A. All employee benefit trust distributions and any income or other increment thereon are abandoned to the Commonwealth under the provisions of this chapter if the owner has not, within 10 years after it became payable, accepted such distribution, corresponded in writing concerning such distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such trust or fund is established.
B. An employee benefit trust distribution and any income or other increment thereon shall not be presumed abandoned to the Commonwealth under the provisions of this chapter if, at the time such distribution becomes payable to a participant in an employee benefit plan, (i) such plan contains a provision for forfeiture or expressly authorizes the trustee to declare a forfeiture of a distribution to a beneficiary thereof who cannot be found after a period of time specified in such plan and (ii) the trust or fund established under the plan has not terminated prior to the date on which such distribution would become forfeitable in accordance with such provision.
1981, c. 47, § 55-210.10:1; 2000, cc. 733, 745; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 25 - Virginia Disposition of Unclaimed Property Act
§ 55.1-2501. Property presumed abandoned; general rule
§ 55.1-2502. Taking custody of intangible unclaimed property; general rules
§ 55.1-2503. Bank deposits and funds in financial organizations
§ 55.1-2504. Traveler's checks and money orders
§ 55.1-2506. Contents of safe deposit box or other safekeeping repository
§ 55.1-2507. Funds owing under life insurance policies
§ 55.1-2508. Intangible personal property held by insurance corporation subject to § 55.1-2501
§ 55.1-2509. Unclaimed demutualization proceeds
§ 55.1-2510. Deposits held by utilities
§ 55.1-2511. Intangible interest in business association
§ 55.1-2512. Refunds held by business associations
§ 55.1-2513. Property of business associations held in course of dissolution
§ 55.1-2514. Intangible personal property held in fiduciary capacity
§ 55.1-2515. Gift certificates and credit balances
§ 55.1-2517. Intangible property held for owner by public agency
§ 55.1-2518. Property held by courts
§ 55.1-2519. Responsibilities of general receiver and clerk
§ 55.1-2520. Employee benefit trust distribution
§ 55.1-2521. Holder of tangible or intangible personal property may voluntarily report such property
§ 55.1-2522. Certain property not presumed abandoned in the Commonwealth
§ 55.1-2523. Interstate agreements and cooperation
§ 55.1-2525. Notices to be published by administrator
§ 55.1-2527. Crediting of dividends, interest, or increments to owner's account
§ 55.1-2528. Periods of limitation
§ 55.1-2529. Sale of abandoned property by administrator
§ 55.1-2530. Securities received in name of owner
§ 55.1-2531. Disposition of funds received under chapter; records to be kept by administrator
§ 55.1-2532. Filing claim to property or proceeds of sale of such property
§ 55.1-2533. Consideration of and hearing on claim by administrator; payment; interest
§ 55.1-2534. Judicial review of decision of administrator
§ 55.1-2536. Requests for verified reports and examinations of records
§ 55.1-2537. Retention of records
§ 55.1-2538. Confidentiality of information and records
§ 55.1-2539. Enforcement of chapter
§ 55.1-2540. Interest and penalties
§ 55.1-2541. Determinations; appeal procedures; regulations of administrator
§ 55.1-2542. Agreements to locate reported property; penalty
§ 55.1-2543. Property presumed abandoned or escheated under laws of another state
§ 55.1-2544. Property held or payable pursuant to Title 51.1