                                 CODE OF VIRGINIA

PAYMENTS FOR BURIAL EXPENSES (§ 9.1-402.1)

It is the intent of the General Assembly that expeditious payments for burial
expenses be made for deceased persons whose death is determined to be a direct
and proximate result of their performance in the line of duty as defined by the
Line of Duty Act. Upon the approval of VRS, at the request of the family of a
person who may be subject to the line of duty death benefits, payments shall be
made to a funeral service provider for burial and transportation costs by the
nonparticipating employer or from the Fund on behalf of a participating
employer, a contributing nonprofit private institution of higher education, or a
contributing private police department, as applicable. These payments would be
advanced from the death benefit that would be due to the beneficiary of the
deceased person if it is determined that the person qualifies for line of duty
coverage. Expenses advanced under this provision shall not exceed the coverage
amounts outlined in § 65.2-512. In the event that a determination is made that
the death is not subject to the line of duty benefits (i) in the case of an
employer that is a state agency or political subdivision of the Commonwealth,
VRS or other Virginia governmental retirement fund of which the deceased is a
member will deduct from benefit payments otherwise due to be paid to the
beneficiaries of the deceased payments previously paid for burial and related
transportation expenses and return such funds to the nonparticipating employer
or to the Fund on behalf of a participating employer, as applicable, and (ii) in
the case of a contributing nonprofit private institution of higher education or
a contributing private police department, VRS (a) will deduct from benefit
payments otherwise due to be paid to the beneficiaries of the deceased payments
previously paid for burial and related transportation expenses and return such
funds to the Fund and (b) may employ reasonable methods, including the
procedures set forth in the Virginia Debt Collection Act (§ 2.2-4800 et seq.),
to recover from the deceased person&#8217;s estate any payments previously paid
for burial and related transportation expenses and return such funds to the
Fund. The Virginia Retirement System shall have the right to file a claim with
the Virginia Workers&#8217; Compensation Commission against any employer to
recover burial and related transportation expenses advanced under this
provision.

HISTORY: 2012, cc. 90, 576; 2016, c. 677; 2025, cc. 204, 219.