                                 CODE OF VIRGINIA

TITLE OF CHAPTER; DEFINITIONS (§ 9.1-400)

A. This chapter shall be known and designated as the Line of Duty Act.

B. As used in this chapter, unless the context requires a different meaning:
			&#8220;Beneficiary&#8221; 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.
			&#8220;Contributing nonprofit private institution of higher education&#8221;
means a nonprofit private institution of higher education, as defined in &#xA7;
23.1-100, that has (i) established a campus police department pursuant to &#xA7;
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.
			&#8220;Contributing private police department&#8221; 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.
			&#8220;Deceased person&#8221; 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 &#xA7;&#xA7;
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
&#xA7; 53.1-10 to investigate allegations of criminal behavior affecting the
operations of the Department of Corrections, employees designated pursuant to
&#xA7; 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 &#xA7;
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 &#xA7;
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 &#xA7; 29.1-200; (xii)
a commissioned forest warden appointed under the provisions of &#xA7; 10.1-1135;
(xiii) a member or employee of the Virginia Marine Resources Commission granted
the power of arrest pursuant to &#xA7; 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 &#xA7;
44-146.16, that has been or is later declared to exist under the authority of
the Governor in accordance with &#xA7; 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 &#xA7;
44-146.16, that has been or is later declared to exist under the authority of
the Governor in accordance with &#xA7; 44-146.28 or a local emergency, as
defined in &#xA7; 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 &#xA7; 10.1-115; (xviii) a full-time sworn member of
the enforcement division of the Department of Motor Vehicles appointed pursuant
to &#xA7; 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.
			&#8220;Disabled person&#8221; 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 &#xA7;&#xA7; 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. &#8220;Disabled person&#8221;
does not include any individual who has been determined to be no longer disabled
pursuant to subdivision A 2 of &#xA7; 9.1-404. &#8220;Disabled person&#8221;
includes any state employee included in the definition of a deceased person who
was disabled on or after January 1, 1966.
			&#8220;Eligible dependent&#8221; for purposes of continued health insurance
pursuant to &#xA7; 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&#8217;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&#8217;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&#8217;s death or disability or (ii) adopted more than six months after
the employee&#8217;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, &#8220;eligible
dependent&#8221; 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&#8217;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.
			&#8220;Eligible spouse&#8221; for purposes of continued health insurance
pursuant to &#xA7; 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.
			&#8220;Employee&#8221; 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.
			&#8220;Employer&#8221; 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 &#8220;deceased
person,&#8221; 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.
			&#8220;Fund&#8221; means the Line of Duty Death and Health Benefits Trust
Fund established pursuant to &#xA7; 9.1-400.1.
			&#8220;Line of duty&#8221; means any action the deceased or disabled person
was obligated or authorized to perform by rule, regulation, condition of
employment or service, or law.
			&#8220;LODA Health Benefit Plans&#8221; means the separate health benefits
plans established pursuant to &#xA7; 9.1-401.
			&#8220;Nonparticipating employer&#8221; 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.
			&#8220;Participating employer&#8221; 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.
			&#8220;Private police officer&#8221; means the same as that term is defined
in &#xA7; 9.1-101.
			&#8220;Private police department&#8221; means the same as that term is
defined in &#xA7; 9.1-101.
			&#8220;VRS&#8221; means the Virginia Retirement System.

C. Nothing in this chapter shall be construed as applying to any nonprofit
private institution of higher education, as defined in &#xA7; 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.

HISTORY: 1995, cc. 112, 156, 597, §§ 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.