51.1-218 - Death before retirement.
§ 51.1-218. 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 sameorder of precedence as set forth in subsection A of § 51.1-162. This amountshall be reduced by the amount of any retirement allowance previouslyreceived by the member under this chapter or the abolished system. Eachmember shall designate who is to receive a refund of accumulatedcontributions credited to his account in the event of the death of the memberprior to retirement. The designation must be made on a form prepared by theBoard, signed by the member, and filed with the Board. The designation may bechanged by the member by the written designation of some other person, signedand filed with 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 same order of precedence as set forth in subsection A of §51.1-162.
B. If a member dies in service and if no benefits are payable undersubsection C, a retirement allowance shall be paid to the person designatedas provided in subsection A of this section if the person is the member's (i)surviving spouse, (ii) minor child, or (iii) parent(s). If no designation hasbeen made, or if the death of the designated person occurs prior to the deathof the member and another designation has not been made, a retirementallowance shall be paid in the same order of precedence as set forth insubsection B of § 51.1-162. The retirement allowance shall be continuedduring the lifetime of the person or in the case of a minor child until thechild dies or attains the age of majority, whichever occurs first. Theretirement allowance shall equal the decreased retirement allowance thatwould have been payable under the joint and survivor option so that the sameamount would be continued to such person after the member's death. If themember dies prior to his fiftieth birthday, then, for purposes of thissubsection, the member shall be presumed to be age fifty on his date ofdeath. When determining the allowance that would have been payable to themember had the member retired on the date of his death, the provisions ofsubsection B of § 51.1-217 shall not apply. If the person elects in writing,the amount of the member's accumulated contributions shall be paid to theperson exclusively, in lieu of any other benefits under this section. Thisamount shall be reduced by the amount of any retirement allowance previouslyreceived by the member.
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 shall be paid to the member's parents, divided in a mannerdetermined by the Board, during the lives of the parents.
The retirement allowance, payable hereunder to a qualifying survivor, shallbe the annual amount which, when added to the compensation payable under theVirginia Workers' Compensation Act for the death of the member, shall equalfifty percent of the member's average final compensation if the survivor doesnot qualify for death benefits under the provisions of the Social SecurityAct in effect on the date of the death of the member. If the survivorqualifies for death benefits under the provisions of the Social Security Actin effect on the date of the death of the member, the allowance payable fromthe Retirement System when added to the compensation payable under theVirginia Workers' Compensation Act shall equal thirty-three and one-thirdpercent of the 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.
(1999, c. 585; 2000, c. 911; 2001, c. 683; 2002, c. 313; 2009, c. 22.)