51.1-124.11 - Recovery of payments procured by fraud, false statement, etc.
§ 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 Boardto have been procured on the basis of any false statement or falsification ofany Retirement System record knowingly made by or on behalf of the member orbeneficiary, or the member's or beneficiary's failure to make any requiredreport of change in disability status, may be recovered from the member orbeneficiary by the Board either by way of a credit against future paymentsdue the member or beneficiary, by an action at law against the member orbeneficiary, or by deducting any overpayment of benefits from insuranceproceeds as provided in § 51.1-510. Prior to making any such determination,the Board shall give the member or beneficiary reasonable prior writtennotice and an opportunity to be heard in accordance with the provisions ofthe Administrative Process Act (§ 2.2-4000 et seq.). Any member orbeneficiary aggrieved by such determination of the Board shall be entitled tojudicial review pursuant to Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act.
(1998, c. 657.)