Code of Virginia
Chapter 1 - Virginia Retirement System
§ 51.1-162. Death before retirement

A. 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 a surviving relative according to the order of precedence set forth in this section. This amount shall be reduced by the amount of any retirement allowance previously received by the member under this chapter or the abolished system. 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 in a manner prescribed by the Board.
If no designation has been made, or the death of the designated person occurs prior to the death of the member and another designation has not 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.
B. To the extent required by § 401(a)(37) of the Internal Revenue Code, as amended or renumbered, and the regulations thereunder applicable to governmental plans, if a member dies in service, including a member performing active duty military service in the armed forces of the United States, and if no benefits are payable under subsection C of this section, a retirement allowance shall be paid to the person or persons designated as provided in subsection A of this section if the person is the member's (i) surviving spouse, (ii) minor child, or (iii) parent(s). If no designation has been made, or if the death of the designated person occurs prior to the death of the member and another designation has not been made, a retirement allowance shall be paid in the following order of precedence to the member's (a) surviving spouse, (b) minor children, or (c) parent(s). 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. If more than one parent 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 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 55 on his date of death. However, if the member dies in service prior to his sixtieth birthday and is (1) a person who becomes a member on or after July 1, 2010, (2) a member who does not have at least 60 months of creditable service as of January 1, 2013, or (3) a member of the hybrid retirement program described in § 51.1-169, then, for purposes of this subsection, the member shall be presumed to be age 60 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, the amount of the member's accumulated contributions or lump sum payment 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, 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, divided in a manner determined by the Board, shall be paid to the member's parents during their lives.
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 50 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.
1960, c. 604, § 51-111.58:1; 1962, c. 438; 1966, c. 174; 1970, c. 476; 1972, c. 568; 1973, c. 523; 1974, c. 353; 1977, c. 620; 1986, c. 474; 1988, cc. 531, 540; 1990, c. 832; 1998, c. 407; 1999, cc. 111, 510; 2001, c. 683; 2002, c. 313; 2009, cc. 22, 362; 2011, c. 880; 2014, c. 356; 2015, c. 660.

Structure Code of Virginia

Code of Virginia

Title 51.1 - Pensions, Benefits, and Retirement

Chapter 1 - Virginia Retirement System

§ 51.1-100. Repealed

§ 51.1-124.1. Virginia Retirement System established

§ 51.1-124.2. Virginia Supplemental Retirement System continued as Virginia Retirement System

§ 51.1-124.3. Definitions

§ 51.1-124.4. Exemption of assets from taxation; exemption of benefits and assets from execution and assignment; trust funds; unclaimed property; eligible rollover distribution

§ 51.1-124.5. Disclosure of social security account numbers

§ 51.1-124.6. Benefits to be paid monthly

§ 51.1-124.7. Distribution of assets upon repeal of system

§ 51.1-124.8. Persons affected by changes in retirement benefits

§ 51.1-124.9. Changes or errors in records resulting in erroneous payments; employer liability

§ 51.1-124.10. Falsification of records; penalty

§ 51.1-124.11. Recovery of payments procured by fraud, false statement, etc.

§ 51.1-124.12. Procedure when employer required to withdraw funds

§ 51.1-124.13. Loss of benefits; certain felony convictions

§ 51.1-124.14. Reserved

§ 51.1-124.20. Board of Trustees; membership; terms; quorum; compensation and expenses

§ 51.1-124.21. Application of State and Local Government Conflict of Interests Act

§ 51.1-124.22. Board to administer Retirement System; powers and duties

§ 51.1-124.23. Medical boards

§ 51.1-124.24. Chief investment officer; qualifications; duties

§ 51.1-124.25. Existing advisory committees of the Virginia Retirement System abolished

§ 51.1-124.26. Advisory Committees to the Board of Trustees; membership; terms; qualifications; duties

§ 51.1-124.27. Employees of the Retirement System

§ 51.1-124.28. Legal representation in criminal matters

§ 51.1-124.29. Reserved

§ 51.1-124.30. Board as trustee of funds; investments; standard of care; liability for losses

§ 51.1-124.30:1. Adoption of stress testing and reporting policies

§ 51.1-124.31. Pooling of assets for investment

§ 51.1-124.32. Exemption from Public Procurement Act

§ 51.1-124.33. Deposit of trust funds not an investment; authorized deposits

§ 51.1-124.34. Retention of investments that become ineligible

§ 51.1-124.35. Investment provisions exclusive

§ 51.1-124.36. Investment of assets of the Commonwealth Health Research Fund

§ 51.1-124.37. Investment of assets of the Commonwealth's Attorneys Training Fund

§ 51.1-124.38. Repealed

§ 51.1-124.39. Investment of assets of the Line of Duty Death and Health Benefits Trust Fund

§ 51.1-124.40. Investment of assets of the Opioid Abatement Fund

§ 51.1-125. Persons composing membership; persons holding more than one position

§ 51.1-126. Employees of institutions of higher education

§ 51.1-126.1. Certain employees of teaching hospitals

§ 51.1-126.2. Repealed

§ 51.1-126.3. Employees of the University of Virginia Medical Center

§ 51.1-126.4. Employees of the Virginia Port Authority

§ 51.1-126.5. Defined contribution plan for eligible members

§ 51.1-126.6. Certain employees of public school divisions

§ 51.1-126.7. Employees of the Virginia Outdoors Foundation

§ 51.1-126.8. Maximum contributions to optional plans; coordination of limits

§ 51.1-127. Federal Employees' Retirement System

§ 51.1-128. Cessation of membership

§ 51.1-129. Limitation on membership

§ 51.1-130. Resolution of governing body; approval by Board

§ 51.1-131. Local pension systems; transfer to retirement system

§ 51.1-132. Eligible employees

§ 51.1-133. Limitation on membership

§ 51.1-134. Optional membership; creditable service

§ 51.1-135. Compulsory membership

§ 51.1-136. Submitting information and performing duties prescribed by Board

§ 51.1-137. Computation of employer contribution rates; reimbursement by Commonwealth

§ 51.1-137.1. Certain local data to be provided

§ 51.1-138. Benefits

§ 51.1-139. Procedure when employer in default

§ 51.1-140. Repealed

§ 51.1-141. Service equivalents

§ 51.1-142. Repealed

§ 51.1-142.2. Prior service or membership credit for certain members; service credit for accumulated sick leave

§ 51.1-142.3. Purchase of additional prior service credit by certain school division superintendents

§ 51.1-143. Repealed

§ 51.1-143.1. Portability of service credit between the Virginia Retirement System and certain political subdivisions of the Commonwealth

§ 51.1-144. Member contributions

§ 51.1-145. (Effective until July 1, 2024) Employer contributions

§ 51.1-145. (Effective July 1, 2024) Employer contributions

§ 51.1-146. Failure to report or pay contributions or insurance premiums

§ 51.1-147. Members' contribution account

§ 51.1-148. Retirement allowance account

§ 51.1-149. Appointment of custodian; payments

§ 51.1-150. Deposits

§ 51.1-151. Repealed

§ 51.1-152. Limitations on average final compensation

§ 51.1-153. Service retirement

§ 51.1-154. Compulsory service retirement

§ 51.1-155. Service retirement allowance

§ 51.1-155.1. Exceptions from general early retirement provisions for certain state employees and constitutional officers

§ 51.1-155.2. Exceptions from general early retirement provisions for certain local government officials

§ 51.1-156. Disability retirement

§ 51.1-157. Disability retirement allowance

§ 51.1-158. Reduction of benefits for acceptance of lump-sum settlement under Workers' Compensation Act

§ 51.1-159. Medical examinations of persons retired for disability

§ 51.1-160. Cessation of disability retirement allowance

§ 51.1-161. Withdrawal of contributions before retirement

§ 51.1-162. Death before retirement

§ 51.1-163. Death after retirement

§ 51.1-164. Repealed

§ 51.1-165. Optional benefits

§ 51.1-165.01. Partial lump-sum option for payment of retirement allowance

§ 51.1-165.1. Acknowledgment by spouse of member

§ 51.1-166. Post-retirement supplements generally

§ 51.1-167. Retirement allowance to be reduced in certain cases

§ 51.1-168. Limits on creditable compensation; maximum benefits; mandatory payment of allowance

§ 51.1-169. Hybrid retirement program