                                 CODE OF VIRGINIA

LINE OF DUTY DEATH AND HEALTH BENEFITS TRUST FUND (§ 9.1-400.1)

A. There is hereby established a permanent and perpetual fund to be known as the
Line of Duty Death and Health Benefits Trust Fund, consisting of such moneys as
may be appropriated by the General Assembly; contributions or reimbursements
from participating and nonparticipating employers, from contributing nonprofit
private institutions of higher education, and from contributing private police
departments; gifts, bequests, endowments, or grants from the United States
government or its agencies or instrumentalities; net income from the investment
of moneys held in the Fund; and any other available sources of funds, public and
private. Any moneys remaining in the Fund at the end of a biennium shall not
revert to the general fund but shall remain in the Fund. Interest and income
earned from the investment of such moneys shall remain in the Fund and be
credited to it. The moneys in the Fund shall be (i) deemed separate and
independent trust funds, (ii) segregated and accounted for separately from all
other funds of the Commonwealth, and (iii) administered solely in the interests
of the persons who are covered under the benefits provided pursuant to this
chapter. Deposits to and assets of the Fund shall not be subject to the claims
of creditors.

B. The Virginia Retirement System shall invest, reinvest, and manage the assets
of the Fund as provided in &#xA7; 51.1-124.39 and shall be reimbursed from the
Fund for such activities as provided in that section.

C. The Fund shall be used to provide the benefits under this chapter 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 to pay
related administrative costs.

D. Each participating employer, contributing nonprofit private institution of
higher education, and contributing private police department shall make annual
contributions to the Fund and provide information as determined by VRS. The
amount of the contribution for each participating employer, contributing
nonprofit private institution of higher education, and contributing private
police department shall be determined on a current disbursement basis in
accordance with the provisions of this section. For purposes of establishing
contribution amounts for participating employers, a member of any fire company
or department or rescue squad that has been recognized by an ordinance or a
resolution of the governing body of any locality of the Commonwealth as an
integral part of the official safety program of such locality shall be
considered part of the locality served by the company, department, or rescue
squad. If a company, department, or rescue squad serves more than one locality,
the affected localities shall determine the basis and apportionment of the
required covered payroll and contributions for each company, department, or
rescue squad.
			If any participating employer, contributing nonprofit private institution of
higher education, or contributing private police department fails to remit
contributions or other fees or costs associated with the Fund, VRS shall inform
the State Comptroller and the affected participating employer, contributing
nonprofit private institution of higher education, or contributing private
police department of the delinquent amount. In calculating the delinquent
amount, VRS may impose an interest rate of one percent per month of delinquency.
The State Comptroller shall forthwith transfer such delinquent amount, plus
interest, from any moneys otherwise distributable to such participating
employer. In the case of a contributing nonprofit private institution of higher
education or a contributing private police department, VRS may employ reasonable
methods to collect the delinquent amount, including the procedures set forth in
the Virginia Debt Collection Act (&#xA7; 2.2-4800 et seq.).

HISTORY: 2016, c. 677; 2017, c. 439; 2025, cc. 204, 219.