§ 31-60. Occupational employee death benefits.  


Latest version.
  • (a)

    Upon the death of an employee after July 1, 1972, arising out of and in the course of employment with a participating employer from a cause that is or would be compensable under the Virginia Workers' Compensation Act, the deceased employee's surviving spouse shall be entitled to an annual benefit equal to sixty (60) percent of the employee's final salary, at date of death, payable monthly until death or remarriage of the spouse, whichever first occurs. Should the deceased employee also be survived by a dependent child or children, an additional ten (10) percent of the employee's final salary for each such dependent child shall be paid monthly to each such child until earlier of the dependent child's death or until no longer a dependent child; provided, however, that the aggregate payments provided by this subsection shall be limited to eighty (80) percent of the deceased employee's final salary.

    (b)

    If there is no surviving spouse, or if the spouse dies, and there are surviving dependent children of the deceased employee, the benefit which would have been or was payable to the spouse shall be paid to each such dependent child, pro rata, until the earlier of the dependent child's death or until no longer a dependent child.

    (c)

    Should the spouse of an employee with a dependent child or children of the deceased employee remarry, then each such dependent child shall be entitled to twenty (20) percent of the final salary of the deceased employee; provided, however, that aggregate payments to such children shall be limited to eighty (80) percent of the deceased employee's final salary, payable until the earlier of the child's death or until no longer a dependent child.

    (d)

    The benefits provided for in subsections (a), (b), and (c) of this section shall be subject to reduction so that the benefits paid from the fund to the surviving dependents of an employee, together with income from workers' compensation benefits, social security benefits, VRS, and amounts otherwise payable by the participating employer under any applicable law, rule or order, shall not exceed one hundred (100) percent of the deceased employee's final salary.

    (e)

    In addition to the other benefits provided by this section, there shall be paid to the surviving spouse of the deceased employee or, if none, the beneficiary designated by the deceased member, or if none, the estate of the employee, a lump sum death benefit amount equal to five hundred fifty dollars ($550.00) multiplied by the number of full years of credited service of the employee at date of death, subject to a minimum payment of five hundred fifty dollars ($550.00) and a maximum of three thousand three hundred dollars ($3,300.00).

    (f)

    Except as provided in subsection (e) of this section, the benefits provided for in this section shall be payable to a recipient only as long as the recipient is eligible to receive such benefits based on the provisions of this section and evidence acceptable to the board.

    (Ord. No. 51, § 18; Ord. No. 991, § 1; Ord. No. 1681, § 1; Code 1961, § 32-24; Ord. No. 2297; Ord. No. 2364; Ord. No. 2709-80; Ord. No. 5042-97; Ord. No. 6434-07, § 1)

(Ord. No. 51, § 18; Ord. No. 991, § 1; Ord. No. 1681, § 1; Code 1961, § 32-24; Ord. No. 2297; Ord. No. 2364; Ord. No. 2709-80; Ord. No. 5042-97; Ord. No. 6434-07, § 1)