Virginia SB 468: Line of Duty Act; death benefit eligibility, Department of Military Affairs employees.

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2018 SESSION

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18100467D

SENATE BILL NO. 468 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact � 9.1-400 of the Code of Virginia, 
 relating to Line of Duty Act; death benefit eligibility; Department of Military 
 Affairs employees. 
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Patrons-- Reeves; Delegate: Bell, John J. 

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Referred to Committee on Finance 

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Be it enacted by the General Assembly of Virginia:

1. That � 9.1-400 of the Code of Virginia is amended and 
 reenacted as follows:

� 9.1-400. Title of chapter; definitions.

A. This chapter shall be known and designated as the Line of 
 Duty Act.

B. As used in this chapter, unless the context requires a 
 different meaning:

"Beneficiary" means the spouse of a deceased person 
 and such persons as are entitled to take under the will of a deceased person if 
 testate, or as his heirs at law if intestate.

"Deceased person" means any individual whose death 
 occurs on or after April 8, 1972, in the line of duty as the direct or 
 proximate result of the performance of his duty, including the presumptions 
 under �� 27-40.1, 27-40.2, 51.1-813, 65.2-402, and 65.2-402.1 if his position 
 is covered by the applicable statute, as a law-enforcement officer of the 
 Commonwealth or any of its political subdivisions; a correctional officer as 
 defined in � 53.1-1; a jail officer; a regional jail or jail farm 
 superintendent; a sheriff, deputy sheriff, or city sergeant or deputy city 
 sergeant of the City of Richmond; a police chaplain; a member of any fire 
 company or department or emergency medical services agency that has been 
 recognized by an ordinance or a resolution of the governing body of any county, 
 city, or town of the Commonwealth as an integral part of the official safety 
 program of such county, city, or town, including a person with a recognized membership 
 status with such fire company or department who is enrolled in a Fire Service 
 Training course offered by the Virginia Department of Fire Programs or any fire 
 company or department training required in pursuit of qualification to become a 
 certified firefighter; a member of any fire company providing fire protection 
 services for facilities of the Virginia National Guard or the Virginia Air 
 National Guard; a member of the Virginia National Guard or the Virginia Defense 
 Force while such member is serving in the Virginia National Guard or the 
 Virginia Defense Force on official state duty or federal duty under Title 32 of 
 the United States Code; any employee of 
 the Department of Military Affairs who is performing official duties of the 
 agency, when those 
 duties are related to a major disaster or emergency, as those terms are defined 
 in � 44-146.16, that has been or is later declared to 
 exist