{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-207.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-207.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-207.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-207.html"}],"law_id":56425,"edition_id":1,"section_id":56425,"structure_id":13260,"section_number":"51.1-207","catch_line":"Death before retirement","history":"Code 1950, \u00a7\u00a7 51-136.1, 51-156; 1954, c. 139; 1958, c. 624; 1966, c. 628; 1970, c. 657; 1972, c. 568; 1973, c. 523; 1974, c. 353; 1976, c. 654; 1986, c. 474; 1988, cc. 531, 540; 1989, c. 484; 1990, c. 832; 1998, c. 407; 1999, cc. 111, 510; 2001, c. 683; 2002, c. 313; 2009, c. 22; 2012, c. 696; 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 same order of precedence as set forth in subsection A of § 51.1-162. 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 on a form prepared by the Board, signed and filed in a manner prescribed by the Board. The designation may be changed by the member by the written designation of some other person, signed and filed 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 same order of precedence as set forth in subsection A of § 51.1-162.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, a retirement allowance shall be paid to the person 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 same order of precedence as set forth in subsection B of § 51.1-162. 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 fiftieth birthday, then, for purposes of this subsection, the member shall be presumed to be age 50 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 subsection B of § 51.1-206 shall not apply. If the person elects in writing, the amount of the member’s accumulated contributions shall be paid to the person 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.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, shall equal 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 90 days after the death of the member in order to make available a retirement allowance under the provisions of subsection B.","order_by":null,"text":{"0":{"id":206599,"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 same order of precedence as set forth in subsection A of § 51.1-162. 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 on a form prepared by the Board, signed and filed in a manner prescribed by the Board. The designation may be changed by the member by the written designation of some other person, signed and filed 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 same order of precedence as set forth in subsection A of § 51.1-162.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206600,"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, a retirement allowance shall be paid to the person 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 same order of precedence as set forth in subsection B of § 51.1-162. 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 fiftieth birthday, then, for purposes of this subsection, the member shall be presumed to be age 50 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 subsection B of § 51.1-206 shall not apply. If the person elects in writing, the amount of the member’s accumulated contributions shall be paid to the person 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206601,"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, shall equal 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 90 days after the death of the member in order to make available a retirement allowance under the provisions of subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13260,"edition_id":1,"name":"State Police Officers' Retirement System","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:32","date_modified":"2026-06-26 03:44:32","permalink":{"id":235905,"object_type":"structure","relational_id":13260,"identifier":"2","token":"51.1\/2","url":"\/51.1\/2\/","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":54259,"structure_id":13260,"section_number":"51.1-200","catch_line":"State Police Officers' Retirement System continued; administration; application of provisions of Virginia Retirement System","url":"\/51.1-200\/","token":"51.1\/2\/51.1-200","metadata":false},{"id":54544,"structure_id":13260,"section_number":"51.1-201","catch_line":"Definitions","url":"\/51.1-201\/","token":"51.1\/2\/51.1-201","metadata":false},{"id":74405,"structure_id":13260,"section_number":"51.1-202","catch_line":"Membership in retirement system","url":"\/51.1-202\/","token":"51.1\/2\/51.1-202","metadata":false},{"id":75132,"structure_id":13260,"section_number":"51.1-203","catch_line":"Creditable service","url":"\/51.1-203\/","token":"51.1\/2\/51.1-203","metadata":false},{"id":83295,"structure_id":13260,"section_number":"51.1-204","catch_line":"Contributions by Commonwealth","url":"\/51.1-204\/","token":"51.1\/2\/51.1-204","metadata":false},{"id":69138,"structure_id":13260,"section_number":"51.1-205","catch_line":"Service retirement generally","url":"\/51.1-205\/","token":"51.1\/2\/51.1-205","metadata":false},{"id":56709,"structure_id":13260,"section_number":"51.1-206","catch_line":"Service retirement allowance","url":"\/51.1-206\/","token":"51.1\/2\/51.1-206","metadata":false},{"id":56425,"structure_id":13260,"section_number":"51.1-207","catch_line":"Death before retirement","url":"\/51.1-207\/","token":"51.1\/2\/51.1-207","metadata":false},{"id":69861,"structure_id":13260,"section_number":"51.1-208","catch_line":"Post-retirement supplements","url":"\/51.1-208\/","token":"51.1\/2\/51.1-208","metadata":false},{"id":67495,"structure_id":13260,"section_number":"51.1-209","catch_line":"Disability as the result of felonious misconduct of another","url":"\/51.1-209\/","token":"51.1\/2\/51.1-209","metadata":false},{"id":63242,"structure_id":13260,"section_number":"51.1-210","catch_line":"Disability benefit","url":"\/51.1-210\/","token":"51.1\/2\/51.1-210","metadata":false}],"previous_section":{"id":56709,"structure_id":13260,"section_number":"51.1-206","catch_line":"Service retirement allowance","url":"\/51.1-206\/","token":"51.1\/2\/51.1-206","metadata":false},"next_section":{"id":69861,"structure_id":13260,"section_number":"51.1-208","catch_line":"Post-retirement supplements","url":"\/51.1-208\/","token":"51.1\/2\/51.1-208","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-207\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 19 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 1954, chapter 139; in 1958, chapter 624; in 1966, chapter 628; in 1970, chapter 657; in 1972, chapter 568; in 1973, chapter 523; in 1974, chapter 353; in 1976, chapter 654; in 1986, chapter 474; in 1988, chapters 531 and 540; in 1989, chapter 484; 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, chapter 22<\/a>; in 2012, chapter 696<\/a>; in 2015, chapter 660<\/a>.<\/p>","references":[{"id":64427,"section_number":"51.1-163","catch_line":"Death after retirement","order_by":null,"url":"\/51.1-163\/"},{"id":83485,"section_number":"51.1-166","catch_line":"Post-retirement supplements generally","order_by":null,"url":"\/51.1-166\/"}],"refers_to":[{"id":68148,"section_number":"51.1-162","catch_line":"Death before retirement","order_by":null,"url":"\/51.1-162\/"},{"id":56709,"section_number":"51.1-206","catch_line":"Service retirement allowance","order_by":null,"url":"\/51.1-206\/"},{"id":67999,"section_number":"65.2-100","catch_line":"Short title","order_by":null,"url":"\/65.2-100\/"}],"permalink":{"id":235935,"object_type":"law","relational_id":56425,"identifier":"51.1-207","token":"51.1\/2\/51.1-207","url":"\/51.1-207\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-207\/","token":"51.1\/2\/51.1-207","dublin_core":{"Title":"Death before retirement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-207","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 shall be paid to the designated beneficiary or to a surviving relative according to the same order<\/span> of precedence as set forth in subsection A of § 51.1-162<\/a>. This amount shall be reduced by the amount of any retirement allowance previously received by the member<\/span> under this chapter or the abolished system. Each member<\/span> shall designate who is to receive a refund of accumulated contributions credited to his account in the event of the death of the member<\/span> prior to retirement. The designation must be made on a form prepared by the Board, signed and filed in a manner prescribed by the Board. The designation may be changed by the member<\/span> by the written designation of some other person, signed and filed 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<\/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 same order<\/span> of precedence as set forth in subsection A of § 51.1-162<\/a>. <\/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, a retirement allowance shall be paid to the person 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 shall be paid in the same order<\/span> of precedence as set forth in subsection B of § 51.1-162<\/a>. The retirement allowance 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 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<\/span>’s death. If the member<\/span> dies prior to his fiftieth birthday, then, for purposes of this subsection, the member<\/span> shall be presumed to be age 50 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 subsection B of § 51.1-206<\/a> shall not apply. If the person elects in writing, the amount of the member<\/span>’s accumulated contributions shall be paid to the person 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<\/span>. <\/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 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. If the deceased member<\/span> leaves neither surviving spouse nor minor<\/span> child, the allowance, divided in a manner determined by the Board, shall be paid to the member<\/span>’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<\/span>, shall equal 50 percent of the member<\/span>’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<\/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.\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<\/span> shall be entitled to waive<\/span> his rights to the allowance by written notification to the Board within 90 days after the death of the member<\/span> in order<\/span> to make available a retirement allowance under the provisions of subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEATH BEFORE RETIREMENT (\u00a7 51.1-207)\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 same order of\nprecedence as set forth in subsection A of § 51.1-162. This amount shall be\nreduced by the amount of any retirement allowance previously received by the\nmember under this chapter or the abolished system. Each member shall designate\nwho is to receive a refund of accumulated contributions credited to his account\nin the event of the death of the member prior to retirement. The designation\nmust be made on a form prepared by the Board, signed and filed in a manner\nprescribed by the Board. The designation may be changed by the member by the\nwritten designation of some other person, signed and filed 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 same order of precedence as set forth in subsection A of § 51.1-162.\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, a retirement allowance shall be paid to the\nperson designated as provided in subsection A of this section if the person is\nthe member’s (i) surviving spouse, (ii) minor child, or (iii) parent(s).\nIf no designation has been made, or if the death of the designated person occurs\nprior to the death of the member and another designation has not been made, a\nretirement allowance shall be paid in the same order of precedence as set forth\nin subsection B of § 51.1-162. 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 fiftieth birthday, then, for purposes of this subsection, the\nmember shall be presumed to be age 50 on his date of death. When determining the\nallowance that would have been payable to the member had the member retired on\nthe date of his death, the provisions of subsection B of § 51.1-206 shall\nnot apply. If the person elects in writing, the amount of the member’s\naccumulated contributions shall be paid to the person exclusively, in lieu of\nany other benefits under this section. This amount shall be reduced by the\namount of any retirement allowance previously received by the member.\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\nbe the annual amount which when added to the compensation payable under the\nVirginia Workers’ Compensation Act for the death of the member, shall\nequal 50 percent of the member’s average final compensation if the\nsurvivor does not qualify for death benefits under the provisions of the Social\nSecurity Act in effect on the date of the death of the member. If the survivor\nqualifies for death benefits under the provisions of the Social Security Act in\neffect on the date of the death of the member, the allowance payable from the\nretirement system when added to the compensation payable under the Virginia\nWorkers’ Compensation Act shall equal thirty-three and one-third percent\nof the member’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 90 days after the death of the member in order to make available a\nretirement allowance under the provisions of subsection B.\n\nHISTORY: Code 1950, \u00a7\u00a7 51-136.1, 51-156; 1954, c. 139; 1958, c. 624; 1966, c.\n628; 1970, c. 657; 1972, c. 568; 1973, c. 523; 1974, c. 353; 1976, c. 654; 1986,\nc. 474; 1988, cc. 531, 540; 1989, c. 484; 1990, c. 832; 1998, c. 407; 1999, cc.\n111, 510; 2001, c. 683; 2002, c. 313; 2009, c. 22; 2012, c. 696; 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}}