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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54405</law_id><section_number>9.1-400</section_number><catch_line>Title of chapter; definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-1123.1</reference><reference>27-39</reference><reference>27-40.1:1</reference><reference>38.2-3461</reference><reference>51.1-1132</reference><reference>51.1-815</reference><reference>58.1-3219.13</reference><reference>9.1-401</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="9.1">Commonwealth Public Safety</unit><unit label="chapter" level="2" order_by="1" identifier="4">Line of Duty Act</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> This chapter shall be known and designated as the <span class="dictionary">Line of Duty</span> Act. <a id="paragraph-199717" class="section-permalink" href="https://vacode.org/9.1-400/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> As used in this chapter, unless the context requires a different meaning:
			&#x201C;<span class="dictionary">Beneficiary</span>&#x201D; means the spouse of a <span class="dictionary">deceased person</span> and such persons as are entitled to take under the will of a <span class="dictionary">deceased person</span> if testate, or as his heirs at <span class="dictionary">law</span> if intestate.
			&#x201C;<span class="dictionary">Contributing nonprofit private institution of higher education</span>&#x201D; means a nonprofit private institution of higher education, as defined in &#xA7; <a class="law" title="Definitions" href="/23.1-100/">23.1-100</a>, that has (i) established a campus police department pursuant to &#xA7; <a class="law" title="Authorization for campus police departments in private institutions of higher education" href="/23.1-810/">23.1-810</a> and (ii) made an irrevocable election to provide the benefits under this chapter and to <span class="dictionary">fund</span> the cost by participating in the <span class="dictionary">Fund</span>.
			&#x201C;<span class="dictionary">Contributing <span class="dictionary">private police department</span></span>&#x201D; means a <span class="dictionary">private police department</span> that has made an irrevocable election to provide the benefits under this chapter and to <span class="dictionary">fund</span> the cost by participating in the <span class="dictionary">Fund</span>.
			&#x201C;<span class="dictionary">Deceased person</span>&#x201D; means any individual whose death occurs on or after April 8, 1972, in the <span class="dictionary">line of duty</span> as the direct or proximate result of the performance of his duty, including the <span class="dictionary">presumptions</span> under &#xA7;&#xA7; <a class="law" title="Presumption as to death or disability from respiratory diseases, hypertension or heart disease" href="/27-40.1/">27-40.1</a>, <a class="law" title="Employing such presumption in determining eligibility for benefits" href="/27-40.2/">27-40.2</a>, <a class="law" title="Disability resulting from activities in discharge of official duties" href="/51.1-813/">51.1-813</a>, <a class="law" title="Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer" href="/65.2-402/">65.2-402</a>, and <a class="law" title="Presumption as to death or disability from infectious disease" href="/65.2-402.1/">65.2-402.1</a> if his position is covered by the applicable <span class="dictionary">statute</span>, as (i) a <span class="dictionary">law</span>-enforcement officer of the Commonwealth or any of its political subdivisions, except <span class="dictionary">employees</span> designated pursuant to &#xA7; <a class="law" title="Powers and duties of Director" href="/53.1-10/">53.1-10</a> to investigate <span class="dictionary">allegations</span> of criminal behavior affecting the operations of the Department of Corrections, <span class="dictionary">employees</span> designated pursuant to &#xA7; <a class="law" title="Powers of the Director" href="/66-3/">66-3</a> to investigate <span class="dictionary">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 &#xA7; <a class="law" title="Enforcement of laws by the State Inspector General or investigators; police power of the Office of State Inspector General; training" href="/2.2-311/">2.2-311</a> to investigate <span class="dictionary">allegations</span> of criminal behavior affecting the operations of a state or nonstate agency; (ii) a correctional officer as defined in &#xA7; <a class="law" title="Definitions" href="/53.1-1/">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 <span class="dictionary">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 &#xA7; <a class="law" title="Appointment of conservation police officers" href="/29.1-200/">29.1-200</a>; (xii) a commissioned forest warden appointed under the provisions of &#xA7; <a class="law" title="Appointment and compensation of forest wardens; oath; powers" href="/10.1-1135/">10.1-1135</a>; (xiii) a member or <span class="dictionary">employee</span> of the Virginia Marine Resources Commission granted the power of <span class="dictionary">arrest</span> pursuant to &#xA7; <a class="law" title="Arrest with or without warrant; larceny; violations of boating laws and Title 62.1" href="/28.2-900/">28.2-900</a>; (xiv) a Department of Emergency Management hazardous <span class="dictionary">materials</span> officer, and any other <span class="dictionary">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 &#xA7; <a class="law" title="Definitions" href="/44-146.16/">44-146.16</a>, that has been or is later declared to exist under the authority of the Governor in accordance with &#xA7; <a class="law" title="Authority of Governor and agencies under his control in declared state of emergency" href="/44-146.28/">44-146.28</a>; (xv) an <span class="dictionary">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 &#xA7; <a class="law" title="Definitions" href="/44-146.16/">44-146.16</a>, that has been or is later declared to exist under the authority of the Governor in accordance with &#xA7; <a class="law" title="Authority of Governor and agencies under his control in declared state of emergency" href="/44-146.28/">44-146.28</a> or a local emergency, as defined in &#xA7; <a class="law" title="Definitions" href="/44-146.16/">44-146.16</a>, declared by a local governing body; (xvi) a nonfirefighter regional hazardous <span class="dictionary">materials</span> emergency response team member; (xvii) a conservation officer of the Department of Conservation and Recreation commissioned pursuant to &#xA7; <a class="law" title="Appointment of conservation officers; qualifications; oath" href="/10.1-115/">10.1-115</a>; (xviii) a full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to &#xA7; <a class="law" title="Enforcement of laws by Commissioner; authority of officers" href="/46.2-217/">46.2-217</a>; (xix) a campus police officer employed by a <span class="dictionary">contributing nonprofit private institution of higher education</span>; or (xx) a <span class="dictionary">private police officer</span> employed by a <span class="dictionary">contributing <span class="dictionary">private police department</span></span>.
			&#x201C;<span class="dictionary">Disabled person</span>&#x201D; 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 <span class="dictionary">line of duty</span> as the direct or proximate result of the performance of his duty, including the <span class="dictionary">presumptions</span> under &#xA7;&#xA7; <a class="law" title="Presumption as to death or disability from respiratory diseases, hypertension or heart disease" href="/27-40.1/">27-40.1</a>, <a class="law" title="Employing such presumption in determining eligibility for benefits" href="/27-40.2/">27-40.2</a>, <a class="law" title="Disability resulting from activities in discharge of official duties" href="/51.1-813/">51.1-813</a>, <a class="law" title="Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer" href="/65.2-402/">65.2-402</a>, and <a class="law" title="Presumption as to death or disability from infectious disease" href="/65.2-402.1/">65.2-402.1</a> if his position is covered by the applicable <span class="dictionary">statute</span>, in any position listed in the definition of <span class="dictionary">deceased person</span> in this section. &#x201C;<span class="dictionary">Disabled person</span>&#x201D; does not include any individual who has been determined to be no longer disabled pursuant to subdivision A 2 of &#xA7; <a class="law" title="Order of the Virginia Retirement System" href="/9.1-404/">9.1-404</a>. &#x201C;<span class="dictionary">Disabled person</span>&#x201D; includes any state <span class="dictionary">employee</span> included in the definition of a <span class="dictionary">deceased person</span> who was disabled on or after January 1, 1966.
			&#x201C;<span class="dictionary">Eligible dependent</span>&#x201D; for purposes of continued health insurance pursuant to &#xA7; <a class="law" title="Continued health insurance coverage for disabled persons, eligible spouses, and eligible dependents" href="/9.1-401/">9.1-401</a> means the natural or adopted child or children of a <span class="dictionary">deceased person</span> or <span class="dictionary">disabled person</span> or of a deceased or <span class="dictionary">disabled person</span>&#x2019;s <span class="dictionary">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 <span class="dictionary">employee</span>&#x2019;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 <span class="dictionary">employee</span>&#x2019;s death or disability or (ii) adopted more than six months after the <span class="dictionary">employee</span>&#x2019;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, &#x201C;<span class="dictionary">eligible dependent</span>&#x201D; shall also include the natural or adopted child or children of a <span class="dictionary">deceased person</span> or <span class="dictionary">disabled person</span> born as the result of a pregnancy or adoption that occurred after the time of the <span class="dictionary">employee</span>&#x2019;s death or disability, but prior to July 1, 2017. Eligibility will continue until the end of the year in which the <span class="dictionary">eligible dependent</span> reaches age 26 or when the <span class="dictionary">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.
			&#x201C;<span class="dictionary">Eligible spouse</span>&#x201D; for purposes of continued health insurance pursuant to &#xA7; <a class="law" title="Continued health insurance coverage for disabled persons, eligible spouses, and eligible dependents" href="/9.1-401/">9.1-401</a> means the spouse of a <span class="dictionary">deceased person</span> or a <span class="dictionary">disabled person</span> at the time of the death or disability. Eligibility will continue until the <span class="dictionary">eligible spouse</span> dies, ceases to be married to a <span class="dictionary">disabled person</span>, or in the case of the spouse of a <span class="dictionary">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.
			&#x201C;<span class="dictionary">Employee</span>&#x201D; 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 <span class="dictionary">disabled person</span> or a <span class="dictionary">deceased person</span>.
			&#x201C;Employer&#x201D; means (i) the employer of a person who is a covered <span class="dictionary">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 &#x201C;<span class="dictionary">deceased person</span>,&#x201D; the county, city, or town that by <span class="dictionary">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.
			&#x201C;<span class="dictionary">Fund</span>&#x201D; means the <span class="dictionary">Line of Duty</span> Death and Health Benefits Trust <span class="dictionary">Fund</span> established pursuant to &#xA7; <a class="law" title="Line of Duty Death and Health Benefits Trust Fund" href="/9.1-400.1/">9.1-400.1</a>.
			&#x201C;<span class="dictionary">Line of duty</span>&#x201D; means any action the deceased or <span class="dictionary">disabled person</span> was obligated or authorized to perform by rule, regulation, condition of employment or service, or <span class="dictionary">law</span>.
			&#x201C;<span class="dictionary">LODA Health Benefit Plans</span>&#x201D; means the separate health benefits plans established pursuant to &#xA7; <a class="law" title="Continued health insurance coverage for disabled persons, eligible spouses, and eligible dependents" href="/9.1-401/">9.1-401</a>.
			&#x201C;<span class="dictionary">Nonparticipating employer</span>&#x201D; means any employer that is a political subdivision of the Commonwealth that elected to directly <span class="dictionary">fund</span> the cost of benefits provided under this chapter and not participate in the <span class="dictionary">Fund</span>.
			&#x201C;<span class="dictionary">Participating employer</span>&#x201D; 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 <span class="dictionary">nonparticipating employer</span>.
			&#x201C;<span class="dictionary">Private police officer</span>&#x201D; means the same as that term is defined in &#xA7; <a class="law" title="(Effective July 1, 2026) Definitions" href="/9.1-101/">9.1-101</a>.
			&#x201C;<span class="dictionary">Private police department</span>&#x201D; means the same as that term is defined in &#xA7; <a class="law" title="(Effective July 1, 2026) Definitions" href="/9.1-101/">9.1-101</a>.
			&#x201C;<span class="dictionary">VRS</span>&#x201D; means the Virginia Retirement System. <a id="paragraph-199718" class="section-permalink" href="https://vacode.org/9.1-400/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Nothing in this chapter shall be construed as applying to any nonprofit private institution of higher education, as defined in &#xA7; <a class="law" title="Definitions" href="/23.1-100/">23.1-100</a>, that is not a <span class="dictionary">contributing nonprofit private institution of higher education</span> or any <span class="dictionary">private police department</span> that is not a <span class="dictionary">contributing <span class="dictionary">private police department</span></span>. <a id="paragraph-199719" class="section-permalink" href="https://vacode.org/9.1-400/#C"><i class="fa fa-link"/></a></p></section></text><history>1995, cc. 112, 156, 597, &#xA7;&#xA7; 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.</history><metadata></metadata></law>
