Sec. 22-299. - Allowance for certain surviving spouses, etc.
(a) Death of active member who is otherwise eligible for retirement. Should a member die in service at any time before retirement and after attaining the normal retirement date or after becoming eligible for early service retirement under Section 22-198, the surviving spouse, if any, shall receive a retirement allowance payable monthly for life equal to and commencing at the same date as the retirement allowance that would have been payable to the member, computed in accordance with Section 22-202, had the member survived and retired on the first day of the month following the member's death after having elected to have the member's allowance paid under the joint and last survivor option with 100 percent of the amount payable to the member continuing after the member's death to the spouse as provided for in Section 22-264(b). In the event a surviving spouse dies, any excess of the balance in the member contribution account as of the date of the member's death, over the total retirement allowance received by the surviving spouse prior to death shall be paid in a lump sum in accordance with Section 22-298 as though the surviving spouse had predeceased the member.
(b) Death of disability retirement allowance recipient. Should a member retire for disability under the provisions of Section 22-238 or 22-240, after the member has satisfied the age and service requirements for early service retirement under Section 22-198, and then die prior to the attainment of the date that would have been the member's normal retirement date had the member remained in service until then, the surviving spouse, if any, shall receive a retirement allowance payable monthly for life equal to and commencing at the same date as the allowance that would have been payable to the member, computed in accordance with Section 22-202, had the member remained in service and retired under the provisions of Section 22-198 on the first day of the month following the member's death with the same average final compensation as at the member's date of disability retirement, after having elected to have the member's allowance paid under the joint and last survivor option with 100 percent of the amount payable to the member continuing after the member's death to the spouse as provided for in Section 22-264(b).
(c) Death in line of duty. Should a member die in service at any time before retirement from a cause compensable under the Virginia Workers' Compensation Act (Code of Virginia, § 65.2-100 et seq.) or one which would be so compensable except for the fact that the member is not covered under the provisions of such Act, the surviving spouse, if any, shall receive a retirement allowance payable monthly for life commencing on the first day of the month following the member's death and equal to the allowance that would have been payable to the member, computed in accordance with Section 22-202, had the member remained in service and retired upon reaching the age of 65 years with the same average final compensation as at the member's death, after having elected to have the member's allowance paid under the joint and last survivor option with 100 percent of the amount payable to the member continuing after the member's death to the contingent beneficiary provided for in Section 22-264(b), with the member's spouse designated as contingent beneficiary. Any allowance becoming payable under the provisions of this subsection shall be terminated in the event of the remarriage of the surviving spouse in receipt of the allowance.
(d) Survivor allowance if no spouse. If the member leaves no spouse, or the spouse dies or remarries before the youngest child of the deceased member, if any, has attained the age of 18 years, then such child or children, if any, under the age of 18 years shall be paid the retirement allowance provided for in Subsection (c) of this section until such child or children die or attain the age of 18 years, whichever shall first occur. Such retirement allowance shall be determined assuming a beneficiary's age equal to the member's age and shall be divided equally among all eligible dependent children.
(e) Reduction of death benefit for workers' compensation award. Any compensation finally awarded, or entitled to be awarded, under the Virginia Workers' Compensation Act (Code of Virginia, § 65.2-100 et seq.) for the death of such member shall be deducted from the allowance provided for in Subsection (c) of this section and the excess of the benefit, if any, shall be paid to the person herein specified. When the time for which payment of the compensation finally awarded under that Workers' Compensation Act (Code of Virginia, § 65.2-100 et seq.) has elapsed, the full allowance otherwise payable shall thereafter be paid.
(f) Reduction of death benefit for workers' compensation lump sum award. If the death of a member should result from a cause compensable under the Virginia Workers' Compensation Act (Code of Virginia, § 65.2-100 et seq.), and such member's surviving spouse elects to receive a lump sum settlement in lieu of periodic payments for death compensable under the Virginia Workers' Compensation Act (Code of Virginia, § 65.2-100 et seq.), the survivor allowance shall be reduced for the number of months equivalent to the lump sum award amount divided by the amount of the original workers' compensation award amount (i.e., the lump sum award amount divided by the original workers' compensation award amount equals the number of months of continued reduction).
(g) Purchase of service credit by surviving spouse. If a vested member dies in service within three years of being eligible for early service retirement based upon years of service, the surviving spouse of such member may purchase service credit up to a maximum of three years to attain the deceased member's retirement eligibility. The election to purchase such service credit must be made in accordance with Section 22-177. The applicable rates for the purchase of such service shall be ten percent per year for general members and 15 percent per year for public safety members. Such rate shall be applied to the greater of the member's present annual compensation or the average annual creditable compensation for the member's 36 highest consecutive months of creditable compensation. The surviving spouse must make the election to purchase service credit within 90 days of the enactment of this section or of the member's death, whichever should occur later. The payment for the purchase of service must be made in a lump sum within the same 90-day period. The survivor allowance shall be payable in accordance with Subsection (a) of this section.
(h) Governing authority of DROP member's death benefits. Notwithstanding the foregoing, the death benefits applicable to a DROP member shall be governed by the terms of the guidelines established pursuant to Section 22-204.
(Code 1993, § 23.1-61; Code 2004, § 78-314; Code 2015, § 22-299; Code 2020, § 22-299; Ord. No. 2003-254-226, § 1, 7-28-2003; Ord. No. 2006-60-128, § 2, 5-30-2006)
