{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-162.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-162.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-162.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-162.html"}],"law_id":68148,"edition_id":1,"section_id":68148,"structure_id":14048,"section_number":"51.1-162","catch_line":"Death before retirement","history":"1960, c. 604, \u00a7 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; 2011, c. 880; 2014, c. 356; 2015, c. 660.","full_text":"A\n\nIf a member dies before retirement, and if no benefits are payable under subsection B, the amount of his accumulated contributions shall be paid to the designated beneficiary or to a surviving relative according to the order of precedence set forth in this section. This amount shall be reduced by the amount of any retirement allowance previously received by the member under this chapter or the abolished system. Each member shall designate who is to receive a refund of accumulated contributions credited to his account in the event of the death of the member prior to retirement. The designation must be made in a manner prescribed by the Board.\n\t\t\tIf no designation has been made, or the death of the designated person occurs prior 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 the member in the following order of precedence:\n\t\t\tFirst, to the spouse of the member;\n\t\t\tSecond, if no surviving spouse, to the children of the member and descendants of deceased children, per stirpes;\n\t\t\tThird, if none of the above, to the parents of the member;\n\t\t\tFourth, if none of the above, to the duly appointed executor or administrator of the estate of the member;\n\t\t\tFifth, if none of the above, to other next of kin of the member entitled under the laws of the domicile of the member at the time of his death.B\n\nTo the extent required by § 401(a)(37) of the Internal Revenue Code, as amended or renumbered, and the regulations thereunder applicable to governmental plans, if a member dies in service, including a member performing active duty military service in the armed forces of the United States, and if no benefits are payable under subsection C of this section, a retirement allowance shall be paid to the person or persons designated as 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 has been made, or if the death of the designated person occurs prior to the death of the member and another designation has not been made, a retirement allowance shall be paid in the following order of precedence to the member’s (a) surviving spouse, (b) minor children, or (c) parent(s). The retirement allowance shall be paid to the first person qualifying in the orders of precedence set out in this subsection. If more than one minor child survives the deceased member, the allowance shall be divided among them in a manner determined by the Board. If more than one parent survives the deceased member, the allowance shall be divided among them in a manner determined by the Board. The retirement allowance shall be continued during the lifetime of the person or in the case of a minor child until the child dies or attains the age of majority, whichever occurs first. The retirement allowance shall equal the decreased retirement allowance that would have been payable under the joint and survivor option so that the same amount would be continued to such person after the member’s death. If the member dies prior to his fifty-fifth birthday, then, for purposes of this subsection, the member shall be presumed to be age 55 on his date of death. However, if the member dies in service prior to his sixtieth birthday and is (1) a person who becomes a member on or after July 1, 2010, (2) a member who does not have at least 60 months of creditable service as of January 1, 2013, or (3) a member of the hybrid retirement program described in § 51.1-169, then, for purposes of this subsection, the member shall be presumed to be age 60 on his date of death. When determining the allowance that would have been payable to the member had the member retired on the date of his death, the provisions of subdivision A 4 of § 51.1-155 shall not apply. If the person elects in writing, the amount of the member’s accumulated contributions or lump sum payment shall be paid to him exclusively, in lieu of any other benefits under this section. This amount shall be reduced by the amount of any retirement allowance previously received by the member under this chapter.C\n\nIf a member dies in service from a cause compensable under the Virginia Workers’ Compensation Act (§ 65.2-100 et seq.), a retirement allowance shall be paid to the member’s surviving spouse. If no compensation is finally awarded under the Virginia Workers’ Compensation Act due to legal proceedings or otherwise resulting in settlement from the persons causing such death, the Virginia Workers’ Compensation Commission shall determine whether the member’s death was from a cause compensable under the Virginia Workers’ Compensation Act. If the member leaves no surviving spouse or the surviving spouse dies, any minor children of the deceased member shall be paid an allowance until the children die or attain the age of majority, whichever occurs first. If more than one minor child survives the deceased member, the allowance shall be divided in a manner determined by the Board. If the deceased member leaves neither surviving spouse nor minor child, the allowance, divided in a manner determined by the Board, shall be paid to the member’s parents during their lives.\n\t\t\tThe retirement allowance payable hereunder to a qualifying survivor shall be the annual amount which when added to the compensation payable under the Virginia Workers’ Compensation Act for the death of the member equals 50 percent of the member’s average final compensation if the survivor does not qualify for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member. If the survivor qualifies for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member, the allowance payable from the retirement system when added to the compensation payable under the Virginia Workers’ Compensation Act shall equal thirty-three and one-third percent of the member’s average final compensation.\n\t\t\tAny beneficiary entitled to the entire amount of a retirement allowance under the provisions of this subsection as a result of the death of a member shall be entitled to waive his rights to the allowance by written notification to the Board within ninety days after the death of the member in order to make available a retirement allowance under the provisions of subsection B of this section.","order_by":null,"text":{"0":{"id":246686,"text":"If a member dies before retirement, and if no benefits are payable under subsection B, the amount of his accumulated contributions shall be paid to the designated beneficiary or to a surviving relative according to the order of precedence set forth in this section. This amount shall be reduced by the amount of any retirement allowance previously received by the member under this chapter or the abolished system. Each member shall designate who is to receive a refund of accumulated contributions credited to his account in the event of the death of the member prior to retirement. The designation must be made in a manner prescribed by the Board.\n\t\t\tIf no designation has been made, or the death of the designated person occurs prior 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 the member in the following order of precedence:\n\t\t\tFirst, to the spouse of the member;\n\t\t\tSecond, if no surviving spouse, to the children of the member and descendants of deceased children, per stirpes;\n\t\t\tThird, if none of the above, to the parents of the member;\n\t\t\tFourth, if none of the above, to the duly appointed executor or administrator of the estate of the member;\n\t\t\tFifth, if none of the above, to other next of kin of the member entitled under the laws of the domicile of the member at the time of his death.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246687,"text":"To the extent required by § 401(a)(37) of the Internal Revenue Code, as amended or renumbered, and the regulations thereunder applicable to governmental plans, if a member dies in service, including a member performing active duty military service in the armed forces of the United States, and if no benefits are payable under subsection C of this section, a retirement allowance shall be paid to the person or persons designated as 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 has been made, or if the death of the designated person occurs prior to the death of the member and another designation has not been made, a retirement allowance shall be paid in the following order of precedence to the member’s (a) surviving spouse, (b) minor children, or (c) parent(s). The retirement allowance shall be paid to the first person qualifying in the orders of precedence set out in this subsection. If more than one minor child survives the deceased member, the allowance shall be divided among them in a manner determined by the Board. If more than one parent survives the deceased member, the allowance shall be divided among them in a manner determined by the Board. The retirement allowance shall be continued during the lifetime of the person or in the case of a minor child until the child dies or attains the age of majority, whichever occurs first. The retirement allowance shall equal the decreased retirement allowance that would have been payable under the joint and survivor option so that the same amount would be continued to such person after the member’s death. If the member dies prior to his fifty-fifth birthday, then, for purposes of this subsection, the member shall be presumed to be age 55 on his date of death. However, if the member dies in service prior to his sixtieth birthday and is (1) a person who becomes a member on or after July 1, 2010, (2) a member who does not have at least 60 months of creditable service as of January 1, 2013, or (3) a member of the hybrid retirement program described in § 51.1-169, then, for purposes of this subsection, the member shall be presumed to be age 60 on his date of death. When determining the allowance that would have been payable to the member had the member retired on the date of his death, the provisions of subdivision A 4 of § 51.1-155 shall not apply. If the person elects in writing, the amount of the member’s accumulated contributions or lump sum payment shall be paid to him exclusively, in lieu of any other benefits under this section. This amount shall be reduced by the amount of any retirement allowance previously received by the member under this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246688,"text":"If a member dies in service from a cause compensable under the Virginia Workers’ Compensation Act (§ 65.2-100 et seq.), a retirement allowance shall be paid to the member’s surviving spouse. If no compensation is finally awarded under the Virginia Workers’ Compensation Act due to legal proceedings or otherwise resulting in settlement from the persons causing such death, the Virginia Workers’ Compensation Commission shall determine whether the member’s death was from a cause compensable under the Virginia Workers’ Compensation Act. If the member leaves no surviving spouse or the surviving spouse dies, any minor children of the deceased member shall be paid an allowance until the children die or attain the age of majority, whichever occurs first. If more than one minor child survives the deceased member, the allowance shall be divided in a manner determined by the Board. If the deceased member leaves neither surviving spouse nor minor child, the allowance, divided in a manner determined by the Board, shall be paid to the member’s parents during their lives.\n\t\t\tThe retirement allowance payable hereunder to a qualifying survivor shall be the annual amount which when added to the compensation payable under the Virginia Workers’ Compensation Act for the death of the member equals 50 percent of the member’s average final compensation if the survivor does not qualify for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member. If the survivor qualifies for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member, the allowance payable from the retirement system when added to the compensation payable under the Virginia Workers’ Compensation Act shall equal thirty-three and one-third percent of the member’s average final compensation.\n\t\t\tAny beneficiary entitled to the entire amount of a retirement allowance under the provisions of this subsection as a result of the death of a member shall be entitled to waive his rights to the allowance by written notification to the Board within ninety days after the death of the member in order to make available a retirement allowance under the provisions of subsection B of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14048,"edition_id":1,"name":"Benefits","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":13056,"metadata":{},"date_created":"2026-06-26 03:46:41","date_modified":"2026-06-26 03:46:41","permalink":{"id":235355,"object_type":"structure","relational_id":14048,"identifier":"9","token":"51.1\/1\/9","url":"\/51.1\/1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13056,"edition_id":1,"name":"Virginia Retirement System","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":235031,"object_type":"structure","relational_id":13056,"identifier":"1","token":"51.1\/1","url":"\/51.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59629,"structure_id":14048,"section_number":"51.1-152","catch_line":"Limitations on average final compensation","url":"\/51.1-152\/","token":"51.1\/1\/9\/51.1-152","metadata":false},{"id":85181,"structure_id":14048,"section_number":"51.1-153","catch_line":"Service retirement","url":"\/51.1-153\/","token":"51.1\/1\/9\/51.1-153","metadata":false},{"id":79471,"structure_id":14048,"section_number":"51.1-154","catch_line":"Compulsory service retirement","url":"\/51.1-154\/","token":"51.1\/1\/9\/51.1-154","metadata":false},{"id":72358,"structure_id":14048,"section_number":"51.1-155","catch_line":"Service retirement allowance","url":"\/51.1-155\/","token":"51.1\/1\/9\/51.1-155","metadata":false},{"id":61992,"structure_id":14048,"section_number":"51.1-155.1","catch_line":"Exceptions from general early retirement provisions for certain state employees and constitutional officers","url":"\/51.1-155.1\/","token":"51.1\/1\/9\/51.1-155.1","metadata":false},{"id":68249,"structure_id":14048,"section_number":"51.1-155.2","catch_line":"Exceptions from general early retirement provisions for certain local government officials","url":"\/51.1-155.2\/","token":"51.1\/1\/9\/51.1-155.2","metadata":false},{"id":55144,"structure_id":14048,"section_number":"51.1-156","catch_line":"Disability retirement","url":"\/51.1-156\/","token":"51.1\/1\/9\/51.1-156","metadata":false},{"id":72932,"structure_id":14048,"section_number":"51.1-157","catch_line":"Disability retirement allowance","url":"\/51.1-157\/","token":"51.1\/1\/9\/51.1-157","metadata":false},{"id":71977,"structure_id":14048,"section_number":"51.1-158","catch_line":"Reduction of benefits for acceptance of lump-sum settlement under Workers' Compensation Act","url":"\/51.1-158\/","token":"51.1\/1\/9\/51.1-158","metadata":false},{"id":87471,"structure_id":14048,"section_number":"51.1-159","catch_line":"Medical examinations of persons retired for disability","url":"\/51.1-159\/","token":"51.1\/1\/9\/51.1-159","metadata":false},{"id":79621,"structure_id":14048,"section_number":"51.1-160","catch_line":"Cessation of disability retirement allowance","url":"\/51.1-160\/","token":"51.1\/1\/9\/51.1-160","metadata":false},{"id":65950,"structure_id":14048,"section_number":"51.1-161","catch_line":"Withdrawal of contributions before retirement","url":"\/51.1-161\/","token":"51.1\/1\/9\/51.1-161","metadata":false},{"id":68148,"structure_id":14048,"section_number":"51.1-162","catch_line":"Death before retirement","url":"\/51.1-162\/","token":"51.1\/1\/9\/51.1-162","metadata":false},{"id":64427,"structure_id":14048,"section_number":"51.1-163","catch_line":"Death after retirement","url":"\/51.1-163\/","token":"51.1\/1\/9\/51.1-163","metadata":false},{"id":63014,"structure_id":14048,"section_number":"51.1-164","catch_line":"Repealed","url":"\/51.1-164\/","token":"51.1\/1\/9\/51.1-164","metadata":false},{"id":71831,"structure_id":14048,"section_number":"51.1-165","catch_line":"Optional benefits","url":"\/51.1-165\/","token":"51.1\/1\/9\/51.1-165","metadata":false},{"id":82994,"structure_id":14048,"section_number":"51.1-165.01","catch_line":"Partial lump-sum option for payment of retirement allowance","url":"\/51.1-165.01\/","token":"51.1\/1\/9\/51.1-165.01","metadata":false},{"id":66610,"structure_id":14048,"section_number":"51.1-165.1","catch_line":"Acknowledgment by spouse of member","url":"\/51.1-165.1\/","token":"51.1\/1\/9\/51.1-165.1","metadata":false},{"id":83485,"structure_id":14048,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","url":"\/51.1-166\/","token":"51.1\/1\/9\/51.1-166","metadata":false},{"id":58384,"structure_id":14048,"section_number":"51.1-167","catch_line":"Retirement allowance to be reduced in certain cases","url":"\/51.1-167\/","token":"51.1\/1\/9\/51.1-167","metadata":false},{"id":57811,"structure_id":14048,"section_number":"51.1-168","catch_line":"Limits on creditable compensation; maximum benefits; mandatory payment of allowance","url":"\/51.1-168\/","token":"51.1\/1\/9\/51.1-168","metadata":false},{"id":83100,"structure_id":14048,"section_number":"51.1-169","catch_line":"Hybrid retirement program","url":"\/51.1-169\/","token":"51.1\/1\/9\/51.1-169","metadata":false}],"previous_section":{"id":65950,"structure_id":14048,"section_number":"51.1-161","catch_line":"Withdrawal of contributions before retirement","url":"\/51.1-161\/","token":"51.1\/1\/9\/51.1-161","metadata":false},"next_section":{"id":64427,"structure_id":14048,"section_number":"51.1-163","catch_line":"Death after retirement","url":"\/51.1-163\/","token":"51.1\/1\/9\/51.1-163","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-162\/","history_text":"

This law was first created in 1960. The record of its establishment is cataloged in chapter 604 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1960 \u201cActs\u201d aren\u2019t available online. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 438; in 1966, chapter 174; in 1970, chapter 476; in 1972, chapter 568; in 1973, chapter 523; in 1974, chapter 353; in 1977, chapter 620; in 1986, chapter 474; in 1988, chapters 531 and 540; in 1990, chapter 832; in 1998, chapter 407<\/a>; in 1999, chapters 111<\/a> and 510<\/a>; in 2001, chapter 683<\/a>; in 2002, chapter 313<\/a>; in 2009, chapters 22<\/a> and 362<\/a>; in 2011, chapter 880<\/a>; in 2014, chapter 356<\/a>; in 2015, chapter 660<\/a>.<\/p>","references":[{"id":68374,"section_number":"51.1-1118","catch_line":"Survivor benefits","order_by":null,"url":"\/51.1-1118\/"},{"id":79872,"section_number":"51.1-1129","catch_line":"Survivor benefits","order_by":null,"url":"\/51.1-1129\/"},{"id":64427,"section_number":"51.1-163","catch_line":"Death after retirement","order_by":null,"url":"\/51.1-163\/"},{"id":71831,"section_number":"51.1-165","catch_line":"Optional benefits","order_by":null,"url":"\/51.1-165\/"},{"id":83485,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","order_by":null,"url":"\/51.1-166\/"},{"id":56425,"section_number":"51.1-207","catch_line":"Death before retirement","order_by":null,"url":"\/51.1-207\/"},{"id":54046,"section_number":"51.1-218","catch_line":"Death before retirement","order_by":null,"url":"\/51.1-218\/"},{"id":78151,"section_number":"51.1-511","catch_line":"Persons entitled to payment of insurance on employee's death","order_by":null,"url":"\/51.1-511\/"}],"refers_to":[{"id":72358,"section_number":"51.1-155","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-155\/"},{"id":83100,"section_number":"51.1-169","catch_line":"Hybrid retirement program","order_by":null,"url":"\/51.1-169\/"},{"id":67999,"section_number":"65.2-100","catch_line":"Short title","order_by":null,"url":"\/65.2-100\/"}],"permalink":{"id":235405,"object_type":"law","relational_id":68148,"identifier":"51.1-162","token":"51.1\/1\/9\/51.1-162","url":"\/51.1-162\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-162\/","token":"51.1\/1\/9\/51.1-162","dublin_core":{"Title":"Death before retirement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-162","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a member<\/span> dies before retirement, and if no benefits are payable under subsection B, the amount of his accumulated contributions<\/span> shall be paid to the designated beneficiary<\/span> or to a surviving relative according to the order<\/span> of precedence set forth in this section. This amount shall be reduced by the amount of any retirement allowance<\/span> previously received by the member<\/span> under this chapter or the abolished system<\/span>. Each member<\/span> shall designate who is to receive a refund of accumulated contributions<\/span> credited to his account in the event of the death of the member<\/span> prior to retirement. The designation must be made in a manner prescribed by the Board<\/span>.\n\t\t\tIf no designation has been made, or the death of the designated person occurs prior to the death of the member<\/span> and another designation has not been made, the proceeds shall be paid to the persons surviving at the death of the member<\/span> in the following order<\/span> of precedence:\n\t\t\tFirst, to the spouse of the member<\/span>;\n\t\t\tSecond, if no surviving spouse, to the children of the member<\/span> and descendants of deceased children, per stirpes;\n\t\t\tThird, if none of the above, to the parents of the member<\/span>;\n\t\t\tFourth, if none of the above, to the duly appointed executor or administrator of the estate of the member<\/span>;\n\t\t\tFifth, if none of the above, to other next of kin of the member<\/span> entitled under the laws<\/span> of the domicile of the member<\/span> at the time of his death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To the extent required by § 401(a)(37) of the Internal Revenue Code, as amended or renumbered, and the regulations thereunder applicable to governmental plans, if a member<\/span> dies in service, including a member<\/span> performing active duty military service in the armed forces of the United States, and if no benefits are payable under subsection C of this section, a retirement allowance<\/span> shall be paid to the person or persons designated as provided in subsection A of this section if the person is the member<\/span>’s (i) surviving spouse, (ii) minor<\/span> child, or (iii) parent(s). If no designation has been made, or if the death of the designated person occurs prior to the death of the member<\/span> and another designation has not been made, a retirement allowance<\/span> shall be paid in the following order<\/span> of precedence to the member<\/span>’s (a) surviving spouse, (b) minor<\/span> children, or (c) parent(s). The retirement allowance<\/span> shall be paid to the first person qualifying in the orders<\/span> of precedence set out in this subsection. If more than one minor<\/span> child survives the deceased member<\/span>, the allowance shall be divided among them in a manner determined by the Board<\/span>. If more than one parent survives the deceased member<\/span>, the allowance shall be divided among them in a manner determined by the Board<\/span>. The retirement allowance<\/span> shall be continued during the lifetime of the person or in the case of a minor<\/span> child until the child dies or attains the age of majority, whichever occurs first. The retirement allowance<\/span> shall equal the decreased retirement allowance<\/span> that would have been payable under the joint and survivor option so that the same amount would be continued to such person after the member<\/span>’s death. If the member<\/span> dies prior to his fifty-fifth birthday, then, for purposes of this subsection, the member<\/span> shall be presumed to be age 55 on his date of death. However, if the member<\/span> dies in service prior to his sixtieth birthday and is (1) a person who becomes a member<\/span> on or after July 1, 2010, (2) a member<\/span> who does not have at least 60 months of creditable service<\/span> as of January 1, 2013, or (3) a member<\/span> of the hybrid retirement program described in § 51.1-169<\/a>, then, for purposes of this subsection, the member<\/span> shall be presumed to be age 60 on his date of death. When determining the allowance that would have been payable to the member<\/span> had the member<\/span> retired on the date of his death, the provisions of subdivision A 4 of § 51.1-155<\/a> shall not apply. If the person elects in writing, the amount of the member<\/span>’s accumulated contributions<\/span> or lump sum payment shall be paid to him exclusively, in lieu of any other benefits under this section. This amount shall be reduced by the amount of any retirement allowance<\/span> previously received by the member<\/span> under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a member<\/span> dies in service from a cause compensable under the Virginia Workers’ Compensation Act (§ 65.2-100<\/a> et seq.), a retirement allowance<\/span> shall be paid to the member<\/span>’s surviving spouse. If no compensation is finally awarded under the Virginia Workers’ Compensation Act due to legal proceedings or otherwise resulting in settlement<\/span> from the persons causing such death, the Virginia Workers’ Compensation Commission shall determine whether the member<\/span>’s death was from a cause compensable under the Virginia Workers’ Compensation Act. If the member<\/span> leaves no surviving spouse or the surviving spouse dies, any minor<\/span> children of the deceased member<\/span> shall be paid an allowance until the children die or attain the age of majority, whichever occurs first. If more than one minor<\/span> child survives the deceased member<\/span>, the allowance shall be divided in a manner determined by the Board<\/span>. If the deceased member<\/span> leaves neither surviving spouse nor minor<\/span> child, the allowance, divided in a manner determined by the Board<\/span>, shall be paid to the member<\/span>’s parents during their lives.\n\t\t\tThe retirement allowance<\/span> payable hereunder to a qualifying survivor shall be the annual amount which when added to the compensation payable under the Virginia Workers’ Compensation Act for the death of the member<\/span> equals 50 percent of the member<\/span>’s average final compensation<\/span> if the survivor does not qualify for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member<\/span>. If the survivor qualifies for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member<\/span>, the allowance payable from the retirement system<\/span> when added to the compensation payable under the Virginia Workers’ Compensation Act shall equal thirty-three and one-third percent of the member<\/span>’s average final compensation<\/span>.\n\t\t\tAny beneficiary<\/span> entitled to the entire amount of a retirement allowance<\/span> under the provisions of this subsection as a result of the death of a member<\/span> shall be entitled to waive<\/span> his rights to the allowance by written notification to the Board<\/span> within ninety days after the death of the member<\/span> in order<\/span> to make available a retirement allowance<\/span> under the provisions of subsection B of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEATH BEFORE RETIREMENT (\u00a7 51.1-162)\n\nA. If a member dies before retirement, and if no benefits are payable under\nsubsection B, the amount of his accumulated contributions shall be paid to the\ndesignated beneficiary or to a surviving relative according to the order of\nprecedence set forth in this section. This amount shall be reduced by the amount\nof any retirement allowance previously received by the member under this chapter\nor the abolished system. Each member shall designate who is to receive a refund\nof accumulated contributions credited to his account in the event of the death\nof the member prior to retirement. The designation must be made in a manner\nprescribed by the Board.\n\t\t\tIf no designation has been made, or the death of the designated person occurs\nprior to the death of the member and another designation has not been made, the\nproceeds shall be paid to the persons surviving at the death of the member in\nthe following order of precedence:\n\t\t\tFirst, to the spouse of the member;\n\t\t\tSecond, if no surviving spouse, to the children of the member and descendants\nof deceased children, per stirpes;\n\t\t\tThird, if none of the above, to the parents of the member;\n\t\t\tFourth, if none of the above, to the duly appointed executor or administrator\nof the estate of the member;\n\t\t\tFifth, if none of the above, to other next of kin of the member entitled\nunder the laws of the domicile of the member at the time of his death.\n\nB. To the extent required by § 401(a)(37) of the Internal Revenue Code, as\namended or renumbered, and the regulations thereunder applicable to governmental\nplans, if a member dies in service, including a member performing active duty\nmilitary service in the armed forces of the United States, and if no benefits\nare payable under subsection C of this section, a retirement allowance shall be\npaid to the person or persons designated as provided in subsection A of this\nsection if the person is the member’s (i) surviving spouse, (ii) minor\nchild, or (iii) parent(s). If no designation has been made, or if the death of\nthe designated person occurs prior to the death of the member and another\ndesignation has not been made, a retirement allowance shall be paid in the\nfollowing order of precedence to the member’s (a) surviving spouse, (b)\nminor children, or (c) parent(s). The retirement allowance shall be paid to the\nfirst person qualifying in the orders of precedence set out in this subsection.\nIf more than one minor child survives the deceased member, the allowance shall\nbe divided among them in a manner determined by the Board. If more than one\nparent survives the deceased member, the allowance shall be divided among them\nin a manner determined by the Board. The retirement allowance shall be continued\nduring the lifetime of the person or in the case of a minor child until the\nchild dies or attains the age of majority, whichever occurs first. The\nretirement allowance shall equal the decreased retirement allowance that would\nhave been payable under the joint and survivor option so that the same amount\nwould be continued to such person after the member’s death. If the member\ndies prior to his fifty-fifth birthday, then, for purposes of this subsection,\nthe member shall be presumed to be age 55 on his date of death. However, if the\nmember dies in service prior to his sixtieth birthday and is (1) a person who\nbecomes a member on or after July 1, 2010, (2) a member who does not have at\nleast 60 months of creditable service as of January 1, 2013, or (3) a member of\nthe hybrid retirement program described in § 51.1-169, then, for purposes\nof this subsection, the member shall be presumed to be age 60 on his date of\ndeath. When determining the allowance that would have been payable to the member\nhad the member retired on the date of his death, the provisions of subdivision A\n4 of § 51.1-155 shall not apply. If the person elects in writing, the\namount of the member’s accumulated contributions or lump sum payment shall\nbe paid to him exclusively, in lieu of any other benefits under this section.\nThis amount shall be reduced by the amount of any retirement allowance\npreviously received by the member under this chapter.\n\nC. If a member dies in service from a cause compensable under the Virginia\nWorkers’ Compensation Act (§ 65.2-100 et seq.), a retirement\nallowance shall be paid to the member’s surviving spouse. If no\ncompensation is finally awarded under the Virginia Workers’ Compensation\nAct due to legal proceedings or otherwise resulting in settlement from the\npersons causing such death, the Virginia Workers’ Compensation Commission\nshall determine whether the member’s death was from a cause compensable\nunder the Virginia Workers’ Compensation Act. If the member leaves no\nsurviving spouse or the surviving spouse dies, any minor children of the\ndeceased member shall be paid an allowance until the children die or attain the\nage of majority, whichever occurs first. If more than one minor child survives\nthe deceased member, the allowance shall be divided in a manner determined by\nthe Board. If the deceased member leaves neither surviving spouse nor minor\nchild, the allowance, divided in a manner determined by the Board, shall be paid\nto the member’s parents during their lives.\n\t\t\tThe retirement allowance payable hereunder to a qualifying survivor shall be\nthe annual amount which when added to the compensation payable under the\nVirginia Workers’ Compensation Act for the death of the member equals 50\npercent of the member’s average final compensation if the survivor does\nnot qualify for death benefits under the provisions of the Social Security Act\nin effect on the date of the death of the member. If the survivor qualifies for\ndeath benefits under the provisions of the Social Security Act in effect on the\ndate of the death of the member, the allowance payable from the retirement\nsystem when added to the compensation payable under the Virginia Workers’\nCompensation Act shall equal thirty-three and one-third percent of the\nmember’s average final compensation.\n\t\t\tAny beneficiary entitled to the entire amount of a retirement allowance under\nthe provisions of this subsection as a result of the death of a member shall be\nentitled to waive his rights to the allowance by written notification to the\nBoard within ninety days after the death of the member in order to make\navailable a retirement allowance under the provisions of subsection B of this\nsection.\n\nHISTORY: 1960, c. 604, \u00a7 51-111.58:1; 1962, c. 438; 1966, c. 174; 1970, c. 476;\n1972, c. 568; 1973, c. 523; 1974, c. 353; 1977, c. 620; 1986, c. 474; 1988, cc.\n531, 540; 1990, c. 832; 1998, c. 407; 1999, cc. 111, 510; 2001, c. 683; 2002, c.\n313; 2009, cc. 22, 362; 2011, c. 880; 2014, c. 356; 2015, c. 660.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}