Virginia HB 593: Law-enforcement officers; pensions and benefits, death before retirement.

Bill Text

2022SESSION
INTRODUCED
22104160D
1 HOUSEBILLNO.593
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact §§ 51.1-207 and 51.1-218 of the Code of Virginia, relating to pensions;
5 law-enforcement officers; death before retirement.
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Patrons––VanValkenburgandSubramanyam
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8 ReferredtoCommitteeonAppropriations
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §§51.1-207 and 51.1-218 of the Code of Virginia are amended and reenacted as follows:
12 §§51.1-207. Death before retirement.
13 A. If a member dies before retirement, and if no benefits are payable under subsection B, the amount
14 of his accumulated contributions shall be paid to the designated beneficiary or to a surviving relative
15 according to the same order of precedence as set forth in subsection A of § 51.1-162. This amount shall
16 be reduced by the amount of any retirement allowance previously received by the member under this
17 chapter or the abolished system. Each member shall designate who is to receive a refund of accumulated
18 contributions credited to his account in the event of the death of the member prior to retirement. The
19 designation must be made on a form prepared by the Board, signed and filed in a manner prescribed by
20 the Board. The designation may be changed by the member by the written designation of some other
21 person, signed and filed in a manner prescribed by the Board.
22 If no designation has been made, or the death of the designated person occurs prior to the death of
23 the member and another designation has not been made, the proceeds shall be paid to the persons
24 surviving at the death of the member in the same order of precedence as set forth in subsection A of
25 §51.1-162.
26 B. To the extent required by § 401(a)(37) of the Internal Revenue Code, as amended or renumbered,
27 and the regulations thereunder applicable to governmental plans, if a member dies in service, including a
28 member performing active duty military service in the armed forces of the United States, and if no
29 benefits are payable under subsection C, a retirement allowance shall be paid to the person designated as
30 provided in subsection A of this section if the person is the member's (i) surviving spouse, (ii) minor
31 child, or (iii) parent(s). If no designation has been made, or if the death of the designated person occurs
32 prior to the death of the member and another designation has not been made, a retirement allowance
33 shall be paid in the same order of precedence as set forth in subsection B of § 51.1-162. The retirement
34 allowance shall be continued during the lifetime of the person or in the case of a minor child until the
35 child dies or attains the age of majority, whichever occurs first. The retirement allowance shall equal the
36 decreased retirement allowance that would have been payable under the joint and survivor option so that
37 the same amount would be continued to such person after the member's death. If the member dies prior
38 to his fiftieth birthday, then, for purposes of this subsection, the member shall be presumed to be age 50
39 on his date of death. When determining the allowance that would have been payable to the member had
40 the member retired on the date of his death, the provisions of subsection B of § 51.1-206 shall not
41 apply, unless the member dies by suicide or is a deceased person, as that term is defined in § 9.1-400,
42 in which event the benefits payable pursuant to subsection B of § 51.1-206 shall continue until the date
43 on which the member would have reached his retirement age, as described in § 51.1-206. If the person
44 elects in writing, the amount of the member's accumulated contributions shall be paid to the person
45 exclusively, in lieu of any other benefits under this section. This amount shall be reduced by the amount
46 of any retirement allowance previously received by the member.
47 C. If a member dies in service from a cause compensable under the Virginia Workers' Compensation
48 Act (§ 65.2-100 et seq.), a retirement allowance shall be paid to the member's surviving spouse. If no
49 compensation is finally awarded under the Virginia Workers' Compensation Act due to legal proceedings
50 or otherwise resulting in settlement from the persons causing such death, the Virginia Workers'
51 Compensation Commission shall determine whether the member's death was from a cause compensable
52 under the Virginia Workers' Compensation Act. If the member leaves no surviving spouse or the
53 surviving spouse dies, any minor children of the deceased member shall be paid an allowance until the
54 children die or attain the age of majority, whichever occurs first. If more than one minor child survives
55 the deceased member, the allowance shall be divided in a manner determined by the Board. If the
56 deceased member leaves neither surviving spouse nor minor child, the allowance, divided in a manner
57 det