{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-404.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-404.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-404.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-404.html"}],"law_id":66804,"edition_id":1,"section_id":66804,"structure_id":13443,"section_number":"9.1-404","catch_line":"Order of the Virginia Retirement System","history":"1995, cc. 156, 597, \u00a7 2.1-133.9; 1998, c. 712; 2001, c. 844; 2016, c. 677; 2017, c. 439; 2022, c. 484; 2025, cc. 204, 219.","full_text":"A\n\n1. The Virginia Retirement System shall make an eligibility determination within 45 days of receiving all necessary information for determining eligibility for a claim filed under \u00a7 9.1-403. The Virginia Retirement System may use a medical board pursuant to \u00a7 51.1-124.23 in determining eligibility. If benefits under this chapter are due, VRS shall notify the nonparticipating employer, which shall provide the benefits within 15 days of such notice, or VRS shall pay the benefits from the Fund on behalf of the participating employer, contributing nonprofit private institution of higher education, or contributing private police department within 15 days of the determination, as applicable. The payments shall be retroactive to the first date that the disabled person was no longer eligible for health insurance coverage subsidized by his employer.2\n\nTwo years after an individual has been determined to be a disabled person, VRS may require the disabled person to renew the determination through a process established by VRS. If a disabled person refuses to submit to the determination renewal process described in this subdivision, then benefits under this chapter shall cease for the individual, any eligible dependents, and an eligible spouse until the individual complies. If such individual does not comply within six months from the date of the initial request for a renewed determination, then benefits under this chapter shall permanently cease for the individual, any eligible dependents, and an eligible spouse. If VRS issues a renewed determination that an individual is no longer a disabled person, then benefits under this chapter shall permanently cease for the individual, any eligible dependents, and an eligible spouse. If VRS issues a renewed determination that an individual remains a disabled person, then VRS may require the disabled person to renew the determination five years after such renewed determination through a process established by VRS. The Virginia Retirement System may require the disabled person to renew the determination at any time if VRS has information indicating that the person may no longer be disabled.3\n\nFor any medical review conducted for the purpose of making an eligibility determination pursuant to this section, VRS shall require such review to be conducted by a licensed health practitioner. For purposes of this section, &#8220;licensed health practitioner&#8221; means a person licensed to practice medicine or osteopathic medicine pursuant to the provisions of Chapter 29 (&#xA7; 54.1-2900 et seq.) of Title 54.1, a person licensed to practice nursing pursuant to the provisions of Chapter 30 (&#xA7; 54.1-3000 et seq.) of Title 54.1, or a person licensed to practice psychology pursuant to the provisions of Chapter 36 (&#xA7; 54.1-3600 et seq.) of Title 54.1. &#8220;Licensed health practitioner&#8221; includes a person issued a comparable license, as determined by VRS, by the District of Columbia or a state that is contiguous to the Commonwealth.B\n\nThe Virginia Retirement System shall be reimbursed for all reasonable costs incurred and associated, directly and indirectly, in performing the duties pursuant to this chapter (i) from the Line of Duty Death and Health Benefits Trust Fund for costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses on behalf of participating employers, contributing nonprofit private institutions of higher education, and contributing private police departments and (ii) from a nonparticipating employer for premiums and costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses for which the nonparticipating employer is responsible.C\n\nThe Virginia Retirement System may develop policies and procedures necessary to carry out the provisions of this chapter.","order_by":null,"text":{"0":{"id":242253,"text":"1. The Virginia Retirement System shall make an eligibility determination within 45 days of receiving all necessary information for determining eligibility for a claim filed under \u00a7 9.1-403. The Virginia Retirement System may use a medical board pursuant to \u00a7 51.1-124.23 in determining eligibility. If benefits under this chapter are due, VRS shall notify the nonparticipating employer, which shall provide the benefits within 15 days of such notice, or VRS shall pay the benefits from the Fund on behalf of the participating employer, contributing nonprofit private institution of higher education, or contributing private police department within 15 days of the determination, as applicable. The payments shall be retroactive to the first date that the disabled person was no longer eligible for health insurance coverage subsidized by his employer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":242254,"text":"Two years after an individual has been determined to be a disabled person, VRS may require the disabled person to renew the determination through a process established by VRS. If a disabled person refuses to submit to the determination renewal process described in this subdivision, then benefits under this chapter shall cease for the individual, any eligible dependents, and an eligible spouse until the individual complies. If such individual does not comply within six months from the date of the initial request for a renewed determination, then benefits under this chapter shall permanently cease for the individual, any eligible dependents, and an eligible spouse. If VRS issues a renewed determination that an individual is no longer a disabled person, then benefits under this chapter shall permanently cease for the individual, any eligible dependents, and an eligible spouse. If VRS issues a renewed determination that an individual remains a disabled person, then VRS may require the disabled person to renew the determination five years after such renewed determination through a process established by VRS. The Virginia Retirement System may require the disabled person to renew the determination at any time if VRS has information indicating that the person may no longer be disabled.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":242255,"text":"For any medical review conducted for the purpose of making an eligibility determination pursuant to this section, VRS shall require such review to be conducted by a licensed health practitioner. For purposes of this section, &#8220;licensed health practitioner&#8221; means a person licensed to practice medicine or osteopathic medicine pursuant to the provisions of Chapter 29 (&#xA7; 54.1-2900 et seq.) of Title 54.1, a person licensed to practice nursing pursuant to the provisions of Chapter 30 (&#xA7; 54.1-3000 et seq.) of Title 54.1, or a person licensed to practice psychology pursuant to the provisions of Chapter 36 (&#xA7; 54.1-3600 et seq.) of Title 54.1. &#8220;Licensed health practitioner&#8221; includes a person issued a comparable license, as determined by VRS, by the District of Columbia or a state that is contiguous to the Commonwealth.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"3":{"id":242256,"text":"The Virginia Retirement System shall be reimbursed for all reasonable costs incurred and associated, directly and indirectly, in performing the duties pursuant to this chapter (i) from the Line of Duty Death and Health Benefits Trust Fund for costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses on behalf of participating employers, contributing nonprofit private institutions of higher education, and contributing private police departments and (ii) from a nonparticipating employer for premiums and costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses for which the nonparticipating employer is responsible.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"4":{"id":242257,"text":"The Virginia Retirement System may develop policies and procedures necessary to carry out the provisions of this chapter.","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; definitions","url":"\/9.1-400\/","token":"9.1\/4\/9.1-400","metadata":false},{"id":66899,"structure_id":13443,"section_number":"9.1-400.1","catch_line":"Line of Duty Death and Health Benefits Trust Fund","url":"\/9.1-400.1\/","token":"9.1\/4\/9.1-400.1","metadata":false},{"id":82164,"structure_id":13443,"section_number":"9.1-401","catch_line":"Continued health insurance coverage for disabled persons, eligible spouses, and eligible dependents","url":"\/9.1-401\/","token":"9.1\/4\/9.1-401","metadata":false},{"id":80137,"structure_id":13443,"section_number":"9.1-401.1","catch_line":"Supplemental short-term disability benefit for state police officers","url":"\/9.1-401.1\/","token":"9.1\/4\/9.1-401.1","metadata":false},{"id":60273,"structure_id":13443,"section_number":"9.1-402","catch_line":"Payments to beneficiaries of certain deceased law-enforcement officers, firefighters, etc., and retirees","url":"\/9.1-402\/","token":"9.1\/4\/9.1-402","metadata":false},{"id":60475,"structure_id":13443,"section_number":"9.1-402.1","catch_line":"Payments for burial expenses","url":"\/9.1-402.1\/","token":"9.1\/4\/9.1-402.1","metadata":false},{"id":58699,"structure_id":13443,"section_number":"9.1-403","catch_line":"Claim for payment; costs","url":"\/9.1-403\/","token":"9.1\/4\/9.1-403","metadata":false},{"id":66804,"structure_id":13443,"section_number":"9.1-404","catch_line":"Order of the Virginia Retirement System","url":"\/9.1-404\/","token":"9.1\/4\/9.1-404","metadata":false},{"id":57587,"structure_id":13443,"section_number":"9.1-405","catch_line":"Appeal from decision of Virginia Retirement System","url":"\/9.1-405\/","token":"9.1\/4\/9.1-405","metadata":false},{"id":78642,"structure_id":13443,"section_number":"9.1-406","catch_line":"Repealed","url":"\/9.1-406\/","token":"9.1\/4\/9.1-406","metadata":false},{"id":56255,"structure_id":13443,"section_number":"9.1-407","catch_line":"Training","url":"\/9.1-407\/","token":"9.1\/4\/9.1-407","metadata":false},{"id":76468,"structure_id":13443,"section_number":"9.1-408","catch_line":"Records of investigation confidential","url":"\/9.1-408\/","token":"9.1\/4\/9.1-408","metadata":false}],"previous_section":{"id":58699,"structure_id":13443,"section_number":"9.1-403","catch_line":"Claim for payment; costs","url":"\/9.1-403\/","token":"9.1\/4\/9.1-403","metadata":false},"next_section":{"id":57587,"structure_id":13443,"section_number":"9.1-405","catch_line":"Appeal from decision of Virginia Retirement System","url":"\/9.1-405\/","token":"9.1\/4\/9.1-405","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-404\/","history_text":"<p>This law was first created in 1995. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0156\">156<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0597\">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 6 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 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0712\">712<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0844\">844<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0677\">677<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0439\">439<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0484\">484<\/a>; in 2025, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0204\">204<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0219\">219<\/a>.<\/p>","references":[{"id":54405,"section_number":"9.1-400","catch_line":"Title of chapter; definitions","order_by":null,"url":"\/9.1-400\/"},{"id":57587,"section_number":"9.1-405","catch_line":"Appeal from decision of Virginia Retirement System","order_by":null,"url":"\/9.1-405\/"}],"refers_to":[{"id":80443,"section_number":"51.1-124.23","catch_line":"Medical boards","order_by":null,"url":"\/51.1-124.23\/"},{"id":63078,"section_number":"54.1-2900","catch_line":"Definitions","order_by":null,"url":"\/54.1-2900\/"},{"id":54819,"section_number":"54.1-3000","catch_line":"Definitions","order_by":null,"url":"\/54.1-3000\/"},{"id":79319,"section_number":"54.1-3600","catch_line":"Definitions","order_by":null,"url":"\/54.1-3600\/"},{"id":58699,"section_number":"9.1-403","catch_line":"Claim for payment; costs","order_by":null,"url":"\/9.1-403\/"}],"permalink":{"id":285361,"object_type":"law","relational_id":66804,"identifier":"9.1-404","token":"9.1\/4\/9.1-404","url":"\/9.1-404\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-404\/","token":"9.1\/4\/9.1-404","dublin_core":{"Title":"Order of the Virginia Retirement System","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-404","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> 1. The Virginia Retirement System shall make an eligibility determination within 45 days of receiving all necessary information for determining eligibility for a claim filed under \u00a7&nbsp;<a class=\"law\" title=\"Claim for payment; costs\" href=\"\/9.1-403\/\">9.1-403<\/a>. The Virginia Retirement System may use a medical board pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Medical boards\" href=\"\/51.1-124.23\/\">51.1-124.23<\/a> in determining eligibility. If benefits under this chapter are due, VRS shall notify the nonparticipating employer, which shall provide the benefits within 15 days of such notice, or VRS shall pay the benefits from the Fund on behalf of the participating employer, contributing nonprofit private institution of higher education, or contributing private police department within 15 days of the determination, as applicable. The payments shall be retroactive to the first date that the disabled person was no longer eligible for health insurance coverage subsidized by his employer. <a id=\"paragraph-242253\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-404\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Two years after an individual has been determined to be a disabled person, VRS may require the disabled person to renew the determination through a process established by VRS. If a disabled person refuses to submit to the determination renewal process described in this subdivision, then benefits under this chapter shall cease for the individual, any eligible dependents, and an eligible spouse until the individual complies. If such individual does not comply within six months from the date of the initial request for a renewed determination, then benefits under this chapter shall permanently cease for the individual, any eligible dependents, and an eligible spouse. If VRS <span class=\"dictionary\">issues<\/span> a renewed determination that an individual is no longer a disabled person, then benefits under this chapter shall permanently cease for the individual, any eligible dependents, and an eligible spouse. If VRS <span class=\"dictionary\">issues<\/span> a renewed determination that an individual remains a disabled person, then VRS may require the disabled person to renew the determination five years after such renewed determination through a process established by VRS. The Virginia Retirement System may require the disabled person to renew the determination at any time if VRS has information indicating that the person may no longer be disabled. <a id=\"paragraph-242254\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-404\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> For any medical review conducted for the purpose of making an eligibility determination pursuant to this section, VRS shall require such review to be conducted by a <span class=\"dictionary\">licensed health practitioner<\/span>. For purposes of this section, &#8220;<span class=\"dictionary\">licensed health practitioner<\/span>&#8221; means a person licensed to practice medicine or osteopathic medicine pursuant to the provisions of Chapter 29 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/54.1-2900\/\">54.1-2900<\/a> et seq.) of Title 54.1, a person licensed to practice nursing pursuant to the provisions of Chapter 30 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/54.1-3000\/\">54.1-3000<\/a> et seq.) of Title 54.1, or a person licensed to practice psychology pursuant to the provisions of Chapter 36 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/54.1-3600\/\">54.1-3600<\/a> et seq.) of Title 54.1. &#8220;<span class=\"dictionary\">Licensed health practitioner<\/span>&#8221; includes a person issued a comparable license, as determined by VRS, by the District of Columbia or a state that is contiguous to the Commonwealth. <a id=\"paragraph-242255\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-404\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The Virginia Retirement System shall be reimbursed for all reasonable costs incurred and associated, directly and indirectly, in performing the duties pursuant to this chapter (i) from the Line of Duty Death and Health Benefits Trust Fund for costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses on behalf of participating employers, contributing nonprofit private institutions of higher education, and contributing private police departments and (ii) from a nonparticipating employer for premiums and costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses for which the nonparticipating employer is responsible. <a id=\"paragraph-242256\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-404\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The Virginia Retirement System may develop policies and procedures necessary to carry out the provisions of this chapter. <a id=\"paragraph-242257\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-404\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nORDER OF THE VIRGINIA RETIREMENT SYSTEM (\u00a7 9.1-404)\n\nA. 1. The Virginia Retirement System shall make an eligibility determination\nwithin 45 days of receiving all necessary information for determining\neligibility for a claim filed under \u00a7 9.1-403. The Virginia Retirement System\nmay use a medical board pursuant to \u00a7 51.1-124.23 in determining eligibility.\nIf benefits under this chapter are due, VRS shall notify the nonparticipating\nemployer, which shall provide the benefits within 15 days of such notice, or VRS\nshall pay the benefits from the Fund on behalf of the participating employer,\ncontributing nonprofit private institution of higher education, or contributing\nprivate police department within 15 days of the determination, as applicable.\nThe payments shall be retroactive to the first date that the disabled person was\nno longer eligible for health insurance coverage subsidized by his employer.\n\n   2. Two years after an individual has been determined to be a disabled person,\n   VRS may require the disabled person to renew the determination through a\n   process established by VRS. If a disabled person refuses to submit to the\n   determination renewal process described in this subdivision, then benefits\n   under this chapter shall cease for the individual, any eligible dependents,\n   and an eligible spouse until the individual complies. If such individual does\n   not comply within six months from the date of the initial request for a\n   renewed determination, then benefits under this chapter shall permanently\n   cease for the individual, any eligible dependents, and an eligible spouse. If\n   VRS issues a renewed determination that an individual is no longer a disabled\n   person, then benefits under this chapter shall permanently cease for the\n   individual, any eligible dependents, and an eligible spouse. If VRS issues a\n   renewed determination that an individual remains a disabled person, then VRS\n   may require the disabled person to renew the determination five years after\n   such renewed determination through a process established by VRS. The Virginia\n   Retirement System may require the disabled person to renew the determination\n   at any time if VRS has information indicating that the person may no longer be\n   disabled.\n\n   3. For any medical review conducted for the purpose of making an eligibility\n   determination pursuant to this section, VRS shall require such review to be\n   conducted by a licensed health practitioner. For purposes of this section,\n   &#8220;licensed health practitioner&#8221; means a person licensed to practice\n   medicine or osteopathic medicine pursuant to the provisions of Chapter 29\n   (&#xA7; 54.1-2900 et seq.) of Title 54.1, a person licensed to practice\n   nursing pursuant to the provisions of Chapter 30 (&#xA7; 54.1-3000 et seq.) of\n   Title 54.1, or a person licensed to practice psychology pursuant to the\n   provisions of Chapter 36 (&#xA7; 54.1-3600 et seq.) of Title 54.1.\n   &#8220;Licensed health practitioner&#8221; includes a person issued a\n   comparable license, as determined by VRS, by the District of Columbia or a\n   state that is contiguous to the Commonwealth.\n\nB. The Virginia Retirement System shall be reimbursed for all reasonable costs\nincurred and associated, directly and indirectly, in performing the duties\npursuant to this chapter (i) from the Line of Duty Death and Health Benefits\nTrust Fund for costs related to disabled persons, deceased persons, eligible\ndependents, and eligible spouses on behalf of participating employers,\ncontributing nonprofit private institutions of higher education, and\ncontributing private police departments and (ii) from a nonparticipating\nemployer for premiums and costs related to disabled persons, deceased persons,\neligible dependents, and eligible spouses for which the nonparticipating\nemployer is responsible.\n\nC. The Virginia Retirement System may develop policies and procedures necessary\nto carry out the provisions of this chapter.\n\nHISTORY: 1995, cc. 156, 597, \u00a7 2.1-133.9; 1998, c. 712; 2001, c. 844; 2016, c.\n677; 2017, c. 439; 2022, c. 484; 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}}