharge of official duties","url":"\/51.1-813\/","token":"51.1\/8\/2\/51.1-813","metadata":false},{"id":367204,"structure_id":52319,"section_number":"51.1-814","catch_line":"Employing such presumption in determining eligibility for benefits","url":"\/51.1-814\/","token":"51.1\/8\/2\/51.1-814","metadata":false},{"id":367205,"structure_id":52319,"section_number":"51.1-815","catch_line":"Counties, cities, and towns authorized to provide relief to surviving spouse and children","url":"\/51.1-815\/","token":"51.1\/8\/2\/51.1-815","metadata":false},{"id":367206,"structure_id":52319,"section_number":"51.1-816","catch_line":"Reduction of pension and benefits where income earned during disability retirement","url":"\/51.1-816\/","token":"51.1\/8\/2\/51.1-816","metadata":false},{"id":367207,"structure_id":52319,"section_number":"51.1-817","catch_line":"Salary deductions payable to estate or refunded","url":"\/51.1-817\/","token":"51.1\/8\/2\/51.1-817","metadata":false},{"id":367208,"structure_id":52319,"section_number":"51.1-818","catch_line":"Funds for payment of pensions and benefits","url":"\/51.1-818\/","token":"51.1\/8\/2\/51.1-818","metadata":{"court_decisions":""}},{"id":367209,"structure_id":52319,"section_number":"51.1-819","catch_line":"Adoption of article optional by counties, cities, and towns; appeal","url":"\/51.1-819\/","token":"51.1\/8\/2\/51.1-819","metadata":false},{"id":367210,"structure_id":52319,"section_number":"51.1-820","catch_line":"Police officers' pensions and retirements","url":"\/51.1-820\/","token":"51.1\/8\/2\/51.1-820","metadata":false}],"previous_section":{"id":367205,"structure_id":52319,"section_number":"51.1-815","catch_line":"Counties, cities, and towns authorized to provide relief to surviving spouse and children","url":"\/51.1-815\/","token":"51.1\/8\/2\/51.1-815","metadata":false},"next_section":{"id":367207,"structure_id":52319,"section_number":"51.1-817","catch_line":"Salary deductions payable to estate or refunded","url":"\/51.1-817\/","token":"51.1\/8\/2\/51.1-817","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-816\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 351 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1990, chapter 832.<\/p>","references":false,"refers_to":false,"permalink":{"id":1463355,"object_type":"law","relational_id":367206,"identifier":"51.1-816","token":"51.1\/8\/2\/51.1-816","url":"\/51.1-816\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/51.1-816\/","token":"51.1\/8\/2\/51.1-816","dublin_core":{"Title":"Reduction of pension and benefits where income earned during disability retirement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-816","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any person receives a disability pension or benefit under this article and subsequently becomes employed, whether full time or part time, the pensions and benefits received shall be reduced by the amount of income received which exceeds the difference between the benefits received under this section and the amount of pay to which the member would have been entitled had the member’s employment progressed in the same rank and grade with credit for the level of seniority the member would have attained had the member not been disabled. The reduction shall continue until the member would have been eligible for normal retirement, based on age and service, had the member remained uninjured and employed. For the purposes of this section, “income” means gross income received less deductions for social security taxes only.<\/p>

Any person receiving pensions or benefits under the provisions of this section shall upon request, on or before May 1 of each year, provide a copy of all W-2 forms showing income received, or a statement under oath<\/span> as to whether the member has received compensation for work performed in the previous calendar year, to the governing body of the jurisdiction<\/span> providing this pension. Refusal to provide such documents shall be grounds for termination of benefits under this section until such documents are produced. Production of the documents shall be required until the person would have been eligible for normal retirement had the member remained uninjured.<\/p>

Nothing contained in this section shall limit or restrict the right of any person to receive Workers’ Compensation benefits under Title 65.2.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREDUCTION OF PENSION AND BENEFITS WHERE INCOME EARNED DURING DISABILITY\nRETIREMENT (\u00a7 51.1-816)\n\nIf any person receives a disability pension or benefit under this article and\nsubsequently becomes employed, whether full time or part time, the pensions and\nbenefits received shall be reduced by the amount of income received which\nexceeds the difference between the benefits received under this section and the\namount of pay to which the member would have been entitled had the\nmember’s employment progressed in the same rank and grade with credit for\nthe level of seniority the member would have attained had the member not been\ndisabled. The reduction shall continue until the member would have been eligible\nfor normal retirement, based on age and service, had the member remained\nuninjured and employed. For the purposes of this section, “income”\nmeans gross income received less deductions for social security taxes only.\n\nAny person receiving pensions or benefits under the provisions of this section\nshall upon request, on or before May 1 of each year, provide a copy of all W-2\nforms showing income received, or a statement under oath as to whether the\nmember has received compensation for work performed in the previous calendar\nyear, to the governing body of the jurisdiction providing this pension. Refusal\nto provide such documents shall be grounds for termination of benefits under\nthis section until such documents are produced. Production of the documents\nshall be required until the person would have been eligible for normal\nretirement had the member remained uninjured.\n\nNothing contained in this section shall limit or restrict the right of any\nperson to receive Workers’ Compensation benefits under Title 65.2.\n\nHISTORY: 1983, c. 351, \u00a7 51-122.3; 1990, c. 832.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}