                                 CODE OF VIRGINIA

TITLE OF CHAPTER; DEFINITIONS (§ 9.1-400)

A. This chapter shall be known and designated as the Line of Duty Act.

B. As used in this chapter, unless the context requires a different meaning:
			&#8220;Beneficiary&#8221; means the spouse of a deceased person and such
persons as are entitled to take under the will of a deceased person if testate,
or as his heirs at law if intestate.			&#8220;Contributing nonprofit private
institution of higher education&#8221; means a nonprofit private institution of
higher education, as defined in &#xA7; 23.1-100, that has (i) established a
campus police department pursuant to &#xA7; 23.1-810 and (ii) made an
irrevocable election to provide the benefits under this chapter and to fund the
cost by participating in the Fund.			&#8220;Contributing private police
department&#8221; means a private police department that has made an irrevocable
election to provide the benefits under this chapter and to fund the cost by
participating in the Fund.			&#8220;Deceased person&#8221; means any individual
whose death occurs on or after April 8, 1972, in the line of duty as the direct
or proximate result of the performance of his duty, including the presumptions
under &#xA7;&#xA7; 27-40.1, 27-40.2, 51.1-813, 65.2-402, and 65.2-402.1 if his
position is covered by the applicable statute, as (i) a law-enforcement officer
of the Commonwealth or any of its political subdivisions, except employees
designated pursuant to &#xA7; 53.1-10 to investigate allegations of criminal
behavior affecting the operations of the Department of Corrections, employees
designated pursuant to &#xA7; 66-3 to investigate allegations of criminal
behavior affecting the operations of the Department of Juvenile Justice, and
members of the investigations unit of the State Inspector General designated
pursuant to &#xA7; 2.2-311 to investigate allegations of criminal behavior
affecting the operations of a state or nonstate agency; (ii) a correctional
officer as defined in &#xA7; 53.1-1; (iii) a jail officer; (iv) a regional jail
or jail farm superintendent; (v) a sheriff, deputy sheriff, or city sergeant or
deputy city sergeant of the City of Richmond; (vi) a police chaplain; (vii) a
member of any fire company or department or emergency medical services agency
that has been recognized by an ordinance or a resolution of the governing body
of any county, city, or town of the Commonwealth as an integral part of the
official safety program of such county, city, or town, including a person with a
recognized membership status with such fire company or department who is
enrolled in a Fire Service Training course offered by the Virginia Department of
Fire Programs or any fire company or department training required in pursuit of
qualification to become a certified firefighter; (viii) a member of any fire
company providing fire protection services for facilities of the Virginia
National Guard or the Virginia Air National Guard; (ix) a member of the Virginia
National Guard or the Virginia Defense Force while such member is serving in the
Virginia National Guard or the Virginia Defense Force on official state duty or
federal duty under Title 32 of the United States Code; (x) a special agent of
the Virginia Alcoholic Beverage Control Authority; (xi) a regular or special
conservation police officer who receives compensation from a county, city, or
town or from the Commonwealth appointed pursuant to the provisions of &#xA7;
29.1-200; (xii) a commissioned forest warden appointed under the provisions of
&#xA7; 10.1-1135; (xiii) a member or employee of the Virginia Marine Resources
Commission granted the power of arrest pursuant to &#xA7; 28.2-900; (xiv) a
Department of Emergency Management hazardous materials officer, and any other
employee of the Department of Emergency Management who is performing official
duties of the agency, when those duties are related to a major disaster or
emergency, as defined in &#xA7; 44-146.16, that has been or is later declared to
exist under the authority of the Governor in accordance with &#xA7; 44-146.28;
(xv) an employee of any county, city, or town performing official emergency
management or emergency services duties in cooperation with the Department of
Emergency Management, when those duties are related to a major disaster or
emergency, as defined in &#xA7; 44-146.16, that has been or is later declared to
exist under the authority of the Governor in accordance with &#xA7; 44-146.28 or
a local emergency, as defined in &#xA7; 44-146.16, declared by a local governing
body; (xvi) a nonfirefighter regional hazardous materials emergency response
team member; (xvii) a conservation officer of the Department of Conservation and
Recreation commissioned pursuant to &#xA7; 10.1-115; (xviii) a full-time sworn
member of the enforcement division of the Department of Motor Vehicles appointed
pursuant to &#xA7; 46.2-217; (xix) a campus police officer employed by a
contributing nonprofit private institution of higher education; or (xx) a
private police officer employed by a contributing private police
department.			&#8220;Disabled person&#8221; means any individual who has been
determined to be mentally or physically incapacitated so as to prevent the
further performance of his duties at the time of his disability where such
incapacity is likely to be permanent, and whose incapacity occurs in the line of
duty as the direct or proximate result of the performance of his duty, including
the presumptions under &#xA7;&#xA7; 27-40.1, 27-40.2, 51.1-813, 65.2-402, and
65.2-402.1 if his position is covered by the applicable statute, in any position
listed in the definition of deceased person in this section. &#8220;Disabled
person&#8221; does not include any individual who has been determined to be no
longer disabled pursuant to subdivision A 2 of &#xA7; 9.1-404. &#8220;Disabled
person&#8221; includes any state employee included in the definition of a
deceased person who was disabled on or after January 1, 1966.			&#8220;Eligible
dependent&#8221; for purposes of continued health insurance pursuant to &#xA7;
9.1-401 means the natural or adopted child or children of a deceased person or
disabled person or of a deceased or disabled person&#8217;s eligible spouse,
provided that any such natural child is born as the result of a pregnancy that
occurred prior to, or no later than six months after, the time of the
employee&#8217;s death or disability and that any such adopted child is (i)
adopted prior to, or no later than six months after, the time of the
employee&#8217;s death or disability or (ii) adopted more than six months after
the employee&#8217;s death or disability if the adoption is pursuant to a
preadoptive agreement entered into prior to, or no later than six months after,
the death or disability. Notwithstanding the foregoing, &#8220;eligible
dependent&#8221; shall also include the natural or adopted child or children of
a deceased person or disabled person born as the result of a pregnancy or
adoption that occurred after the time of the employee&#8217;s death or
disability, but prior to July 1, 2017. Eligibility will continue until the end
of the year in which the eligible dependent reaches age 26 or when the eligible
dependent ceases to be eligible based on the Virginia Administrative Code or
administrative guidance as determined by the Department of Human Resource
Management.			&#8220;Eligible spouse&#8221; for purposes of continued health
insurance pursuant to &#xA7; 9.1-401 means the spouse of a deceased person or a
disabled person at the time of the death or disability. Eligibility will
continue until the eligible spouse dies, ceases to be married to a disabled
person, or in the case of the spouse of a deceased person, dies, remarries on or
after July 1, 2017, or otherwise ceases to be eligible based on the Virginia
Administrative Code or administrative guidance as determined by the Department
of Human Resource Management.			&#8220;Employee&#8221; means any person who
would be covered or whose spouse, dependents, or beneficiaries would be covered
under the benefits of this chapter if the person became a disabled person or a
deceased person.			&#8220;Employer&#8221; means (i) the employer of a person who
is a covered employee or (ii) in the case of a volunteer who is a member of any
fire company or department or rescue squad described in the definition of
&#8220;deceased person,&#8221; the county, city, or town that by ordinance or
resolution recognized such fire company or department or rescue squad as an
integral part of the official safety program of such
locality.			&#8220;Fund&#8221; means the Line of Duty Death and Health Benefits
Trust Fund established pursuant to &#xA7; 9.1-400.1.			&#8220;Line of
duty&#8221; means any action the deceased or disabled person was obligated or
authorized to perform by rule, regulation, condition of employment or service,
or law.			&#8220;LODA Health Benefit Plans&#8221; means the separate health
benefits plans established pursuant to &#xA7; 9.1-401.			&#8220;Nonparticipating
employer&#8221; means any employer that is a political subdivision of the
Commonwealth that elected to directly fund the cost of benefits provided under
this chapter and not participate in the Fund.			&#8220;Participating
employer&#8221; means any employer that is a state agency or is a political
subdivision of the Commonwealth that did not make an election to become a
nonparticipating employer.			&#8220;Private police officer&#8221; means the same
as that term is defined in &#xA7; 9.1-101.			&#8220;Private police
department&#8221; means the same as that term is defined in &#xA7;
9.1-101.			&#8220;VRS&#8221; means the Virginia Retirement System.

C. Nothing in this chapter shall be construed as applying to any nonprofit
private institution of higher education, as defined in &#xA7; 23.1-100, that is
not a contributing nonprofit private institution of higher education or any
private police department that is not a contributing private police department.

HISTORY: 1995, cc. 112, 156, 597, §§ 2.1-133.5, 2.1-133.6; 1996, cc. 66, 174;
1998, c. 712; 2001, cc. 678, 844; 2003, cc. 37, 41, 1005; 2004, c. 30; 2005, cc.
907, 910; 2006, c. 824; 2007, c. 87; 2011, cc. 572, 586; 2012, cc. 374, 458,
573; 2015, cc. 38, 502, 503, 730; 2016, c. 677; 2017, cc. 439, 627; 2018, c.
548; 2020, cc. 207, 559; 2024, c. 560; 2025, cc. 204, 219.