{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-400.html"}],"law_id":54405,"edition_id":1,"section_id":54405,"structure_id":13443,"section_number":"9.1-400","catch_line":"Title of chapter; definitions","history":"1995, cc. 112, 156, 597, \u00a7\u00a7 2.1-133.5, 2.1-133.6; 1996, cc. 66, 174; 1998, c. 712; 2001, cc. 678, 844; 2003, cc. 37, 41, 1005; 2004, c. 30; 2005, cc. 907, 910; 2006, c. 824; 2007, c. 87; 2011, cc. 572, 586; 2012, cc. 374, 458, 573; 2015, cc. 38, 502, 503, 730; 2016, c. 677; 2017, cc. 439, 627; 2018, c. 548; 2020, cc. 207, 559; 2024, c. 560; 2025, cc. 204, 219.","full_text":"A\n\nThis chapter shall be known and designated as the Line of Duty Act.B\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t\t“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.\n\t\t\t“Contributing nonprofit private institution of higher education” means a nonprofit private institution of higher education, as defined in § 23.1-100, that has (i) established a campus police department pursuant to § 23.1-810 and (ii) made an irrevocable election to provide the benefits under this chapter and to fund the cost by participating in the Fund.\n\t\t\t“Contributing private police department” means a private police department that has made an irrevocable election to provide the benefits under this chapter and to fund the cost by participating in the Fund.\n\t\t\t“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 (i) a law-enforcement officer of the Commonwealth or any of its political subdivisions, except employees designated pursuant to § 53.1-10 to investigate allegations of criminal behavior affecting the operations of the Department of Corrections, employees designated pursuant to § 66-3 to investigate allegations of criminal behavior affecting the operations of the Department of Juvenile Justice, and members of the investigations unit of the State Inspector General designated pursuant to § 2.2-311 to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency; (ii) a correctional officer as defined in § 53.1-1; (iii) a jail officer; (iv) a regional jail or jail farm superintendent; (v) a sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the City of Richmond; (vi) a police chaplain; (vii) 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; (viii) a member of any fire company providing fire protection services for facilities of the Virginia National Guard or the Virginia Air National Guard; (ix) 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; (x) a special agent of the Virginia Alcoholic Beverage Control Authority; (xi) a regular or special conservation police officer who receives compensation from a county, city, or town or from the Commonwealth appointed pursuant to the provisions of § 29.1-200; (xii) a commissioned forest warden appointed under the provisions of § 10.1-1135; (xiii) a member or employee of the Virginia Marine Resources Commission granted the power of arrest pursuant to § 28.2-900; (xiv) a Department of Emergency Management hazardous materials officer, and any other employee of the Department of Emergency Management who is performing official duties of the agency, when those duties are related to a major disaster or emergency, as defined in § 44-146.16, that has been or is later declared to exist under the authority of the Governor in accordance with § 44-146.28; (xv) an employee of any county, city, or town performing official emergency management or emergency services duties in cooperation with the Department of Emergency Management, when those duties are related to a major disaster or emergency, as defined in § 44-146.16, that has been or is later declared to exist under the authority of the Governor in accordance with § 44-146.28 or a local emergency, as defined in § 44-146.16, declared by a local governing body; (xvi) a nonfirefighter regional hazardous materials emergency response team member; (xvii) a conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115; (xviii) a full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217; (xix) a campus police officer employed by a contributing nonprofit private institution of higher education; or (xx) a private police officer employed by a contributing private police department.\n\t\t\t“Disabled person” means any individual who has been determined to be mentally or physically incapacitated so as to prevent the further performance of his duties at the time of his disability where such incapacity is likely to be permanent, and whose incapacity occurs 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, in any position listed in the definition of deceased person in this section. “Disabled person” does not include any individual who has been determined to be no longer disabled pursuant to subdivision A 2 of § 9.1-404. “Disabled person” includes any state employee included in the definition of a deceased person who was disabled on or after January 1, 1966.\n\t\t\t“Eligible dependent” for purposes of continued health insurance pursuant to § 9.1-401 means the natural or adopted child or children of a deceased person or disabled person or of a deceased or disabled person’s eligible spouse, provided that any such natural child is born as the result of a pregnancy that occurred prior to, or no later than six months after, the time of the employee’s death or disability and that any such adopted child is (i) adopted prior to, or no later than six months after, the time of the employee’s death or disability or (ii) adopted more than six months after the employee’s death or disability if the adoption is pursuant to a preadoptive agreement entered into prior to, or no later than six months after, the death or disability. Notwithstanding the foregoing, “eligible dependent” shall also include the natural or adopted child or children of a deceased person or disabled person born as the result of a pregnancy or adoption that occurred after the time of the employee’s death or disability, but prior to July 1, 2017. Eligibility will continue until the end of the year in which the eligible dependent reaches age 26 or when the eligible dependent ceases to be eligible based on the Virginia Administrative Code or administrative guidance as determined by the Department of Human Resource Management.\n\t\t\t“Eligible spouse” for purposes of continued health insurance pursuant to § 9.1-401 means the spouse of a deceased person or a disabled person at the time of the death or disability. Eligibility will continue until the eligible spouse dies, ceases to be married to a disabled person, or in the case of the spouse of a deceased person, dies, remarries on or after July 1, 2017, or otherwise ceases to be eligible based on the Virginia Administrative Code or administrative guidance as determined by the Department of Human Resource Management.\n\t\t\t“Employee” means any person who would be covered or whose spouse, dependents, or beneficiaries would be covered under the benefits of this chapter if the person became a disabled person or a deceased person.\n\t\t\t“Employer” means (i) the employer of a person who is a covered employee or (ii) in the case of a volunteer who is a member of any fire company or department or rescue squad described in the definition of “deceased person,” the county, city, or town that by ordinance or resolution recognized such fire company or department or rescue squad as an integral part of the official safety program of such locality.\n\t\t\t“Fund” means the Line of Duty Death and Health Benefits Trust Fund established pursuant to § 9.1-400.1.\n\t\t\t“Line of duty” means any action the deceased or disabled person was obligated or authorized to perform by rule, regulation, condition of employment or service, or law.\n\t\t\t“LODA Health Benefit Plans” means the separate health benefits plans established pursuant to § 9.1-401.\n\t\t\t“Nonparticipating employer” means any employer that is a political subdivision of the Commonwealth that elected to directly fund the cost of benefits provided under this chapter and not participate in the Fund.\n\t\t\t“Participating employer” means any employer that is a state agency or is a political subdivision of the Commonwealth that did not make an election to become a nonparticipating employer.\n\t\t\t“Private police officer” means the same as that term is defined in § 9.1-101.\n\t\t\t“Private police department” means the same as that term is defined in § 9.1-101.\n\t\t\t“VRS” means the Virginia Retirement System.C\n\nNothing in this chapter shall be construed as applying to any nonprofit private institution of higher education, as defined in § 23.1-100, that is not a contributing nonprofit private institution of higher education or any private police department that is not a contributing private police department.","order_by":null,"text":{"0":{"id":199717,"text":"This chapter shall be known and designated as the Line of Duty Act.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199718,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t\t“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.\n\t\t\t“Contributing nonprofit private institution of higher education” means a nonprofit private institution of higher education, as defined in § 23.1-100, that has (i) established a campus police department pursuant to § 23.1-810 and (ii) made an irrevocable election to provide the benefits under this chapter and to fund the cost by participating in the Fund.\n\t\t\t“Contributing private police department” means a private police department that has made an irrevocable election to provide the benefits under this chapter and to fund the cost by participating in the Fund.\n\t\t\t“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 (i) a law-enforcement officer of the Commonwealth or any of its political subdivisions, except employees designated pursuant to § 53.1-10 to investigate allegations of criminal behavior affecting the operations of the Department of Corrections, employees designated pursuant to § 66-3 to investigate allegations of criminal behavior affecting the operations of the Department of Juvenile Justice, and members of the investigations unit of the State Inspector General designated pursuant to § 2.2-311 to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency; (ii) a correctional officer as defined in § 53.1-1; (iii) a jail officer; (iv) a regional jail or jail farm superintendent; (v) a sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the City of Richmond; (vi) a police chaplain; (vii) 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; (viii) a member of any fire company providing fire protection services for facilities of the Virginia National Guard or the Virginia Air National Guard; (ix) 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; (x) a special agent of the Virginia Alcoholic Beverage Control Authority; (xi) a regular or special conservation police officer who receives compensation from a county, city, or town or from the Commonwealth appointed pursuant to the provisions of § 29.1-200; (xii) a commissioned forest warden appointed under the provisions of § 10.1-1135; (xiii) a member or employee of the Virginia Marine Resources Commission granted the power of arrest pursuant to § 28.2-900; (xiv) a Department of Emergency Management hazardous materials officer, and any other employee of the Department of Emergency Management who is performing official duties of the agency, when those duties are related to a major disaster or emergency, as defined in § 44-146.16, that has been or is later declared to exist under the authority of the Governor in accordance with § 44-146.28; (xv) an employee of any county, city, or town performing official emergency management or emergency services duties in cooperation with the Department of Emergency Management, when those duties are related to a major disaster or emergency, as defined in § 44-146.16, that has been or is later declared to exist under the authority of the Governor in accordance with § 44-146.28 or a local emergency, as defined in § 44-146.16, declared by a local governing body; (xvi) a nonfirefighter regional hazardous materials emergency response team member; (xvii) a conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115; (xviii) a full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217; (xix) a campus police officer employed by a contributing nonprofit private institution of higher education; or (xx) a private police officer employed by a contributing private police department.\n\t\t\t“Disabled person” means any individual who has been determined to be mentally or physically incapacitated so as to prevent the further performance of his duties at the time of his disability where such incapacity is likely to be permanent, and whose incapacity occurs 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, in any position listed in the definition of deceased person in this section. “Disabled person” does not include any individual who has been determined to be no longer disabled pursuant to subdivision A 2 of § 9.1-404. “Disabled person” includes any state employee included in the definition of a deceased person who was disabled on or after January 1, 1966.\n\t\t\t“Eligible dependent” for purposes of continued health insurance pursuant to § 9.1-401 means the natural or adopted child or children of a deceased person or disabled person or of a deceased or disabled person’s eligible spouse, provided that any such natural child is born as the result of a pregnancy that occurred prior to, or no later than six months after, the time of the employee’s death or disability and that any such adopted child is (i) adopted prior to, or no later than six months after, the time of the employee’s death or disability or (ii) adopted more than six months after the employee’s death or disability if the adoption is pursuant to a preadoptive agreement entered into prior to, or no later than six months after, the death or disability. Notwithstanding the foregoing, “eligible dependent” shall also include the natural or adopted child or children of a deceased person or disabled person born as the result of a pregnancy or adoption that occurred after the time of the employee’s death or disability, but prior to July 1, 2017. Eligibility will continue until the end of the year in which the eligible dependent reaches age 26 or when the eligible dependent ceases to be eligible based on the Virginia Administrative Code or administrative guidance as determined by the Department of Human Resource Management.\n\t\t\t“Eligible spouse” for purposes of continued health insurance pursuant to § 9.1-401 means the spouse of a deceased person or a disabled person at the time of the death or disability. Eligibility will continue until the eligible spouse dies, ceases to be married to a disabled person, or in the case of the spouse of a deceased person, dies, remarries on or after July 1, 2017, or otherwise ceases to be eligible based on the Virginia Administrative Code or administrative guidance as determined by the Department of Human Resource Management.\n\t\t\t“Employee” means any person who would be covered or whose spouse, dependents, or beneficiaries would be covered under the benefits of this chapter if the person became a disabled person or a deceased person.\n\t\t\t“Employer” means (i) the employer of a person who is a covered employee or (ii) in the case of a volunteer who is a member of any fire company or department or rescue squad described in the definition of “deceased person,” the county, city, or town that by ordinance or resolution recognized such fire company or department or rescue squad as an integral part of the official safety program of such locality.\n\t\t\t“Fund” means the Line of Duty Death and Health Benefits Trust Fund established pursuant to § 9.1-400.1.\n\t\t\t“Line of duty” means any action the deceased or disabled person was obligated or authorized to perform by rule, regulation, condition of employment or service, or law.\n\t\t\t“LODA Health Benefit Plans” means the separate health benefits plans established pursuant to § 9.1-401.\n\t\t\t“Nonparticipating employer” means any employer that is a political subdivision of the Commonwealth that elected to directly fund the cost of benefits provided under this chapter and not participate in the Fund.\n\t\t\t“Participating employer” means any employer that is a state agency or is a political subdivision of the Commonwealth that did not make an election to become a nonparticipating employer.\n\t\t\t“Private police officer” means the same as that term is defined in § 9.1-101.\n\t\t\t“Private police department” means the same as that term is defined in § 9.1-101.\n\t\t\t“VRS” means the Virginia Retirement System.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199719,"text":"Nothing in this chapter shall be construed as applying to any nonprofit private institution of higher education, as defined in § 23.1-100, that is not a contributing nonprofit private institution of higher education or any private police department that is not a contributing private police department.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13443,"edition_id":1,"name":"Line of Duty Act","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":285331,"object_type":"structure","relational_id":13443,"identifier":"4","token":"9.1\/4","url":"\/9.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54405,"structure_id":13443,"section_number":"9.1-400","catch_line":"Title of chapter; 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This law was first created in 1995. The record of its establishment is cataloged in chapters 112<\/a>, 156<\/a>, and 597<\/a> 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. It has been modified 17 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 1996, chapters 66<\/a> and 174<\/a>; in 1998, chapter 712<\/a>; in 2001, chapters 678<\/a> and 844<\/a>; in 2003, chapters 37<\/a>, 41<\/a>, and 1005<\/a>; in 2004, chapter 30<\/a>; in 2005, chapters 907<\/a> and 910<\/a>; in 2006, chapter 824<\/a>; in 2007, chapter 87<\/a>; in 2011, chapters 572<\/a> and 586<\/a>; in 2012, chapters 374<\/a>, 458<\/a>, and 573<\/a>; in 2015, chapters 38<\/a>, 502<\/a>, 503<\/a>, and 730<\/a>; in 2016, chapter 677<\/a>; in 2017, chapters 439<\/a> and 627<\/a>; in 2018, chapter 548<\/a>; in 2020, chapters 207<\/a> and 559<\/a>; in 2024, chapter 560<\/a>; in 2025, chapters 204<\/a> and 219<\/a>.<\/p>","references":[{"id":65104,"section_number":"15.2-1123.1","catch_line":"Lynchburg Regional Airport police department","order_by":null,"url":"\/15.2-1123.1\/"},{"id":59365,"section_number":"27-39","catch_line":"Counties, cities and towns authorized to provide relief","order_by":null,"url":"\/27-39\/"},{"id":61063,"section_number":"27-40.1:1","catch_line":"Performance of physical examinations required by \u00a7 27-40.1","order_by":null,"url":"\/27-40.1_1\/"},{"id":83999,"section_number":"38.2-3461","catch_line":"Definitions","order_by":null,"url":"\/38.2-3461\/"},{"id":78576,"section_number":"51.1-1132","catch_line":"Health insurance coverage during disability absences","order_by":null,"url":"\/51.1-1132\/"},{"id":54787,"section_number":"51.1-815","catch_line":"Counties, cities, and towns authorized to provide relief to surviving spouse and children","order_by":null,"url":"\/51.1-815\/"},{"id":60776,"section_number":"58.1-3219.13","catch_line":"Definitions","order_by":null,"url":"\/58.1-3219.13\/"},{"id":82164,"section_number":"9.1-401","catch_line":"Continued health insurance coverage for disabled persons, eligible spouses, and eligible dependents","order_by":null,"url":"\/9.1-401\/"}],"refers_to":[{"id":87311,"section_number":"10.1-1135","catch_line":"Appointment and compensation of forest wardens; oath; powers","order_by":null,"url":"\/10.1-1135\/"},{"id":62641,"section_number":"10.1-115","catch_line":"Appointment of conservation officers; qualifications; oath","order_by":null,"url":"\/10.1-115\/"},{"id":78888,"section_number":"2.2-311","catch_line":"Enforcement of laws by the State Inspector General or investigators; police power of the Office of State Inspector General; training","order_by":null,"url":"\/2.2-311\/"},{"id":59984,"section_number":"23.1-100","catch_line":"Definitions","order_by":null,"url":"\/23.1-100\/"},{"id":78479,"section_number":"23.1-810","catch_line":"Authorization for campus police departments in private institutions of higher education","order_by":null,"url":"\/23.1-810\/"},{"id":77104,"section_number":"27-40.1","catch_line":"Presumption as to death or disability from respiratory diseases, hypertension or heart disease","order_by":null,"url":"\/27-40.1\/"},{"id":71787,"section_number":"27-40.2","catch_line":"Employing such presumption in determining eligibility for benefits","order_by":null,"url":"\/27-40.2\/"},{"id":78933,"section_number":"28.2-900","catch_line":"Arrest with or without warrant; larceny; violations of boating laws and Title 62.1","order_by":null,"url":"\/28.2-900\/"},{"id":61271,"section_number":"29.1-200","catch_line":"Appointment of conservation police officers","order_by":null,"url":"\/29.1-200\/"},{"id":65984,"section_number":"44-146.16","catch_line":"Definitions","order_by":null,"url":"\/44-146.16\/"},{"id":75418,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","order_by":null,"url":"\/44-146.28\/"},{"id":77591,"section_number":"46.2-217","catch_line":"Enforcement of laws by Commissioner; authority of officers","order_by":null,"url":"\/46.2-217\/"},{"id":56937,"section_number":"51.1-813","catch_line":"Disability resulting from activities in discharge of official duties","order_by":null,"url":"\/51.1-813\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"},{"id":83752,"section_number":"53.1-10","catch_line":"Powers and duties of Director","order_by":null,"url":"\/53.1-10\/"},{"id":59437,"section_number":"65.2-402","catch_line":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","order_by":null,"url":"\/65.2-402\/"},{"id":85102,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","order_by":null,"url":"\/65.2-402.1\/"},{"id":81243,"section_number":"66-3","catch_line":"Powers of the Director","order_by":null,"url":"\/66-3\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"},{"id":66899,"section_number":"9.1-400.1","catch_line":"Line of Duty Death and Health Benefits Trust Fund","order_by":null,"url":"\/9.1-400.1\/"},{"id":82164,"section_number":"9.1-401","catch_line":"Continued health insurance coverage for disabled persons, eligible spouses, and eligible dependents","order_by":null,"url":"\/9.1-401\/"},{"id":66804,"section_number":"9.1-404","catch_line":"Order of the Virginia Retirement System","order_by":null,"url":"\/9.1-404\/"}],"permalink":{"id":285333,"object_type":"law","relational_id":54405,"identifier":"9.1-400","token":"9.1\/4\/9.1-400","url":"\/9.1-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-400\/","token":"9.1\/4\/9.1-400","dublin_core":{"Title":"Title of chapter; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> This chapter shall be known and designated as the Line of Duty<\/span> Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Beneficiary<\/span>” means the spouse of a deceased person<\/span> and such persons as are entitled to take under the will of a deceased person<\/span> if testate, or as his heirs at law<\/span> if intestate.\n\t\t\t“Contributing nonprofit private institution of higher education<\/span>” means a nonprofit private institution of higher education, as defined in § 23.1-100<\/a>, that has (i) established a campus police department pursuant to § 23.1-810<\/a> and (ii) made an irrevocable election to provide the benefits under this chapter and to fund<\/span> the cost by participating in the Fund<\/span>.\n\t\t\t“Contributing private police department<\/span><\/span>” means a private police department<\/span> that has made an irrevocable election to provide the benefits under this chapter and to fund<\/span> the cost by participating in the Fund<\/span>.\n\t\t\t“Deceased person<\/span>” means any individual whose death occurs on or after April 8, 1972, in the line of duty<\/span> as the direct or proximate result of the performance of his duty, including the presumptions<\/span> under §§ 27-40.1<\/a>, 27-40.2<\/a>, 51.1-813<\/a>, 65.2-402<\/a>, and 65.2-402.1<\/a> if his position is covered by the applicable statute<\/span>, as (i) a law<\/span>-enforcement officer of the Commonwealth or any of its political subdivisions, except employees<\/span> designated pursuant to § 53.1-10<\/a> to investigate allegations<\/span> of criminal behavior affecting the operations of the Department of Corrections, employees<\/span> designated pursuant to § 66-3<\/a> to investigate allegations<\/span> of criminal behavior affecting the operations of the Department of Juvenile Justice, and members of the investigations unit of the State Inspector General designated pursuant to § 2.2-311<\/a> to investigate allegations<\/span> of criminal behavior affecting the operations of a state or nonstate agency; (ii) a correctional officer as defined in § 53.1-1<\/a>; (iii) a jail officer; (iv) a regional jail or jail farm superintendent; (v) a sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the City of Richmond; (vi) a police chaplain; (vii) a member of any fire company or department or emergency medical services agency that has been recognized by an ordinance<\/span> 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; (viii) a member of any fire company providing fire protection services for facilities of the Virginia National Guard or the Virginia Air National Guard; (ix) 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; (x) a special agent of the Virginia Alcoholic Beverage Control Authority; (xi) a regular or special conservation police officer who receives compensation from a county, city, or town or from the Commonwealth appointed pursuant to the provisions of § 29.1-200<\/a>; (xii) a commissioned forest warden appointed under the provisions of § 10.1-1135<\/a>; (xiii) a member or employee<\/span> of the Virginia Marine Resources Commission granted the power of arrest<\/span> pursuant to § 28.2-900<\/a>; (xiv) a Department of Emergency Management hazardous materials<\/span> officer, and any other employee<\/span> of the Department of Emergency Management who is performing official duties of the agency, when those duties are related to a major disaster or emergency, as defined in § 44-146.16<\/a>, that has been or is later declared to exist under the authority of the Governor in accordance with § 44-146.28<\/a>; (xv) an employee<\/span> of any county, city, or town performing official emergency management or emergency services duties in cooperation with the Department of Emergency Management, when those duties are related to a major disaster or emergency, as defined in § 44-146.16<\/a>, that has been or is later declared to exist under the authority of the Governor in accordance with § 44-146.28<\/a> or a local emergency, as defined in § 44-146.16<\/a>, declared by a local governing body; (xvi) a nonfirefighter regional hazardous materials<\/span> emergency response team member; (xvii) a conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115<\/a>; (xviii) a full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217<\/a>; (xix) a campus police officer employed by a contributing nonprofit private institution of higher education<\/span>; or (xx) a private police officer<\/span> employed by a contributing private police department<\/span><\/span>.\n\t\t\t“Disabled person<\/span>” means any individual who has been determined to be mentally or physically incapacitated so as to prevent the further performance of his duties at the time of his disability where such incapacity is likely to be permanent, and whose incapacity occurs in the line of duty<\/span> as the direct or proximate result of the performance of his duty, including the presumptions<\/span> under §§ 27-40.1<\/a>, 27-40.2<\/a>, 51.1-813<\/a>, 65.2-402<\/a>, and 65.2-402.1<\/a> if his position is covered by the applicable statute<\/span>, in any position listed in the definition of deceased person<\/span> in this section. “Disabled person<\/span>” does not include any individual who has been determined to be no longer disabled pursuant to subdivision A 2 of § 9.1-404<\/a>. “Disabled person<\/span>” includes any state employee<\/span> included in the definition of a deceased person<\/span> who was disabled on or after January 1, 1966.\n\t\t\t“Eligible dependent<\/span>” for purposes of continued health insurance pursuant to § 9.1-401<\/a> means the natural or adopted child or children of a deceased person<\/span> or disabled person<\/span> or of a deceased or disabled person<\/span>’s eligible spouse<\/span>, provided that any such natural child is born as the result of a pregnancy that occurred prior to, or no later than six months after, the time of the employee<\/span>’s death or disability and that any such adopted child is (i) adopted prior to, or no later than six months after, the time of the employee<\/span>’s death or disability or (ii) adopted more than six months after the employee<\/span>’s death or disability if the adoption is pursuant to a preadoptive agreement entered into prior to, or no later than six months after, the death or disability. Notwithstanding the foregoing, “eligible dependent<\/span>” shall also include the natural or adopted child or children of a deceased person<\/span> or disabled person<\/span> born as the result of a pregnancy or adoption that occurred after the time of the employee<\/span>’s death or disability, but prior to July 1, 2017. Eligibility will continue until the end of the year in which the eligible dependent<\/span> reaches age 26 or when the eligible dependent<\/span> ceases to be eligible based on the Virginia Administrative Code or administrative guidance as determined by the Department of Human Resource Management.\n\t\t\t“Eligible spouse<\/span>” for purposes of continued health insurance pursuant to § 9.1-401<\/a> means the spouse of a deceased person<\/span> or a disabled person<\/span> at the time of the death or disability. Eligibility will continue until the eligible spouse<\/span> dies, ceases to be married to a disabled person<\/span>, or in the case of the spouse of a deceased person<\/span>, dies, remarries on or after July 1, 2017, or otherwise ceases to be eligible based on the Virginia Administrative Code or administrative guidance as determined by the Department of Human Resource Management.\n\t\t\t“Employee<\/span>” means any person who would be covered or whose spouse, dependents, or beneficiaries would be covered under the benefits of this chapter if the person became a disabled person<\/span> or a deceased person<\/span>.\n\t\t\t“Employer” means (i) the employer of a person who is a covered employee<\/span> or (ii) in the case of a volunteer who is a member of any fire company or department or rescue squad described in the definition of “deceased person<\/span>,” the county, city, or town that by ordinance<\/span> or resolution recognized such fire company or department or rescue squad as an integral part of the official safety program of such locality.\n\t\t\t“Fund<\/span>” means the Line of Duty<\/span> Death and Health Benefits Trust Fund<\/span> established pursuant to § 9.1-400.1<\/a>.\n\t\t\t“Line of duty<\/span>” means any action the deceased or disabled person<\/span> was obligated or authorized to perform by rule, regulation, condition of employment or service, or law<\/span>.\n\t\t\t“LODA Health Benefit Plans<\/span>” means the separate health benefits plans established pursuant to § 9.1-401<\/a>.\n\t\t\t“Nonparticipating employer<\/span>” means any employer that is a political subdivision of the Commonwealth that elected to directly fund<\/span> the cost of benefits provided under this chapter and not participate in the Fund<\/span>.\n\t\t\t“Participating employer<\/span>” means any employer that is a state agency or is a political subdivision of the Commonwealth that did not make an election to become a nonparticipating employer<\/span>.\n\t\t\t“Private police officer<\/span>” means the same as that term is defined in § 9.1-101<\/a>.\n\t\t\t“Private police department<\/span>” means the same as that term is defined in § 9.1-101<\/a>.\n\t\t\t“VRS<\/span>” means the Virginia Retirement System. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this chapter shall be construed as applying to any nonprofit private institution of higher education, as defined in § 23.1-100<\/a>, that is not a contributing nonprofit private institution of higher education<\/span> or any private police department<\/span> that is not a contributing private police department<\/span><\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTITLE OF CHAPTER; DEFINITIONS (\u00a7 9.1-400)\n\nA. This chapter shall be known and designated as the Line of Duty Act.\n\nB. As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Beneficiary” means the spouse of a deceased person and such\npersons as are entitled to take under the will of a deceased person if testate,\nor as his heirs at law if intestate.\n\t\t\t“Contributing nonprofit private institution of higher education”\nmeans a nonprofit private institution of higher education, as defined in §\n23.1-100, that has (i) established a campus police department pursuant to §\n23.1-810 and (ii) made an irrevocable election to provide the benefits under\nthis chapter and to fund the cost by participating in the Fund.\n\t\t\t“Contributing private police department” means a private police\ndepartment that has made an irrevocable election to provide the benefits under\nthis chapter and to fund the cost by participating in the Fund.\n\t\t\t“Deceased person” means any individual whose death occurs on or\nafter April 8, 1972, in the line of duty as the direct or proximate result of\nthe performance of his duty, including the presumptions under §§\n27-40.1, 27-40.2, 51.1-813, 65.2-402, and 65.2-402.1 if his position is covered\nby the applicable statute, as (i) a law-enforcement officer of the Commonwealth\nor any of its political subdivisions, except employees designated pursuant to\n§ 53.1-10 to investigate allegations of criminal behavior affecting the\noperations of the Department of Corrections, employees designated pursuant to\n§ 66-3 to investigate allegations of criminal behavior affecting the\noperations of the Department of Juvenile Justice, and members of the\ninvestigations unit of the State Inspector General designated pursuant to §\n2.2-311 to investigate allegations of criminal behavior affecting the operations\nof a state or nonstate agency; (ii) a correctional officer as defined in §\n53.1-1; (iii) a jail officer; (iv) a regional jail or jail farm superintendent;\n(v) a sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the\nCity of Richmond; (vi) a police chaplain; (vii) a member of any fire company or\ndepartment or emergency medical services agency that has been recognized by an\nordinance or a resolution of the governing body of any county, city, or town of\nthe Commonwealth as an integral part of the official safety program of such\ncounty, city, or town, including a person with a recognized membership status\nwith such fire company or department who is enrolled in a Fire Service Training\ncourse offered by the Virginia Department of Fire Programs or any fire company\nor department training required in pursuit of qualification to become a\ncertified firefighter; (viii) a member of any fire company providing fire\nprotection services for facilities of the Virginia National Guard or the\nVirginia Air National Guard; (ix) a member of the Virginia National Guard or the\nVirginia Defense Force while such member is serving in the Virginia National\nGuard or the Virginia Defense Force on official state duty or federal duty under\nTitle 32 of the United States Code; (x) a special agent of the Virginia\nAlcoholic Beverage Control Authority; (xi) a regular or special conservation\npolice officer who receives compensation from a county, city, or town or from\nthe Commonwealth appointed pursuant to the provisions of § 29.1-200; (xii)\na commissioned forest warden appointed under the provisions of § 10.1-1135;\n(xiii) a member or employee of the Virginia Marine Resources Commission granted\nthe power of arrest pursuant to § 28.2-900; (xiv) a Department of Emergency\nManagement hazardous materials officer, and any other employee of the Department\nof Emergency Management who is performing official duties of the agency, when\nthose duties are related to a major disaster or emergency, as defined in §\n44-146.16, that has been or is later declared to exist under the authority of\nthe Governor in accordance with § 44-146.28; (xv) an employee of any\ncounty, city, or town performing official emergency management or emergency\nservices duties in cooperation with the Department of Emergency Management, when\nthose duties are related to a major disaster or emergency, as defined in §\n44-146.16, that has been or is later declared to exist under the authority of\nthe Governor in accordance with § 44-146.28 or a local emergency, as\ndefined in § 44-146.16, declared by a local governing body; (xvi) a\nnonfirefighter regional hazardous materials emergency response team member;\n(xvii) a conservation officer of the Department of Conservation and Recreation\ncommissioned pursuant to § 10.1-115; (xviii) a full-time sworn member of\nthe enforcement division of the Department of Motor Vehicles appointed pursuant\nto § 46.2-217; (xix) a campus police officer employed by a contributing\nnonprofit private institution of higher education; or (xx) a private police\nofficer employed by a contributing private police department.\n\t\t\t“Disabled person” means any individual who has been determined to\nbe mentally or physically incapacitated so as to prevent the further performance\nof his duties at the time of his disability where such incapacity is likely to\nbe permanent, and whose incapacity occurs in the line of duty as the direct or\nproximate result of the performance of his duty, including the presumptions\nunder §§ 27-40.1, 27-40.2, 51.1-813, 65.2-402, and 65.2-402.1 if his\nposition is covered by the applicable statute, in any position listed in the\ndefinition of deceased person in this section. “Disabled person”\ndoes not include any individual who has been determined to be no longer disabled\npursuant to subdivision A 2 of § 9.1-404. “Disabled person”\nincludes any state employee included in the definition of a deceased person who\nwas disabled on or after January 1, 1966.\n\t\t\t“Eligible dependent” for purposes of continued health insurance\npursuant to § 9.1-401 means the natural or adopted child or children of a\ndeceased person or disabled person or of a deceased or disabled person’s\neligible spouse, provided that any such natural child is born as the result of a\npregnancy that occurred prior to, or no later than six months after, the time of\nthe employee’s death or disability and that any such adopted child is (i)\nadopted prior to, or no later than six months after, the time of the\nemployee’s death or disability or (ii) adopted more than six months after\nthe employee’s death or disability if the adoption is pursuant to a\npreadoptive agreement entered into prior to, or no later than six months after,\nthe death or disability. Notwithstanding the foregoing, “eligible\ndependent” shall also include the natural or adopted child or children of\na deceased person or disabled person born as the result of a pregnancy or\nadoption that occurred after the time of the employee’s death or\ndisability, but prior to July 1, 2017. Eligibility will continue until the end\nof the year in which the eligible dependent reaches age 26 or when the eligible\ndependent ceases to be eligible based on the Virginia Administrative Code or\nadministrative guidance as determined by the Department of Human Resource\nManagement.\n\t\t\t“Eligible spouse” for purposes of continued health insurance\npursuant to § 9.1-401 means the spouse of a deceased person or a disabled\nperson at the time of the death or disability. Eligibility will continue until\nthe eligible spouse dies, ceases to be married to a disabled person, or in the\ncase of the spouse of a deceased person, dies, remarries on or after July 1,\n2017, or otherwise ceases to be eligible based on the Virginia Administrative\nCode or administrative guidance as determined by the Department of Human\nResource Management.\n\t\t\t“Employee” means any person who would be covered or whose spouse,\ndependents, or beneficiaries would be covered under the benefits of this chapter\nif the person became a disabled person or a deceased person.\n\t\t\t“Employer” means (i) the employer of a person who is a covered\nemployee or (ii) in the case of a volunteer who is a member of any fire company\nor department or rescue squad described in the definition of “deceased\nperson,” the county, city, or town that by ordinance or resolution\nrecognized such fire company or department or rescue squad as an integral part\nof the official safety program of such locality.\n\t\t\t“Fund” means the Line of Duty Death and Health Benefits Trust\nFund established pursuant to § 9.1-400.1.\n\t\t\t“Line of duty” means any action the deceased or disabled person\nwas obligated or authorized to perform by rule, regulation, condition of\nemployment or service, or law.\n\t\t\t“LODA Health Benefit Plans” means the separate health benefits\nplans established pursuant to § 9.1-401.\n\t\t\t“Nonparticipating employer” means any employer that is a\npolitical subdivision of the Commonwealth that elected to directly fund the cost\nof benefits provided under this chapter and not participate in the Fund.\n\t\t\t“Participating employer” means any employer that is a state\nagency or is a political subdivision of the Commonwealth that did not make an\nelection to become a nonparticipating employer.\n\t\t\t“Private police officer” means the same as that term is defined\nin § 9.1-101.\n\t\t\t“Private police department” means the same as that term is\ndefined in § 9.1-101.\n\t\t\t“VRS” means the Virginia Retirement System.\n\nC. Nothing in this chapter shall be construed as applying to any nonprofit\nprivate institution of higher education, as defined in § 23.1-100, that is\nnot a contributing nonprofit private institution of higher education or any\nprivate police department that is not a contributing private police department.\n\nHISTORY: 1995, cc. 112, 156, 597, \u00a7\u00a7 2.1-133.5, 2.1-133.6; 1996, cc. 66, 174;\n1998, c. 712; 2001, cc. 678, 844; 2003, cc. 37, 41, 1005; 2004, c. 30; 2005, cc.\n907, 910; 2006, c. 824; 2007, c. 87; 2011, cc. 572, 586; 2012, cc. 374, 458,\n573; 2015, cc. 38, 502, 503, 730; 2016, c. 677; 2017, cc. 439, 627; 2018, c.\n548; 2020, cc. 207, 559; 2024, c. 560; 2025, cc. 204, 219.","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}}