Virginia State Police

Glossary

Beneficiary: In the case of a LODA death, the designated beneficiary in a deceased person’s will or, if there is no will, the individual(s) according to the statutory order of precedence.

Claimant: An eligible employee or volunteer applying for LODA benefits (disability claims) or someone applying on behalf of an eligible employee or volunteer (death claims).

Contribution Rates: LODA Fund participating employers pay a per capita contribution rate to the LODA Fund to cover the cost of LODA benefits, meaning the amount the state agency or political subdivision contributes per paid employee (full-time and part-time) and volunteer.

Death Benefit: One-time payment made to the beneficiary or beneficiaries of the deceased person, and paid based on the provisions set by the will of the deceased person. If there is no will, the benefit is paid according to the order of precedence defined in the Code of Virginia § 64.2-200. LODA benefits are not paid based on the beneficiaries named by VRS members for VRS survivor benefits.

Deceased Person: Employee or volunteer whose death occurs in the line of duty as the direct or proximate result of the performance of his or her duty, including certain presumptions.

Department of Human Resource Management: The Department of Human Resource Management (DHRM) is a state agency that administers the LODA Health Benefits Plans.

Disabled Person: Employee or volunteer who becomes mentally or physically incapacitated, preventing the further performance of duties at the time of disability. The incapacity must be likely to be permanent and occur in the line of duty as the direct or proximate result of the performance of the duties, including certain presumptions.

Eligible Dependent: Child of a deceased or disabled person or of a deceased or disabled person’s eligible spouse, provided that any such child is born as the result of a pregnancy that occurred before the time of the deceased or disabled person’s death or disability, or that any such child is adopted or a pre-adoptive agreement is entered into before the time of the deceased or disabled person’s death or disability. Children who were born or adopted after an eligible employee’s death or disability, but before July 1, 2017, are eligible for LODA Health Benefits Plans coverage, as administered by the Department of Human Resource Management. LODA-eligible dependents will lose eligibility for LODA Health Benefits Plans coverage at the end of the year in which they reach age 26, unless they meet the requirements to be covered as an incapacitated adult dependent.

Eligible Spouse: Spouse of a deceased person or a disabled person at the time of the death or disability.

Employee: Any person who is working or volunteering in a LODA-eligible position. See a full list of positions that are eligible to receive LODA benefits.

Employer: Employer of a person who is an eligible employee or, in the case of a volunteer, the county, city, or town that has recognized, through an ordinance or resolution, the volunteer unit as an integral part of the community’s official safety program.

Line of Duty: Any action that the deceased or disabled person was obligated or authorized to perform by rule, regulation, condition of employment, service or law.

Line of Duty Act: The Virginia Line of Duty Act (LODA) provides benefits to eligible family members of employees and volunteers killed in the line of duty. In addition, there are benefits for those employees and volunteers who are disabled in the line of duty and their eligible family members.

Line of Duty Act Fund: The Line of Duty Death and Health Benefits Trust Fund (commonly referred to as the LODA Fund) provides a funding mechanism for LODA benefit payments. State agencies participate in the LODA Fund. Political subdivisions participate automatically unless they opted out prior to or on July 1, 2012, and directly fund the cost of benefits.

LODA Health Benefit Plans: Premium-free health insurance coverage provided for all disabled persons, eligible spouses and eligible dependents, administered by the Department of Human Resource Management.

LODA Fund Non-participating Employer: Any political subdivision employer in the Commonwealth that adopted a resolution to opt out of participating in the LODA Fund prior to or on July 1, 2012, and directly funds the cost of benefits.

LODA Fund Participating Employer: All state agencies and any political subdivision employer in the Commonwealth that did not make an election to become a LODA Fund non-participating employer.

Order of Precedence: Generally, if there is no will, the LODA death benefit is paid according to the order of precedence.

Presumption: Certain conditions that are presumed to have been suffered in the line of duty, regardless of whether they developed directly on the job. The presumption conditions are position-specific (e.g., lung cancer for firefighters or heart disease for law enforcement) and depend on the facts and circumstances of each particular case.

Virginia Retirement System: The Virginia Retirement System (VRS) makes LODA eligibility determinations for all LODA claims and makes death benefit payments on behalf of LODA Fund participating employers.

VRS-Covered Employment: VRS-covered employment is a full-time permanent, salaried position with an employer that participates in the Virginia Retirement System (VRS).