                                 CODE OF VIRGINIA

CLAIM FOR PAYMENT; COSTS (§ 9.1-403)

A. Every beneficiary, disabled person or his spouse, or dependent of a deceased
or disabled person shall present his claim to the chief officer, or his
designee, of the employer for which the disabled or deceased person last worked
on forms to be provided by VRS. Upon receipt of a claim, the chief officer or
his designee shall forward the claim to VRS within seven days. The Virginia
Retirement System shall determine eligibility for benefits under this chapter.
The Virginia Retirement System may request assistance in obtaining information
necessary to make an eligibility determination from the Department of State
Police. The Department of State Police shall take action to conduct the
investigation as expeditiously as possible. The Department of State Police shall
be reimbursed from the Fund or the nonparticipating employer, as applicable, for
the cost of searching for and obtaining information requested by VRS. The
Virginia Retirement System shall be reimbursed for the reasonable costs incurred
for making eligibility determinations by nonparticipating employers or from the
Fund on behalf of participating employers, contributing nonprofit private
institutions of higher education, or contributing private police departments, as
applicable. If any nonparticipating employer fails to reimburse VRS for
reasonable costs incurred in making an eligibility determination, VRS shall
inform the State Comptroller and the affected nonparticipating employer 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 nonparticipating employer.

B. 1. Within 10 business days of being notified by an employee, or an
employee&#8217;s representative, that such employee is permanently and totally
disabled due to a work-related injury suffered in the line of duty, the agency
or department employing the employee shall provide him with information about
the continued health insurance coverage provided under this chapter and the
process for initiating a claim. The employer shall assist in filing a claim,
unless such assistance is waived by the employee or the employee&#8217;s
representative.

   2. Within 10 business days of having knowledge that a deceased person&#8217;s
   surviving spouse, dependents, or beneficiaries may be entitled to benefits
   under this chapter, the employer for which the deceased person last worked
   shall provide the surviving spouse, dependents, or beneficiaries, as
   applicable, with information about the benefits provided under this chapter
   and the process for initiating a claim. The employer shall assist in filing a
   claim, unless such assistance is waived by the surviving spouse, dependents,
   or beneficiaries.

C. Within 30 days of receiving a claim pursuant to subsection A, an employer may
submit to VRS any evidence that could assist in determining the eligibility of a
claim. However, when the claim involves a presumption under &#xA7; 65.2-402 or
65.2-402.1, VRS shall provide an employer additional time to submit evidence as
is necessary not to exceed nine months from the date the employer received a
claim pursuant to subsection A. Any such evidence submitted by the employer
shall be included in the agency record for the claim.

HISTORY: 1995, c. 156, § 2.1-133.8; 1998, c. 712; 2001, cc. 427, 844; 2007, c.
90; 2009, cc. 393, 580; 2016, c. 677; 2025, cc. 204, 219.