HB395: Line of Duty Act; expeditious payment for burial expense for person whose death is in line of duty.


HOUSE BILL NO. 395
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Appropriations
on January 30, 2012)
(Patron Prior to Substitute--Delegate Ransone)
A BILL to amend the Code of Virginia by adding a section numbered 9.1-402.1, relating to payments for burial expenses under the Line of Duty Act.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 9.1-402.1 as follows:

§ 9.1-402.1. Payments for burial expenses.

It is the intent of the General Assembly that expeditious payments for burial expenses be made for 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. The State Comptroller is hereby authorized to release, at the request of the family of a person who may be subject to the line of duty death benefits, payments to a funeral service provider for burial and transportation costs. 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 a determination is made that the death is not subject to the line of duty benefits, the Virginia Retirement System or other retirement fund to 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 by the State Comptroller for burial and related transportation expenses and return such funds to the State Comptroller. The State Comptroller 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.

HOUSE BILL NO. 395
Offered January 11, 2012
Prefiled January 10, 2012
A BILL to amend the Code of Virginia by adding a section numbered 2.2-119.1, relating to special funds for families; Line of Duty Act.
Patron-- Ransone

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 2.2-119.1 as follows:

§ 2.2-119.1. Governor to administer special funds for families of officers killed in the line of duty.

It shall be the responsibility of the Governor to administer a special fund for disbursement of moneys to the beneficiary of a deceased person as defined by the Line of Duty Act (§ 9.1-400, et seq.).

There is hereby created in the state treasury a special nonreverting fund to be known as the Special Disbursement for Line of Duty Death Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys as may be appropriated by the General Assembly and any gifts, bequests, grants, or donations shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made solely at the discretion of the Governor and shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Governor.