Code of Virginia § 9.1-405. Appeal from decision of Virginia Retirement System.
213 words·~1 min read·
/va/title-9-1/chapter-4/9-1-405A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
1995, cc. 156 , 597 , § 2 .1-133.10; 1998, c. 712 ; 2001, c. 844 ; 2016, c. 677 ; 2022, c. 484 .