51.1-162 - Death before retirement.
§ 51.1-162. Death before retirement.
A. If a member dies before retirement, and if no benefits are payable undersubsection B, the amount of his accumulated contributions shall be paid tothe designated beneficiary or to a surviving relative according to the orderof precedence set forth in this section. This amount shall be reduced by theamount of any retirement allowance previously received by the member underthis chapter or the abolished system. Each member shall designate who is toreceive a refund of accumulated contributions credited to his account in theevent of the death of the member prior to retirement. The designation must bemade in a manner prescribed by the Board.
If no designation has been made, or the death of the designated person occursprior to the death of the member and another designation has not been made,the proceeds shall be paid to the persons surviving at the death of themember in the following order of precedence:
First, to the spouse of the member;
Second, if no surviving spouse, to the children of the member and descendantsof deceased children, per stirpes;
Third, if none of the above, to the parents of the member;
Fourth, if none of the above, to the duly appointed executor or administratorof the estate of the member;
Fifth, if none of the above, to other next of kin of the member entitledunder the laws of the domicile of the member at the time of his death.
B. If a member dies in service, including a member who is on leave withoutpay while performing active duty military service in the armed forces of theUnited States, and if no benefits are payable under subsection C of thissection, a retirement allowance shall be paid to the person or personsdesignated as provided in subsection A of this section if the person is themember's (i) surviving spouse, (ii) minor child, or (iii) parent(s). If nodesignation has been made, or if the death of the designated person occursprior to the death of the member and another designation has not been made, aretirement allowance shall be paid in the following order of precedence tothe member's (a) surviving spouse, (b) minor children, or (c) parent(s). Theretirement allowance shall be paid to the first person qualifying in theorders of precedence set out in this subsection. If more than one minor childsurvives the deceased member, the allowance shall be divided among them in amanner determined by the Board. If more than one parent survives the deceasedmember, the allowance shall be divided among them in a manner determined bythe Board. The retirement allowance shall be continued during the lifetime ofthe person or in the case of a minor child until the child dies or attainsthe age of majority, whichever occurs first. The retirement allowance shallequal the decreased retirement allowance that would have been payable underthe joint and survivor option so that the same amount would be continued tosuch person after the member's death. If the member dies prior to hisfifty-fifth birthday, then, for purposes of this subsection, the member shallbe presumed to be age fifty-five on his date of death. When determining theallowance that would have been payable to the member had the member retiredon the date of his death, the provisions of subdivision A 4 of § 51.1-155shall not apply. If the person elects in writing, the amount of the member'saccumulated contributions or lump sum payment shall be paid to himexclusively, in lieu of any other benefits under this section. This amountshall be reduced by the amount of any retirement allowance previouslyreceived by the member under this chapter.
C. If a member dies in service from a cause compensable under the VirginiaWorkers' Compensation Act (§ 65.2-100 et seq.), a retirement allowance shallbe paid to the member's surviving spouse. If no compensation is finallyawarded under the Virginia Workers' Compensation Act due to legal proceedingsor otherwise resulting in settlement from the persons causing such death, theVirginia Workers' Compensation Commission shall determine whether themember's death was from a cause compensable under the Virginia Workers'Compensation Act. If the member leaves no surviving spouse or the survivingspouse dies, any minor children of the deceased member shall be paid anallowance until the children die or attain the age of majority, whicheveroccurs first. If more than one minor child survives the deceased member, theallowance shall be divided in a manner determined by the Board. If thedeceased member leaves neither surviving spouse nor minor child, theallowance, divided in a manner determined by the Board, shall be paid to themember's parents during their lives.
The retirement allowance payable hereunder to a qualifying survivor shall bethe annual amount which when added to the compensation payable under theVirginia Workers' Compensation Act for the death of the member equals fiftypercent of the member's average final compensation if the survivor does notqualify for death benefits under the provisions of the Social Security Act ineffect on the date of the death of the member. If the survivor qualifies fordeath benefits under the provisions of the Social Security Act in effect onthe date of the death of the member, the allowance payable from theretirement system when added to the compensation payable under the VirginiaWorkers' Compensation Act shall equal thirty-three and one-third percent ofthe member's average final compensation.
Any beneficiary entitled to the entire amount of a retirement allowance underthe provisions of this subsection as a result of the death of a member shallbe entitled to waive his rights to the allowance by written notification tothe Board within ninety days after the death of the member in order to makeavailable a retirement allowance under the provisions of subsection B of thissection.
(1960, c. 604, § 51-111.58:1; 1962, c. 438; 1966, c. 174; 1970, c. 476; 1972,c. 568; 1973, c. 523; 1974, c. 353; 1977, c. 620; 1986, c. 474; 1988, cc.531, 540; 1990, c. 832; 1998, c. 407; 1999, cc. 111, 510; 2001, c. 683;2002, c. 313; 2009, cc. 22, 362.)