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## § 9.1-402.1 – Payments for burial expenses

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It is the intent of the General Assembly that expeditious payments for burial expenses be made for deceased persons whose death is determined to be a direct and proximate result of their performance in the line of duty as defined by the Line of Duty Act. Upon the approval of VRS, at the request of the family of a person who may be subject to the line of duty death benefits, payments shall be made to a funeral service provider for burial and transportation costs by the nonparticipating employer or from the Fund on behalf of a participating employer, a contributing nonprofit private institution of higher education, or a contributing private police department, as applicable. These payments would be advanced from the death benefit that would be due to the beneficiary of the deceased person if it is determined that the person qualifies for line of duty coverage. Expenses advanced under this provision shall not exceed the coverage amounts outlined in § 65.2-512. In the event that a determination is made that the death is not subject to the line of duty benefits (i) in the case of an employer that is a state agency or political subdivision of the Commonwealth, VRS or other Virginia governmental retirement fund of which the deceased is a member will deduct from benefit payments otherwise due to be paid to the beneficiaries of the deceased payments previously paid for burial and related transportation expenses and return such funds to the nonparticipating employer or to the Fund on behalf of a participating employer, as applicable, and (ii) in the case of a contributing nonprofit private institution of higher education or a contributing private police department, VRS (a) will deduct from benefit payments otherwise due to be paid to the beneficiaries of the deceased payments previously paid for burial and related transportation expenses and return such funds to the Fund and (b) may employ reasonable methods, including the procedures set forth in the Virginia Debt Collection Act (§ 2.2-4800 et seq.), to recover from the deceased person’s estate any payments previously paid for burial and related transportation expenses and return such funds to the Fund. The Virginia Retirement System shall have the right to file a claim with the Virginia Workers’ Compensation Commission against any employer to recover burial and related transportation expenses advanced under this provision.