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1999 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 51.1-162 and 51.1-207 of the Code of Virginia are amended and reenacted as follows:
§ 51.1-162. Death before retirement.
A. Each member shall designate who is to receive a refund of accumulated contributions credited to his account in the event of the death of the member prior to retirement. The designation must be made on a form prepared by the Board, signed and acknowledged by the member before a person authorized to take acknowledgments, and filed in a manner prescribed by the Board. The designation may be changed by the member by the written designation of some other person, signed, acknowledged, and filed in a manner prescribed by the Board. If the death of the designated person occurs prior to the death of the member and another designation has not been made, payment shall be made to the executors or administrators of the estate of the member.
If no designation has been made, the proceeds shall be paid to the persons surviving at the death of the member in the following order of precedence:
First, to the spouse of the member;
Second, if no surviving spouse, to the children of the member and descendants of deceased children, per stirpes;
Third, if none of the above, to the parents of the member;
Fourth, if none of the above, to the duly appointed executor or administrator of the estate of the member;
Fifth, if none of the above, to other next of kin of the member entitled under the laws of the domicile of the member at the time of his death.
If a member dies before retirement, and if no benefits are payable under subsection B, the amount of his accumulated contributions shall be paid to the designated beneficiary or to the persons qualifying in the order of precedence. This amount shall be reduced by the amount of any retirement allowance previously received by the member under this chapter or the abolished system.
B. If a member dies in service and if no benefits are payable under subsection
C of this section, a retirement allowance shall be paid to the person
designated as provided in subsection A of this section if the person is the (i)
surviving spouse, (ii) minor child, (iii) wholly dependent mother, or (iv)
wholly dependent father of the member. If no designation has been made, a
retirement allowance shall be paid in the following order of precedence to the
(i) surviving spouse, (ii) minor child, (iii) wholly dependent mother, or (iv)
wholly dependent father of the member. The retirement allowance shall be paid
to the first person qualifying in the orders of precedence set out in this
subsection. If more than one minor child survives the deceased member, the
allowance shall be divided among them in a manner determined by the Board. The
retirement allowance shall be continued during the lifetime of the person or in
the case of a minor child until the child dies or attains the age of majority,
whichever occurs first. If a member dies prior to attaining his sixty-fifth
birthday, the allowance shall equal one-half of the retirement allowance that would
have been payable to the member had the member retired for early service retirement
on the date of his death and elected to have his allowance payable under the
joint and last-survivor option so that one-half thereof would be continued to
such person after the member's death. In the case of a member who had not
attained his fifty-fifth birthday at his date of death, it shall be assumed
that the member's age at his date of death is fifty-five for the purpose of
reducing the benefit on an actuarial equivalent basis. If a member dies after
attaining his sixty-fifth birthday, the allowance shall equal the decreased
retirement allowance that would have been payable to the member had the member
retired at his normal retirement age on the date of his death and elected to
have his allowance payable under the joint and last-survivor option so that the
same amount would be continued to such person after the member's death. The
retirement allowance shall equal the decreased retirement allowance that would have been
payable under the joint and survivor option so that the same amount would be continued to
such person after the member’s death. If the member dies prior to his
fifty-fifth birthday, then, for purposes of this subsection, the member shall be
presumed to be age fifty-five on his date of death. When determining the
allowance that would have been payable to the member had the member retired on the
date of his death, the provisions of subdivision A 4 of § 51.1-155 shall not
apply. If the person elects in writing under seal and duly acknowledged, the amount
of the member's accumulated contributions shall be paid to him exclusively, in lieu
of any other benefits under this section. This amount shall be reduced by the
amount of any retirement allowance previously received by the member under this
chapter.
C. If a member dies in service from a cause compensable under the Virginia Workers' Compensation Act (§ 65.2-100 et seq.), a retirement allowance shall be paid to the member's surviving spouse. If no compensation is finally awarded under the Virginia Workers' Compensation Act due to legal proceedings or otherwise resulting in settlement from the persons causing such death, the Virginia Workers' Compensation Commission shall determine whether the member's death was from a cause compensable under the Virginia Workers' Compensation Act. If the member leaves no surviving spouse or the surviving spouse dies or remarries, any minor children of the deceased member shall be paid an allowance until the children die or attain the age of majority, whichever occurs first. If more than one minor child survives the deceased member, the allowance shall be divided in a manner determined by the Board. If the deceased member leaves neither surviving spouse nor minor child, the allowance shall be paid to the member's parents wholly dependent upon him for support, divided in a manner determined by the Board, during the lives of the parents.
The retirement allowance payable hereunder to a qualifying survivor shall be the annual amount which when added to the compensation payable under the Virginia Workers' Compensation Act for the death of the member equals fifty percent of the member's average final compensation if the survivor does not qualify for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member. If the survivor qualifies for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member, the allowance payable from the retirement system when added to the compensation payable under the Virginia Workers' Compensation Act shall equal thirty-three and one-third percent of the member's average final compensation.
Any beneficiary entitled to the entire amount of a retirement allowance under the provisions of this subsection as a result of the death of a member shall be entitled to waive his rights to the allowance by written notification to the Board within ninety days after the death of the member in order to make available a retirement allowance under the provisions of subsection B of this section.
§ 51.1-207. Death before retirement.
A. Each member shall designate who is to receive a refund of accumulated contributions credited to his account in the event of the death of the member prior to retirement. The designation must be made on a form prepared by the Board, signed and acknowledged by the member before a person authorized to take acknowledgments, and filed in a manner prescribed by the Board. The designation may be changed by the member by the written designation of some other person, signed, acknowledged, and filed in a manner prescribed by the Board. If the death of the designated person occurs prior to the death of the member and another designation has not been made, payment shall be made to the executors or administrators of the estate of the member.
If no designation has been made, the proceeds shall be paid to the persons surviving at the death of the member in the following order of precedence:
First, to the spouse of the member;
Second, if no surviving spouse, to the children of the member and descendants of deceased children, per stirpes;
Third, if none of the above, to the parents of the member;
Fourth, if none of the above, to the duly appointed executor or administrator of the estate of the member;
Fifth, if none of the above, to other next of kin of the member entitled under the laws of the domicile of the member at the time of his death.
If a member dies at any time before retirement and if no benefits are payable under subsection B, the amount of his accumulated contributions shall be paid to the designated beneficiary or to the persons qualifying in the order of precedence. This amount shall be reduced by the amount of any retirement allowance previously received by the member.
B. If a member dies in service and if no benefits are payable under subsection
C, a retirement allowance shall be paid to the person designated as provided in
subsection A of this section if the person is the (i) surviving spouse, (ii)
minor child, (iii) wholly dependent mother, or (iv) wholly dependent father of
the member. If no designation has been made, a retirement allowance shall be
paid in the following order of precedence to the (i) surviving spouse, (ii)
minor child, (iii) wholly dependent mother, or (iv) wholly dependent father of
the member. The retirement allowance shall be paid to the first person
qualifying in the orders of precedence set out in this subsection. If more than
one minor child survives the deceased member, the allowance shall be divided
among them in a manner determined by the Board. The retirement allowance shall
be continued during the lifetime of the person or in the case of a minor child
until the child dies or attains the age of majority, whichever occurs first.
The allowance shall equal one-half of the retirement allowance that would have
been payable to the member had the member retired for early service retirement
on the date of his death and elected to have his allowance payable under the
joint and last-survivor option so that one-half thereof would be continued to
such person after the member's death. In the case of a member who had not
attained his fiftieth birthday at his date of death, it shall be assumed that
the member's age at his date of death is fifty for the purpose of reducing the
benefit on an actuarial equivalent basis. If a member dies after attaining his
sixtieth birthday, the allowance shall equal the decreased retirement allowance
that would have been payable to the member had the member retired at his normal
retirement age on the date of his death and elected to have his allowance
payable under the joint and last-survivor option so that the same amount would
be continued to such person after the member's death. The retirement allowance
shall equal the decreased retirement allowance that would have been payable under the
joint and survivor option so that the same amount would be continued to such person after
the member’s death. If the member dies prior to his fiftieth birthday, then,
for purposes of this subsection, the member shall be presumed to be age fifty on his
date of death. When determining the allowance that would have been payable to
the member had the member retired on the date of his death, the provisions of
subsection B of § 51.1-206 shall not apply. If the person elects in writing
under seal and duly acknowledged, the amount of the member's accumulated
contributions shall be paid to the person exclusively, in lieu of any other
benefits under this section. This amount shall be reduced by the amount of any
retirement allowance previously received by the member.
C. If a member dies in service from a cause compensable under the Virginia Workers' Compensation Act (§ 65.2-100 et seq.), a retirement allowance shall be paid to the member's surviving spouse. If no compensation is finally awarded under the Virginia Workers' Compensation Act due to legal proceedings or otherwise resulting in settlement from the persons causing such death, the Virginia Workers' Compensation Commission shall determine whether the member's death was from a cause compensable under the Virginia Workers' Compensation Act. If the member leaves no surviving spouse, or the surviving spouse dies or remarries, any minor children of the deceased member shall be paid an allowance until the children die or attain the age of majority, whichever occurs first. If more than one minor child survives the deceased member, the allowance shall be divided in a manner determined by the Board. If the deceased member leaves neither surviving spouse nor minor child, the allowance shall be paid to the member's parents wholly dependent upon him for support, divided in a manner determined by the Board, during the lives of the parents.
The retirement allowance, payable hereunder to a qualifying survivor, shall be the annual amount which when added to the compensation payable under the Virginia Workers' Compensation Act for the death of the member, shall equal fifty percent of the member's average final compensation if the survivor does not qualify for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member. If the survivor qualifies for death benefits under the provisions of the Social Security Act in effect on the date of the death of the member, the allowance payable from the retirement system when added to the compensation payable under the Virginia Workers' Compensation Act shall equal thirty-three and one-third percent of the member's average final compensation.
Any beneficiary entitled to the entire amount of a retirement allowance under the provisions of this subsection as a result of the death of a member shall be entitled to waive his rights to the allowance by written notification to the Board within ninety days after the death of the member in order to make available a retirement allowance under the provisions of subsection B of this section.