CHAPTER 396
An Act to amend and reenact §§ 2.2-804 , 8.01-512.3 , 8.01-515 , 34-3 , 34-29 , and 58.1-105 of the Code of Virginia, relating to wage garnishment; state tax debt.
[H 488]
Approved April 8, 2026
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-804 , 8.01-512.3 , 8.01-515 , 34-3 , 34-29 , and 58.1-105 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-804 . Recovery of certain improper payments to state officers and employees.
A. Any officer or employee of the Commonwealth who obtains any compensation or payment to which the officer or employee is not entitled shall be liable for repayment to the employer. Such recipient officer or employee shall not be liable for repayment if the recipient officer or employee proves by a preponderance of the evidence that the improper payment occurred through no fault of the recipient officer or employee and such officer or employee had no actual knowledge of the error and could not have reasonably detected the error.
B. Any officer or employee of the Commonwealth who authorizes any other officer or employee to obtain any compensation or payment to which the recipient officer or employee is not entitled, where such authorization is made with actual or constructive knowledge that the recipient officer or employee was not entitled to such compensation or payment, shall be liable for repayment to the employer.
C. When a change or error in records results in any officer or employee receiving any compensation or payment to which he is not entitled, upon discovery of the improper payment the employer shall take appropriate action to correct the error as soon as practicable and adjust future payments to the correct compensation or payment amount.
D. If the officer or employee leaves state service, liability is disputed, or recovery cannot otherwise be accomplished, the employer shall request the Attorney General to bring an action for restitution pursuant to this section in accordance with the Virginia Debt Collection Act (§ 2.2-4800 et seq.). Claims under this section may be compromised pursuant to and consistent with § 2.2-514 .