Benefits
If you become disabled or die in the line of duty, you or your beneficiaries may be eligible for benefits under the Virginia Line of Duty Act (LODA).
Death Benefit
Under LODA, designated beneficiaries (or family members, absent a will) may be eligible for a death benefit in the event the LODA-eligible employee or volunteer dies in the line of duty.
The beneficiary or family member must file a claim with the Virginia Retirement System (VRS) to be considered for LODA benefits.
In addition, an eligible spouse and eligible family members may qualify for premium-free coverage under LODA Health Benefits Plans, administered by the Department of Human Resource Management (DHRM).
The death benefit is a one-time payment made to a beneficiary or the beneficiaries of deceased eligible employees or volunteers:
- It is paid based on the will of a deceased employee or volunteer.
- If there is no will, the benefit is paid according to the order of precedenceexternal link as defined in the Code of Virginia.
New Window View Payments to Survivors
| Benefit | Scenario |
|---|---|
| $100,000 | Death as the direct or proximate result of performing duty January 1, 2006, or after |
| $25,000 | Cause of death is attributed to one of the applicable presumptions and is within five years of the retirement date |
| $20,000 | Additional benefit paid when certain members of the National Guard and U.S. military reserves are killed in action in any armed conflict on or after October 7, 2001 |
The Importance of Having a Will
LODA-eligible employees and volunteers should keep their wills up to date to ensure that any death benefit payment is made according to their wishes. Otherwise, the order of precedence will determine who receives a death benefit.
Funeral Expenses
The beneficiary or beneficiaries may request benefits to pay funeral expenses (burial and transportation) to the funeral service provider, as an advance of the death benefit payment.
If a claim is later denied, then the claimant must return the funeral expense advance.
To qualify for LODA benefits, the death or disability must have occurred “in the line of duty.” If the death or disability did not occur directly on the job but as a result of job-related factors, there may be a presumption that the disability or death occurred in the line of duty.
LODA Disability
If you become disabled in the line of duty, you and your eligible spouse and eligible family members may enroll in the LODA Health Benefits Plans administered by the Department of Human Resource Management (DHRM).
For a claim to be considered, it must be filed within five years of the onset of the disability. To start a claim for LODA disability, VRS must receive your completed Claim for Line of Duty Act (LODA) Benefits. If the LODA disability claim is approved, VRS will mail the letter of approval along with the LODA Health Benefits Plans enrollment form to the LODA-eligible employee or volunteer and eligible family members.
Working and LODA Disability Benefits
Before accepting part-time or full-time employment, the approved claimant must notify VRS to determine the impact of taking the position on LODA benefits.
LODA Reevaluation
Eligibility for the LODA disability benefit may be reevaluated by VRS at any time. Failure to comply with a reevaluation will result in suspension or loss of benefits.
To qualify for LODA benefits, the death or disability must have occurred “in the line of duty.” If the death or disability did not occur directly on the job but as a result of job-related factors, there may be a presumption that the disability or death occurred in the line of duty.
Health Coverage
LODA Health Benefits Plans, which are administered by Virginia Department of Human Resource Management (DHRM)external link, include premium-free coverage for:
- Eligible family members of employees or volunteers killed in the line of duty.
- Employees or volunteers determined to be disabled in the line of duty and their eligible family members.
To qualify for LODA benefits, the death or disability must have occurred “in the line of duty.” If the death or disability did not occur directly on the job but as a result of job-related factors, there may be a presumption that the disability or death occurred in the line of duty.
Additional Benefits
If you become disabled or die in the line of duty, you or your beneficiary also may be eligible for additional benefits.
Federal Benefits
The Federal Public Safety Officers’ Benefit Act provides death and education benefits to survivors of fallen law enforcement officers, firefighters and other first responders, and disability benefits to officers catastrophically injured in the line of duty.
For more information, contact the Bureau of Justice Assistance toll-free at 1-888-744-6513 or visit psob.govexternal link.
State Benefits
State law provides certain tax and education benefits to survivors of individuals killed in the line of duty:
- Pursuant to § 58.1-3219.14external link, on or before January 1, 2017, surviving spouses are exempt from real estate taxes on their places of residence.
- Pursuant to § 23.1-609external link, surviving spouses and any children between ages 16 and 25 of individuals killed in the line of duty is entitled to a waiver of undergraduate tuition and mandatory fees at any public institution of higher education.
Virginia Retirement System Benefits
If you are a VRS member, you may be eligible for other benefits in addition to those provided through LODA. You must apply separately for these benefits: