2005_Ordinances - Laserfiche WebLink

Home Browse Search

[Explanation: This section is derived from Virginia Code sections 51.1-157 • and 51.1-158, and is designed to prevent a "double recovery" through receipt of both workers' compensation and disability retirement payments] Sec. 19-155. Reduction of allowance where income earned during disability retirement. (a) If any person receives a disability retirement allowance under this Article and subsequently becomes employed, whether full time or part time, the allowance received shall be reduced by the amount of income received which exceeds the difference between the benefits received under this Article and the amount of pay to which the employee would have been entitled had the member's employment progressed in the same rank and grade with credit for the level of seniority the employee would have attained had the employee not been disabled. For purposes of this section, increases in the amount of pay to which the employee would have been entitled will be equal to the general wage, cost of living, or average pay for performance increase for personnel in the employee's former department. The reduction shall continue until the disability retirement allowance ends pursuant to section 19-156 (b). (b) Any person receiving a disability retirement allowance under the • provisions of this Article 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 employee has received compensation for work performed in the previous calendar year, to the commission. Refusal to provide such documents shall be grounds for termination of the allowance under this Article until such documents are produced. Production of the documents may be required until the person would have been eligible for normal retirement had the person remained uninjured. [Explanation: This provision is taken from Virginia Code section 51.1-816, which is part of an optional disability retirement plan for local police departments. N essence, a disability retirement allowance is reduced if the allowance and any income from other employment exceed the amount that the employee would have been making had he or she remained employed with the City. ) Sec. 19-156. Age and service retirement. (a) Any person receiving a disability retirement allowance pursuant to this Article shall continue to accrue creditable service for purposes of determining eligibility for retirement and, if applicable, the amount of any retirement benefit, • regardless of whether the employee continues in active service with the City. 5