§ 9.1-405 — Appeal from decision of Virginia Retirement System

Virginia § 9.1-405

• Jurisdiction: Virginia
• Title 9.1: Commonwealth Public Safety
• Ch. 4: Line of Duty Act

Text

Any beneficiary, disabled person or eligible spouse or eligible dependent of a deceased or disabled person aggrieved by the decision of VRS may appeal the decision through a process established by VRS. Any such process may utilize a medical board as described in § 51.1-124.23, provided that for any medical review conducted pursuant to the provisions of this chapter, each member of such medical board shall be a licensed health practitioner, as defined in § 9.1-404. An employer may submit information related to the claim and may participate in any informal fact-finding proceeding that is included in such process established by VRS. Upon completion of the appeal process, the final determination issued by VRS shall constitute a case decision as defined in § 2.2-4001. Any beneficiary, disabled person, or eligible spouse or eligible dependent of a deceased or disabled person aggrieved by, and claiming the unlawfulness of, such case decision shall have a right to seek judicial review thereof in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act. The employer shall not have a right to seek such judicial review.

Legislative History

1995, cc. 156, 597, § 2.1-133.10; 1998, c. 712; 2001, c. 844; 2016, c. 677; 2022, c. 484.