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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD3632440Be it enacted by the General Assembly of Virginia:
1. That §§ 15.1-136.2, 15.1-136.3, 15.1-136.5:1 and 15.1-136.6:1 of the Code of Virginia are amended and reenacted as follows:
§ 15.1-136.2. Definitions.
For the purposes of this article the following words shall have the meanings herein ascribed to them:
"Deceased" shall mean means any person whose death
occurs on or after April 8, 1972, as the direct or proximate result of the
performance of his duty, including excluding the
presumptions under §§ 27-40.1, 27-40.2, 51.1-813, and 65.2-402, as
a law-enforcement officer of this Commonwealth or any of its political
subdivisions; a correctional officer as defined in § 53.1-1; a jail officer;
a sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the
City of Richmond; a member of any fire company or department or rescue squad
which has been recognized by an ordinance or a resolution of the governing
body of any county, city or town of this Commonwealth as an integral part of
the official safety program of such county, city or town; a member of the
Virginia National Guard or the Virginia State Defense Force while such member
is serving in the Virginia National Guard or the Virginia State Defense Force
on official state duty or federal duty under Title 32 of the United States
Code; any special agent of the Virginia Alcoholic Beverage Control Board;
any agent, investigator, or inspector vested with the power to arrest
pursuant to § 56-334; any regular or special game warden who receives
compensation from a county, city or town or from the Commonwealth appointed
pursuant to the provisions of § 29.1-200; any commissioned forest warden
appointed under the provisions of § 10.1-1135; any member or employee of the
Virginia Marine Resources Commission granted the power of arrest pursuant to
§ 28.2-900; or any conservation officer of the Department of Conservation and
Recreation commissioned pursuant to § 10.1-115.
"Beneficiary" shall mean means the spouse of the
deceased and such person or persons as are entitled to take under the will of
the deceased if testate, or as his heir at law if intestate.
§ 15.1-136.3. Payments to beneficiaries of certain deceased law-enforcement officers, firefighters, etc.
In gratitude to and in recognition of every deceased for his sacrifice on
behalf of the people of this Commonwealth, his beneficiary shall be entitled
to receive the sum of $25,000 50,000, which shall be payable
out of the general fund of the state treasury.
§ 15.1-136.5:1. Order of Comptroller.
If it shall appear to the Comptroller that the requirements of this article
shall have been satisfied, he shall issue his warrant for the payment out of
the general fund of the state treasury the sum of $25,000
50,000 in the aggregate, to the surviving spouse or to such persons
and subject to such conditions as may be proper in his administrative
discretion and in the event there is no beneficiary, the Comptroller shall
issue such payment to the estate of the deceased.
§ 15.1-136.6:1. Appeal from decision of Comptroller.
Any beneficiary aggrieved by the decision of the Comptroller shall present a
petition to the court in which the will of the deceased is probated or in
which the personal representative of the deceased is qualified or might
qualify. The Commonwealth shall be represented in such proceeding by
the Attorney General or his designee. The court will proceed as
chancellor without a jury. If it shall appear to the court that the
requirements of this article shall have been satisfied, the judge thereof
shall enter a proper order to that effect, which order also shall direct the
Comptroller to issue his warrant for the payment out of the general fund of
the state treasury the sum of $25,000 50,000 in the aggregate
to such persons and subject to such conditions as may be proper and in the
event there is no beneficiary, the judge shall direct such payment to the
estate of the deceased.