                                 CODE OF VIRGINIA

DEATH BEFORE RETIREMENT (§ 51.1-207)

A. If a member dies before retirement, and if no benefits are payable under
subsection B, the amount of his accumulated contributions shall be paid to the
designated beneficiary or to a surviving relative according to the same order of
precedence as set forth in subsection A of &#xA7; 51.1-162. This amount shall be
reduced by the amount of any retirement allowance previously received by the
member under this chapter or the abolished system. Each member shall designate
who is to receive a refund of accumulated contributions credited to his account
in the event of the death of the member prior to retirement. The designation
must be made on a form prepared by the Board, signed and filed in a manner
prescribed by the Board. The designation may be changed by the member by the
written designation of some other person, signed and filed in a manner
prescribed by the Board.
			If no designation has been made, or the death of the designated person occurs
prior to the death of the member and another designation has not been made, the
proceeds shall be paid to the persons surviving at the death of the member in
the same order of precedence as set forth in subsection A of &#xA7; 51.1-162.

B. To the extent required by &#xA7; 401(a)(37) of the Internal Revenue Code, as
amended or renumbered, and the regulations thereunder applicable to governmental
plans, if a member dies in service, including a member performing active duty
military service in the armed forces of the United States, and if no benefits
are payable under subsection C, a retirement allowance shall be paid to the
person designated as provided in subsection A of this section if the person is
the member&#8217;s (i) surviving spouse, (ii) minor child, or (iii) parent(s).
If no designation has been made, or if the death of the designated person occurs
prior to the death of the member and another designation has not been made, a
retirement allowance shall be paid in the same order of precedence as set forth
in subsection B of &#xA7; 51.1-162. The retirement allowance shall be continued
during the lifetime of the person or in the case of a minor child until the
child dies or attains the age of majority, whichever occurs first. The
retirement allowance shall equal the decreased retirement allowance that would
have been payable under the joint and survivor option so that the same amount
would be continued to such person after the member&#8217;s death. If the member
dies prior to his fiftieth birthday, then, for purposes of this subsection, the
member shall be presumed to be age 50 on his date of death. When determining the
allowance that would have been payable to the member had the member retired on
the date of his death, the provisions of subsection B of &#xA7; 51.1-206 shall
not apply. If the person elects in writing, the amount of the member&#8217;s
accumulated contributions shall be paid to the person exclusively, in lieu of
any other benefits under this section. This amount shall be reduced by the
amount of any retirement allowance previously received by the member.

C. If a member dies in service from a cause compensable under the Virginia
Workers&#8217; Compensation Act (&#xA7; 65.2-100 et seq.), a retirement
allowance shall be paid to the member&#8217;s surviving spouse. If no
compensation is finally awarded under the Virginia Workers&#8217; Compensation
Act due to legal proceedings or otherwise resulting in settlement from the
persons causing such death, the Virginia Workers&#8217; Compensation Commission
shall determine whether the member&#8217;s death was from a cause compensable
under the Virginia Workers&#8217; Compensation Act. If the member leaves no
surviving spouse or the surviving spouse dies, any minor children of the
deceased member shall be paid an allowance until the children die or attain the
age of majority, whichever occurs first. If more than one minor child survives
the deceased member, the allowance shall be divided in a manner determined by
the Board. If the deceased member leaves neither surviving spouse nor minor
child, the allowance, divided in a manner determined by the Board, shall be paid
to the member&#8217;s parents during their lives.
			The retirement allowance, payable hereunder to a qualifying survivor, shall
be the annual amount which when added to the compensation payable under the
Virginia Workers&#8217; Compensation Act for the death of the member, shall
equal 50 percent of the member&#8217;s average final compensation if the
survivor does not qualify for death benefits under the provisions of the Social
Security Act in effect on the date of the death of the member. If the survivor
qualifies for death benefits under the provisions of the Social Security Act in
effect on the date of the death of the member, the allowance payable from the
retirement system when added to the compensation payable under the Virginia
Workers&#8217; Compensation Act shall equal thirty-three and one-third percent
of the member&#8217;s average final compensation.
			Any beneficiary entitled to the entire amount of a retirement allowance under
the provisions of this subsection as a result of the death of a member shall be
entitled to waive his rights to the allowance by written notification to the
Board within 90 days after the death of the member in order to make available a
retirement allowance under the provisions of subsection B.

HISTORY: Code 1950, §§ 51-136.1, 51-156; 1954, c. 139; 1958, c. 624; 1966, c.
628; 1970, c. 657; 1972, c. 568; 1973, c. 523; 1974, c. 353; 1976, c. 654; 1986,
c. 474; 1988, cc. 531, 540; 1989, c. 484; 1990, c. 832; 1998, c. 407; 1999, cc.
111, 510; 2001, c. 683; 2002, c. 313; 2009, c. 22; 2012, c. 696; 2015, c. 660.