{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/27-40.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/27-40.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/27-40.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/27-40.4.html"}],"law_id":356344,"edition_id":2,"section_id":356344,"structure_id":50982,"section_number":"27-40.4","catch_line":"Income earned during disability retirement; reduction in benefits","history":"1983, c. 351.","full_text":"If any person is entitled to and receives pensions and benefits 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 article and the amount of pay to which he would have been entitled had his employment progressed in the same rank and grade with credit for the level of seniority he would have attained had he not been disabled. Such a reduction in benefits shall continue until the time he becomes eligible for normal retirement, had he remained uninjured and continued his employment. 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 article shall upon request, on or before May 1 of each year, provide a true and correct copy of all W-2 forms showing income received, or a statement under oath as to whether he has received compensation for work performed in the previous calendar year, to the governing body of the jurisdiction which is the source of the pension, or to that body’s designee. 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 only until such time as the person shall be eligible for normal retirement, had he remained uninjured and continued his employment.\n\nNothing contained herein shall limit or restrict the right of any person to receive workers’ compensation benefits under Title 65.2, as amended.\n\n","order_by":null,"text":{"0":{"id":1326795,"text":"If any person is entitled to and receives pensions and benefits 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 article and the amount of pay to which he would have been entitled had his employment progressed in the same rank and grade with credit for the level of seniority he would have attained had he not been disabled. Such a reduction in benefits shall continue until the time he becomes eligible for normal retirement, had he remained uninjured and continued his employment. 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":1326796,"text":"Any person receiving pensions or benefits under the provisions of this article shall upon request, on or before May 1 of each year, provide a true and correct copy of all W-2 forms showing income received, or a statement under oath as to whether he has received compensation for work performed in the previous calendar year, to the governing body of the jurisdiction which is the source of the pension, or to that body’s designee. 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 only until such time as the person shall be eligible for normal retirement, had he remained uninjured and continued his employment.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1326797,"text":"Nothing contained herein shall limit or restrict the right of any person to receive workers’ compensation benefits under Title 65.2, as amended.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":50982,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":50981,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 02:35:52","date_modified":"2026-08-02 12:31:40","permalink":{"id":1417253,"object_type":"structure","relational_id":50982,"identifier":"1","token":"27\/4\/1","url":"\/27\/4\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50981,"edition_id":2,"name":"Relief for Fire Fighters and Dependents","identifier":"4","label":"chapter","depth":2,"order_by":4,"parent_id":50974,"metadata":{"child_laws":18,"child_structures":2},"date_created":"2026-08-02 02:35:52","date_modified":"2026-08-02 12:31:40","permalink":{"id":1417251,"object_type":"structure","relational_id":50981,"identifier":"4","token":"27\/4","url":"\/27\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50974,"edition_id":2,"name":"Fire Protection","identifier":"27","label":"title","depth":1,"order_by":68,"parent_id":null,"metadata":{"child_laws":146,"child_structures":19},"date_created":"2026-08-02 02:35:42","date_modified":"2026-08-02 12:31:38","permalink":{"id":1416967,"object_type":"structure","relational_id":50974,"identifier":"27","token":"27","url":"\/27\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356337,"structure_id":50982,"section_number":"27-38","catch_line":"Repealed","url":"\/27-38\/","token":"27\/4\/1\/27-38","metadata":false},{"id":356338,"structure_id":50982,"section_number":"27-39","catch_line":"Counties, cities and towns authorized to provide relief","url":"\/27-39\/","token":"27\/4\/1\/27-39","metadata":false},{"id":356345,"structure_id":50982,"section_number":"27-40","catch_line":"Support of dependent children of firemen","url":"\/27-40\/","token":"27\/4\/1\/27-40","metadata":{"court_decisions":{"0":{"name":"Jones v. Commonwealth Ex Rel. Von Moll","case_number":"Record 170639","citation":"814 S.E.2d 192","date":"2018-06-07","url":"https:\/\/www.courtlistener.com\/opinion\/4504811\/jones-v-commonwealth-ex-rel-von-moll\/","abstract":" .\u202f.\u202f. OPINION BY JUSTICE S. BERNARD GOODWYN .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"1":{"name":"United States v. Jamal Lockley","case_number":"19-4826","citation":null,"date":"2024-06-12","url":"https:\/\/www.courtlistener.com\/opinion\/9546277\/united-states-v-jamal-lockley\/","abstract":" .\u202f.\u202f. USCA4 Appeal: 19-4826 Doc: 171 Filed: 06\/12\/2024 Pg: 1 of 46 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"2":{"name":"United States v. Randy Banks","case_number":"19-4620","citation":"104 F.4th 496","date":"2024-06-12","url":"https:\/\/www.courtlistener.com\/opinion\/9546275\/united-states-v-randy-banks\/","abstract":" .\u202f.\u202f. USCA4 Appeal: 19-4620 Doc: 185 Filed: 06\/12\/2024 Pg: 1 of 46 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"3":{"name":"United States v. Dante Bailey","case_number":"20-4266","citation":null,"date":"2024-06-12","url":"https:\/\/www.courtlistener.com\/opinion\/9546278\/united-states-v-dante-bailey\/","abstract":" .\u202f.\u202f. USCA4 Appeal: 20-4266 Doc: 163 Filed: 06\/12\/2024 Pg: 1 of 46 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"4":{"name":" .\u202f.\u202f. Judith Ann Rabb Ernest Rabb v. American Shelter Company, .\u202f.\u202f. ","case_number":"93-2056","citation":"25 F.3d 1040","date":"1994-06-14","url":"https:\/\/www.courtlistener.com\/opinion\/670900\/judith-ann-rabb-ernest-rabb-v-american-shelter-com\/","abstract":" .\u202f.\u202f. 25 F.3d 1040NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"5":{"name":"United States v. Shakeen Davis","case_number":"20-4250","citation":null,"date":"2024-06-12","url":"https:\/\/www.courtlistener.com\/opinion\/9546273\/united-states-v-shakeen-davis\/","abstract":" .\u202f.\u202f. USCA4 Appeal: 20-4250 Doc: 166 Filed: 06\/12\/2024 Pg: 1 of 46 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"6":{"name":"United States v. Corloyd Anderson","case_number":"20-4193","citation":null,"date":"2024-06-12","url":"https:\/\/www.courtlistener.com\/opinion\/9546279\/united-states-v-corloyd-anderson\/","abstract":" .\u202f.\u202f. USCA4 Appeal: 20-4193 Doc: 168 Filed: 06\/12\/2024 Pg: 1 of 46 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"7":{"name":"AmGuard Insurance Company v. SG Patel and Sons II LLC","case_number":"20-1246","citation":"999 F.3d 238","date":"2021-06-07","url":"https:\/\/www.courtlistener.com\/opinion\/4889565\/amguard-insurance-company-v-sg-patel-and-sons-ii-llc\/","abstract":" .\u202f.\u202f. PUBLISHED .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"8":{"name":"Evans v. Mullins","case_number":"2:00CV00048","citation":"130 F. Supp. 2d 774","date":"2001-01-29","url":"https:\/\/www.courtlistener.com\/opinion\/2418759\/evans-v-mullins\/","abstract":" .\u202f.\u202f. 130 F.Supp.2d 774 (2001) .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"},"9":{"name":"Arrington v. Peoples Security Life Insurance","case_number":"Record 941247","citation":"458 S.E.2d 289","date":"1995-06-09","url":"https:\/\/www.courtlistener.com\/opinion\/1060293\/arrington-v-peoples-security-life-insurance\/","abstract":" .\u202f.\u202f. 458 S.E.2d 289 (1995) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":356340,"structure_id":50982,"section_number":"27-40.1","catch_line":"Presumption as to death or disability from respiratory diseases, hypertension or heart disease","url":"\/27-40.1\/","token":"27\/4\/1\/27-40.1","metadata":false},{"id":356341,"structure_id":50982,"section_number":"27-40.1:1","catch_line":"Performance of physical examinations required by \u00a7 27-40.1","url":"\/27-40.1_1\/","token":"27\/4\/1\/27-40.1_1","metadata":false},{"id":356342,"structure_id":50982,"section_number":"27-40.2","catch_line":"Employing such presumption in determining eligibility for benefits","url":"\/27-40.2\/","token":"27\/4\/1\/27-40.2","metadata":false},{"id":356343,"structure_id":50982,"section_number":"27-40.3","catch_line":"Definition","url":"\/27-40.3\/","token":"27\/4\/1\/27-40.3","metadata":false},{"id":356344,"structure_id":50982,"section_number":"27-40.4","catch_line":"Income earned during disability retirement; reduction in benefits","url":"\/27-40.4\/","token":"27\/4\/1\/27-40.4","metadata":false}],"previous_section":{"id":356343,"structure_id":50982,"section_number":"27-40.3","catch_line":"Definition","url":"\/27-40.3\/","token":"27\/4\/1\/27-40.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/27-40.4\/","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.<\/p>","references":false,"refers_to":false,"permalink":{"id":1417283,"object_type":"law","relational_id":356344,"identifier":"27-40.4","token":"27\/4\/1\/27-40.4","url":"\/27-40.4\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/27-40.4\/","token":"27\/4\/1\/27-40.4","dublin_core":{"Title":"Income earned during disability retirement; reduction in benefits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 27-40.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any person is entitled to and receives pensions and benefits 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 article and the amount of pay to which he would have been entitled had his employment progressed in the same rank and grade with credit for the level of seniority he would have attained had he not been disabled. Such a reduction in benefits shall continue until the time he becomes eligible for normal retirement, had he remained uninjured and continued his employment. 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 article shall upon request, on or before May 1 of each year, provide a true and correct copy of all W-2 forms showing income received, or a statement under oath<\/span> as to whether he has received compensation for work performed in the previous calendar year, to the governing body of the jurisdiction<\/span> which is the source of the pension, or to that body’s designee. 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 only until such time as the person shall be eligible for normal retirement, had he remained uninjured and continued his employment.<\/p>

Nothing contained herein shall limit or restrict the right of any person to receive workers’ compensation benefits under Title 65.2, as amended.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINCOME EARNED DURING DISABILITY RETIREMENT; REDUCTION IN BENEFITS (\u00a7 27-40.4)\n\nIf any person is entitled to and receives pensions and benefits under this\narticle and subsequently becomes employed, whether full-time or part-time, the\npensions and benefits received shall be reduced by the amount of income received\nwhich exceeds the difference between the benefits received under this article\nand the amount of pay to which he would have been entitled had his employment\nprogressed in the same rank and grade with credit for the level of seniority he\nwould have attained had he not been disabled. Such a reduction in benefits shall\ncontinue until the time he becomes eligible for normal retirement, had he\nremained uninjured and continued his employment. For the purposes of this\nsection, “income” means gross income received less deductions for\nsocial security taxes only.\n\nAny person receiving pensions or benefits under the provisions of this article\nshall upon request, on or before May 1 of each year, provide a true and correct\ncopy of all W-2 forms showing income received, or a statement under oath as to\nwhether he has received compensation for work performed in the previous calendar\nyear, to the governing body of the jurisdiction which is the source of the\npension, or to that body’s designee. Refusal to provide such documents\nshall be grounds for termination of benefits under this section, until such\ndocuments are produced. Production of the documents shall be required only until\nsuch time as the person shall be eligible for normal retirement, had he remained\nuninjured and continued his employment.\n\nNothing contained herein shall limit or restrict the right of any person to\nreceive workers’ compensation benefits under Title 65.2, as amended.\n\nHISTORY: 1983, c. 351.","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"}}