Line-of-Duty Death Information
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Line-of-Duty Death Information |
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revised 2/26/02
LINE OF DUTY DEATH
EXPLANATION AND ACQUISITION OF BENEFITS
§ 65.2-402. Presumption as to death or disability from respiratory
disease, hypertension or heart disease, cancer.
A. Respiratory diseases that cause (i) the death of volunteer or salaried firefighters or Department of Emergency Management hazardous materials officers or (ii) any health condition or impairment of such firefighters or Department of Emergency Management hazardous materials officers resulting in total or partial disability shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.
B. Hypertension or heart disease causing the death of, or any health condition or impairment resulting in total or partial disability of (i) salaried or volunteer firefighters, (ii) members of the State Police Officers' Retirement System, (iii) members of county, city or town police departments, (iv) sheriffs and deputy sheriffs, (v) Department of Emergency Management hazardous materials officers, (vi) city sergeants or deputy city sergeants of the City of Richmond, (vii) Virginia Marine Patrol officers, (viii) game wardens who are full-time sworn members of the enforcement division of the Department of Game and Inland Fisheries, (ix) Capitol Police officers, and (x) special agents of the Department of Alcoholic Beverage Control appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1 shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.
C. Leukemia or pancreatic, prostate, rectal, throat, ovarian or breast cancer causing the death of, or any health condition or impairment resulting in total or partial disability of, any volunteer or salaried firefighter or Department of Emergency Management hazardous materials officer having completed twelve years of continuous service who has a contact with a toxic substance encountered in the line of duty shall be presumed to be an occupational disease, suffered in the line of duty, that is covered by this title, unless such presumption is overcome by a preponderance of competent evidence to the contrary. For the purposes of this section, a "toxic substance" is one which is a known or suspected carcinogen, as defined by the International Agency for Research on Cancer, and which causes, or is suspected to cause, leukemia or pancreatic, prostate, rectal, throat, ovarian or breast cancer.
D. The presumptions described in subsections A, B, and C of this section shall only apply if persons entitled to invoke them have, if requested by the private employer, appointing authority or governing body employing them, undergone preemployment physical examinations that (i) were conducted prior to the making of any claims under this title that rely on such presumptions, (ii) were performed by physicians whose qualifications are as prescribed by the private employer, appointing authority or governing body employing such persons, (iii) included such appropriate laboratory and other diagnostic studies as the private employer, appointing authorities or governing bodies may have prescribed, and (iv) found such persons free of respiratory diseases, hypertension, cancer or heart disease at the time of such examinations.
E. Persons making claims under this title who rely on such presumptions shall, upon the request of private employers, appointing authorities or governing bodies employing such persons, submit to physical examinations (i) conducted by physicians selected by such employers, authorities, bodies or their representatives and (ii) consisting of such tests and studies as may reasonably be required by such physicians. However, a qualified physician, selected and compensated by the claimant, may, at the election of such claimant, be present at such examination.
F. Whenever a claim for death benefits is made under this title and the presumptions of this section are invoked, any person entitled to make such claim shall, upon the request of the appropriate private employer, appointing authority or governing body that had employed the deceased, submit the body of the deceased to a postmortem examination as may be directed by the Commission. A qualified physician, selected and compensated by the person entitled to make the claim, may, at the election of such claimant, be present at such postmortem examination.
G. Volunteer lifesaving and rescue squad members, volunteer law-enforcement chaplains, auxiliary and reserve deputy sheriffs, and auxiliary and reserve police are not included within the coverage of this section.
H. For purposes of this section, the term "firefighter" shall include special forest wardens designated pursuant to § 10.1-1135.
§ 9.1-400. (Effective October 1, 2001) Title of chapter; definitions.
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:
"Beneficiary" 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.
"Deceased person" means any individual whose death occurs on or after April 8, 1972, as the direct or proximate result of the performance of his duty, including the presumptions under §§ 27-40.1, 27-40.2, 51.1-813, and 65.2-402, as a law-enforcement officer of the Commonwealth or any of its political subdivisions; a correctional officer as defined in § 53.1-1; a jail officer; a regional jail or jail farm superintendent; a sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the City of Richmond; a police chaplain in the City of Virginia Beach; a member of any fire company or department or rescue squad 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; a member of the Virginia National Guard or the Virginia State Defense Force while such member is serving in the Virginia National Guard or the Virginia State Defense Force on official state duty or federal duty under Title 32 of the United States Code; any special agent of the Virginia Alcoholic Beverage Control Board; any agent, investigator, or inspector vested with the power to arrest pursuant to § 56-334; any regular or special game warden who receives compensation from a county, city or town or from the Commonwealth appointed pursuant to the provisions of § 29.1-200; any commissioned forest warden appointed under the provisions of § 10.1-1135; any member or employee of the Virginia Marine Resources Commission granted the power of arrest pursuant to § 28.2-900; any Department of Emergency Management hazardous materials officer; any nonfirefighter regional hazardous materials emergency response team member; or any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115.
"Disabled person" means any individual who, as the direct or proximate result of the performance of his duty in any position listed in the definition of deceased person in this section, has become mentally or physically incapacitated so as to prevent the further performance of duty where such incapacity is likely to be permanent.
"Line of duty" means any action the deceased or disabled person was obligated or authorized to perform by rule, regulation, condition of employment or service, or law.
§ 9.1-401. (Effective October 1, 2001) Continued health insurance
coverage for disabled persons, their spouses and dependents, and for the
surviving spouse and dependents of certain deceased law-enforcement officers,
firefighters, etc.
A. The surviving spouse and any dependents of a deceased person shall be afforded continued health insurance coverage, the cost of which shall be paid in full out of the general fund of the state treasury.
B. If the disabled person's disability (i) occurred while in the line of duty as the direct or proximate result of the performance of his duty or (ii) was subject to the provisions of §§ 27-40.1, 27-40.2, 51.1-813 or § 65.2-402, and arose out of and in the course of his employment, the disabled person, his surviving spouse and any dependents shall be afforded continued health insurance coverage. The cost of such health insurance coverage shall be paid in full out of the general fund of the state treasury.
C. The continued health insurance coverage provided by this section shall be the same plan of benefits which the deceased or disabled person was entitled to on the last day of his active duty or comparable benefits established as a result of a replacement plan.
D. For any spouse, continued health insurance provided by this section shall terminate upon such spouse's death or coverage by alternate health insurance.
E. For dependents, continued health insurance provided by this section shall terminate upon such dependent's death, marriage, coverage by alternate health insurance or twenty-first birthday. Continued health care insurance shall be provided beyond the dependent's twenty-first birthday if the dependent is a full-time college student and shall continue until such time as the dependent ceases to be a full-time student or reaches his twenty-fifth birthday, whichever occurs first. Continued health care insurance shall also be provided beyond the dependent's twenty-first birthday if the dependent is mentally or physically disabled, and such coverage shall continue until three months following the cessation of the disability.
F. For any disabled person, continued health insurance provided by this section shall automatically terminate upon the disabled person's death, recovery or return to full duty in any position listed in the definition of deceased person in § 9.1-400.
§ 9.1-402. (Effective October 1, 2001) Payments to beneficiaries of
certain deceased law-enforcement officers, firefighters, etc., and retirees.
A. The beneficiary of a deceased person whose death occurred while in the line of duty as the direct or proximate result of the performance of his duty shall be entitled to receive the sum of $75,000, which shall be payable out of the general fund of the state treasury, in gratitude for and in recognition of his sacrifice on behalf of the people of the Commonwealth.
B. Subject to the provisions of §§ 27-40.1, 27-40.2, 51.1-813, or § 65.2-402, if the deceased person's death (i) arose out of and in the course of his employment or (ii) was within five years from his date of retirement, his beneficiary shall be entitled to receive the sum of $25,000, which shall be payable out of the general fund of the state treasury.
§ 9.1-403. (Effective October 1, 2001) Claim for payment; costs.
Every beneficiary, disabled person or his spouse, or dependent of a deceased or disabled person shall present his claim to the chief officer, or his designee, of the appropriate division or department that last employed the deceased or disabled person on forms to be provided by the State Comptroller's office. The chief officer or his designee shall submit a request to the Superintendent of the Department of the State Police, who shall investigate and report upon the circumstances surrounding the deceased or disabled person, calling upon the additional information and services of any other appropriate agents or agencies of the Commonwealth. The Superintendent, or his designee, shall report his findings to the Comptroller within ten business days after completion of the investigation. The Department of State Police shall take action to conduct the investigation as expeditiously as possible. The Department shall be reimbursed for the cost of investigations conducted pursuant to this section from the appropriate employer that last employed the deceased or disabled employee.
§ 9.1-404. (Effective October 1, 2001) Order of Comptroller.
A. If it appears to the Comptroller that the requirements of either subsection A or B of § 9.1-402 have been satisfied, he shall issue his warrant in the appropriate amount for payment out of the general fund of the state treasury to the surviving spouse or to such persons and subject to such conditions as may be proper in his administrative discretion, and in the event there is no beneficiary, the Comptroller shall issue the payment to the estate of the deceased person. The Comptroller shall issue a decision, and payment, if appropriate, shall be made no later than forty-five days following receipt of the report required under § 9.1-403.
B. If it appears to the Comptroller that the requirements of either subsection A or B of § 9.1-401 have been satisfied, he shall issue his warrants in the appropriate amounts for payment from the general fund of the state treasury to ensure continued health care coverage for the persons designated under § 9.1-401. The Comptroller shall issue a decision, and payments, if appropriate, shall commence no later than forty-five days following receipt of the report required under § 9.1-403. The payments shall be retroactive to the first date that the disability existed.
§ 9.1-405. (Effective October 1, 2001) Appeal from decision of
Comptroller.
Any beneficiary, disabled person or his spouse or dependent of a deceased or disabled person aggrieved by the decision of the Comptroller shall present a petition to the court in which the will of the deceased person is probated or in which the personal representative of the deceased person is qualified or might qualify or in the jurisdiction in which the disabled person resides.
The Commonwealth shall be represented in such proceeding by the Attorney General or his designee. The court shall proceed as chancellor without a jury. If it appears to the court that the requirements of this chapter have been satisfied, the judge shall enter an order to that effect. The order shall also direct the Comptroller to issue his warrant in the appropriate amount for the payment out of the general fund of the state treasury to such persons and subject to such conditions as may be proper. If, in the case of a deceased person, there is no beneficiary, the judge shall direct such payment as is due under § 9.1-402 to the estate of the deceased person.
§ 9.1-406. (Effective October 1, 2001) Appeals.
Appeals from judgments entered pursuant to this chapter shall be allowed as in chancery matters generally.
§ 23-7.4:1. Waiver of tuition and required fees for certain students.
A. 1. All sums appropriated by law for the purpose of effecting the provisions of this subsection shall be used for the sole purpose of providing for free tuition and required fees at the state-supported institutions and institutional charges, general or college fees, or any charges by whatever term referred to, board and room rent, and books and supplies at any education or training institution of collegiate or secondary grade in the Commonwealth of Virginia approved in writing by the Director of the Department of Veterans' Affairs for the use and benefit of the children not under sixteen and not over twenty-five years of age either of whose parents was killed in action, is missing in action or a prisoner of war in any armed conflict subsequent to December 6, 1941, while serving in the Army, Navy, Marine Corps, Air Force or Coast Guard of the United States, or was or is or may hereafter become totally and permanently disabled due to service during such periods if such parent (i) was a citizen of Virginia at the time of entering such service; (ii) is and has been, for at least five years immediately prior to the date on which application was submitted by or on behalf of such child for admission to any education or training institution of collegiate or secondary grade in this Commonwealth, a citizen of Virginia; (iii) is deceased, was a citizen of Virginia on the date of his or her death and had been a citizen of Virginia for at least five years immediately prior to his or her death; or (iv) is deceased and the surviving parent had been, at some time previous to marrying the deceased parent, a citizen of Virginia for at least five years or is and has been a citizen of Virginia for at least five years immediately prior to the date on which application was submitted by or on behalf of such child for admission to any education or training institution of collegiate or secondary grade in this Commonwealth.
2. Such children, upon recommendation of the Director of the Department of Veterans' Affairs, shall be admitted to state institutions of secondary or higher education, free of tuition and all required fees. Each state-supported institution shall include in its catalogue or equivalent publication a statement describing the benefits provided by this subsection.
3. The amounts that may be or may become due by reason of attendance at any such educational or training institution, not in excess of the amount specified in subdivision 5, shall be payable on vouchers approved by the Director of the Department of Veterans' Affairs.
4. The Director of the Department of Veterans' Affairs shall determine the eligibility of the children who may make application for the benefits provided for in this subsection and shall satisfy himself of the attendance and satisfactory progress of such children at such institution and of the accuracy of the charge or charges submitted on account of the attendance of any such children at any such institution. However, neither the Director nor any employee of the Department of Veterans' Affairs shall receive any compensation for such services.
5. To carry out the provisions of this subsection, there may be expended such funds as shall be appropriated for the purpose in the general appropriation acts. However, the maximum amount to be expended for each such child shall not be more, when combined with any federal allowance which may be made for such tuition, charges, fees, rent, books and supplies, than the actual amount of the benefits provided for in this subsection.
6. For the purposes of this subsection, user fees, such as room and board charges, shall not be included in this authorization to waive tuition and fees. However, all required fees, educational and auxiliary, shall be waived along with tuition.
B. Any child between the ages of sixteen and twenty-five whose parent or any person whose spouse has been killed in the line of duty while employed or serving as a law-enforcement officer, firefighter, including a special forest warden designated pursuant to § 10.1-1135, member of a rescue squad, sworn law-enforcement officer, special agent of the Department of Alcoholic Beverage Control, state correctional, regional or local jail officer, regional jail or jail farm superintendent, sheriff, deputy sheriff, or member of the Virginia National Guard while such member is serving in the Virginia National Guard or as a member of the United States Armed Forces, shall be entitled to free undergraduate tuition and required fees at any public institution of higher education in Virginia under the following conditions:
1. The chief administrative officer of the Alcoholic Beverage Control Board, emergency medical services agency, law-enforcement agency, or other appropriate agency or the Superintendent of State Police certifies that the deceased parent or spouse was employed or serving as a law-enforcement officer or a firefighter, including a special forest warden designated pursuant to § 10.1-1135, or member of a rescue squad or in any other capacity as specified in this section and was killed in the line of duty while serving or living in the Commonwealth; and
2. The child or spouse shall have been offered admission to a public institution of higher education. Any child or spouse who believes he is eligible shall apply to the public institution of higher education to which he has been admitted for the benefits provided by this subsection. The institution shall determine the eligibility of the applicant for these benefits and shall also ascertain that the recipients are in attendance and are making satisfactory progress. The amounts payable for tuition and required fees for the applicants shall be waived by the institution accepting the students.
For the purposes of this subsection, user fees, such as room and board charges, shall not be included in this authorization to waive tuition and fees. However, all required fees, educational and auxiliary, shall be waived along with tuition.
C. Senior citizens shall be entitled to free tuition and required fees pursuant to the provisions of Chapter 4.5 (§ 23-38.54 et seq.) of Title 23.
D. Tuition and required fees may be waived for a student from a foreign country enrolled in a public institution of higher education through a student exchange program approved by such institution, provided the number of foreign students does not exceed the number of students paying full tuition and required fees to the institution under the provisions of the exchange program for a given three-year period.
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Killed in the Line of Duty
·
Public
Safety Officers’ Benefits, administered by the Department of Justice
·
Lump
sum payment for
final pay and unused annual leave
·
Death gratuity payments for burial expenses approved by agency head
·
Workers’
compensation
benefits administered by the Department of Labor’s Office of Workers’
Compensation Programs
·
Retirement
under
the Civil Service Retirement System or the Federal Employees
·
Retirement System administered by the Office of
Personnel Management
·
Federal
Employees’ Group Life Insurance proceeds
·
Health
Insurance benefits
·
Social Security survivors benefits administered by the Social Security Administration
·
Educational benefits for spouse and children
The public Safety Officers’ Benefits Act of 1976, as
amended, authorizes the Department of Justice, Bureau of Justice Assistance,
Office of Justice Programs, to pay a benefit to specified survivors of public
safety officers found to have died as the direct and proximate result of a
personal injury, traumatic injury involving external force sustained in the line
of duty, and to claimant public safety officers found to have been permanently
and totally disabled as the direct result of a catastrophic injury sustained in
the line of duty.
As a result of the unprecedented loss of life by
public safety officers on September 11, 2001, Congress increased the one time
payment to $250,000, retroactive for all eligible deaths on or after January 1,
2001. The payment is adjusted annually to reflect the cost of living. As of
October 1, 2001, the amount of the benefits for a qualified survivor, or a
qualified disabled public safety officer, is $254,228.
A public safety officer is defined to be any
individual serving a public agency in an official capacity, with or without
compensation, as a law enforcement officer, police, corrections, probation,
parole and judicial officer, firefighter, rescue squad member or ambulance crew
member. A public agency means an agency of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and the territory or possession of
the United States, or any unit
of State or local government.
Seasonal wildland firefighters are included in this
definition.
The death benefit is payable in a lump sum to the
spouse and eligible children of a deceased public safety officer. One half of
the benefit would be paid to the spouse, and one half of the benefit would be
paid, in equal amount, to the eligible children. Eligible children are defined
as children 18 years of age or younger, children 19 through 22 years of age who
are fulltime students, and children 19 years of age or over and incapable of
self support because of a physical or mental disability.
The death
benefit will be paid to the deceased public safety officers’ parents if no
surviving spouse or children are eligible for the benefit. If the public safety
officer is not survived by any eligible spouse, children, or parent, no benefit
will be paid.
The
death benefit is payable to a qualified survivor of a Federal employee in
addition to death benefits payable to the survivor from the Civil Service
Retirement System, the Federal Employees Retirement System, and Department of
Labor’s Office of Workers’ Compensation Program under the subchapter I of
chapter 81 of title 5, United States Code.
When a Federal employee dies in service, his or her survivors will
receive a lump sum payment covering the deceased’s final pay and unused annual
leave. This lump sum is paid by the employing agency under the same order of
precedence as the other payments described.
Seasonal wildland firefighters are included in this definition.
Death Gratuity Payment
PL 104-208 allows the head of the department or agency to authorize a
death gratuity of up to $10,000. This amount for burial costs and out-of -pocket
expense may be paid to the personal representative of any Federal employee who
dies from an injury sustained in the line of duty. While the payment is
discretionary, the US Office of Personnel Management (OPM) encourages all
department and agency heads to make full use of this authority. This also
includes an agency employee who dies after separation from service if death
resulted from an injury sustained in the line of duty on or after August 2,
1990. Seasonal wildland firefighters are included in this definition.
Section 651 of this law also specifies that the amount paid under these
authorities may not be reduced by any other amounts, including
other benefits payable under the Federal workers’ compensation program.
The gratuity, when combined with certain other payments, may not exceed
$10.000. The other payments that must be considered are:
·
up to
$800 payable by the Department of Labor to a surviving spouse or children for
funeral and burial expenses of a Federal employee who died as a result of injury
sustained in the line of duty;
·
$200
payable by the Department of Labor for reimbursement of the costs of termination
of the deceased employee’s status as a Federal employee;
·
any
amount paid under Public Law 103-332 to the representative of any employee of
any department or agency with appropriations from a Department of Interior and
Related Agencies Appropriations Act who is killed in the line of duty.
The
Federal Employees’ Compensation Act is administered by the Office of
Workers’ Compensation Programs of the U.S. Department of Labor. It provides
compensation benefits to civilian employees of the United States for disability
due to personal injury sustained while in the performance of duty or to
employment-related disease.
Seasonal
wildland firefighters are includes in this definition.
It also provides for the payment of benefits to
dependents if the injury or disease causes the employee’s death. Detailed
information is available at
http://www.dol.gov/dol/esa/public/regs/compliance/owcp/fecacont.htm
If
no child is eligible for benefits, the widow or widower’s compensation is 50%
of the employee’s pay at the time of death, if death was due to an
employment-related injury or disease. If a child or children are eligible for
benefits, the widow or widower is entitled to 45% of the pay and each child is
entitled to 15%. The total compensation may not exceed 75% of the employee’s
pay or the pay of the highest step for GS-15 of the General Schedule, except
when such excess is created by authorizes cost-of-living increases.
If
children are the sole survivors, 40% is paid for the child and 15% for each
additional child, to be shared equally. Other persons such as dependent parents,
brothers, sisters, grandparents, and grandchildren may also be entitles to
benefits. The total compensation may not exceed 75% of the employee’s pay or
the pay of the highest step for GS-15 of the General Schedule, except when such
excess id created by authorized cost-of-living increases.
Compensation
benefits will be reduced if the employee was covered under the Federal Employees
Retirement System and the survivors are eligible for Social Security benefits
based on the Federal employment.
Compensation
to an employee’s surviving spouse terminates upon his or her death or
remarriage. However, a widow or widower’s benefit continues if the remarriage
takes place after the age of 55. Awards to children, brothers, sisters, and
grandchildren terminate at the age of 18, unless the dependent is incapable of
self-support, or continues to be a full-time student at an accredited
institution, until he or she reaches the age of 23, or has completed four years
of education beyond the high school level.
Burial
expenses not to exceed $800 are payable. Transportation of the body to the
employee’s former residence in the United States is provided where death
occurs away from the employee’s home station. In addition to any burial
expenses or transportation costs, a $200 allowance is paid for the
administrative costs of terminating an employee’s status with the Federal
Government.
(See
Lump Sum Death Benefits section for more information on burial expenses.)
The
Office of Personnel Management administers both the Civil Service Retirement
System (CSRS) and the Federal Employees Retirement System (FERS). These systems
only cover full-time employees. An eligible survivor of a Federal civilian
employee killed in the line of duty may qualify for a recurring CSRS or FERS
monthly survivor annuity.
However,
in most cases, workers’ compensation benefits and Federal retirement benefits
cannot be paid for the same period of time. This means that the survivor must
chose between the two benefits. In most cases, the primary benefits are paid by
the Department of Labor.
If the survivor chooses benefits from the Department
of Labor (workers’ compensation), the survivor will receive a lump sum payment
of the employee’s retirement contribution under CSRS or FERS.
Under
both systems, a qualifying survivor is:
·
A spouse*
·
A former
spouse** if a qualifying court order is on file at OPM
·
An
unmarried child under age 18
·
An
unmarried child between the ages of 18 and 22, if attending an accredited
educational institution full-time.
·
An
unmarried disabled dependent child, regardless of age, if the disability
occurred before age 18.
*Surviving Spouse
To
qualify for a survivor annuity, spouse must have been married at least nine
months. That requirement does not apply if there is a child born of the marriage
or death was accidental.
If
the survivor remarries before age 55, the survivor annuity may be restored if
the remarriage ends by death, annulment, or divorce.
*Former
Spouse
A
former spouse divorced from the deceased employee on or after May 7, 1985, may
receive all or part of the annuity otherwise payable to a surviving spouse if a
court order requires it. To be eligible, former spouse must have been married to
deceased for a lease nine months, and must not remarry before age 55.
Survivor annuity begins the day after employee’s
death. It continues for life unless former spouse remarries before age 55, or
terms of the court are satisfied. It the survivor annuity is terminated due to
remarriage before age 55, it will not be reinstated in the future if the
remarriage ends, even if the marriage is annulled.
Spousal
Benefits
A
widow or widower and former spouse may qualify for a survivor annuity if the
Federal employee died while covered by CSRS and had at least 18 months of
civilian service.
When the child has a living parent who was married to
the employee, the benefit payable to that child is lesser of:
·
$369 per
month per child; or
·
$1107 per
month divided by the number of eligible children.
When the child has no living parent or the child’s
parents were never married, the benefit payable to that child is the lesser of:
·
$442 per
month per child; or
·
$1326 per
month divided by the number of eligible children.
These rates, current as of 2001, are increased
by annual cost-of-living adjustments.
If the survivor choose workers’ compensation
benefits over a CSRS survivor benefit, the employee’s retirement contributions
in the Civil Service Retirement and Disability Fund are payable.
The employee’s retirement contributions are
paid to the first person eligible under the following order of precedence:
·
beneficiary
designated by the deceased in writing which is signed and witnessed and is
received by OPM prior to death; OR, if none, then to
·
spouse of
the deceased; OR, if none then to
·
children
of the deceased (or descendants of deceased children); OR, if one, then to
·
parents
of the deceased; OR, if none, then to
·
executor
or administrator of the deceased person’s estate; OR, if none, then to
·
next of
kin of the deceased according to the laws in the deceased person’s state of
domicile.
FERS Benefits
Spousal Benefits
·
Basic
Employee Death Benefit:
A
spouse or former spouse may qualify for this benefit if the employee died while
covered by FERS and had at least 18 months of civilian services.
As of 2001, the Basic Employee Death Benefit is
currently equal to 50% of the employee’s final salary, plus $23,386.98. This
payment can be made in a single lump sum or paid out in monthly installments
over three years.
·
Survivor
Annuity:
A
spouse or former spouse may qualify for a survivor annuity if the Federal
employee died while covered by FERS and had at least 10 years of creditable
service. At least 18 months of this service must be civilian service.
Benefits for Children
The combined benefit payable to all eligible children is reduced by the total amount of benefits Social Security pays to all eligible children. In many cases, the FERS children’s benefit is reduced to $0.
When the child has a living parent who was married to the employee, the FERS benefit payable to that child is the lesser of:
· $369 per month per child; or
· $1107 per month divided by the number of eligible children.
When the child has no living parent or the child’s parents were never married, the FERS benefit payable to that child is the lesser of:
· $442 per month per child; or
· $1326 per month divided by the number of eligible children.
These rates, current as of 2001, are increased by annual cost-of-living adjustments.
Retirement Payout Eligibility
If the survivor chooses workers’ compensation benefits over the FERS Basic Employee Death Benefit and/or survivor benefits, the employee’s retirement contributions in the Civil Service Retirement and Disability Fund, plus interest, are payable.
The employee’s retirement contributions are paid to the first person eligible under the following order of precedence:
· beneficiary designated by the deceased in writing which is signed and witnessed and is received at his/her employing agency prior to death; OR, if none, then to
· spouse of the deceased; Or, if none, then to
· children of the deceased ( or descendents or deceased children); OR, if none, then to
· parents or the deceased; OR, if none, then to
· executor or administrator of the deceased person’s estate; OR, if none, then to
· next of kin of the deceased according to the laws in the deceased person’s state of domicile.
INSURANCE BENEFITS
Life Insurance Benefits
Beneficiaries of employees covered under the Federal Employees’ Group Life Insurance (FEGLI) Program are entitled to Basic insurance death benefits. The Basic insurance amount is equal to an employee’s annual salary, rounded up to the next thousand-dollar amount, plus $2,000. (A higher amount is payable if an employee was under age 45 at the time of death.)
If an employee elected Option A (standard optional insurance) and/or Option B (additional optional insurance), beneficiaries will receive those death benefits also, Option A coverage is $10,000. Option B comes in 1-5 multiples of an employee’s salary.
In addition, Basic insurance and Option A have accidental death and dismemberment (AD&D) benefits. However, there is no AD&D coverage with Option B. Accidental death benefits for Basic insurance benefits are equal to the Basic insurance amount; accidental death benefits for Option A are $10,000. These benefits are payable in addition to regular death benefits.
If the Federal employee had assigned ownership of the life insurance policy, it shall be paid according to a particular order. If the Federal employee did not assign ownership and there is no valid court order, the benefits are paid in the following order:
v First, to the beneficiary designated by the Federal employee;
v Second, if there is no such beneficiary, to the widow or widower;
v Third, if none of the above, to a child or children, with the share of any deceased child distributed among descendants of that child (a court will usually have to appoint a guardian to receive payment for a minor child);
v Fourth, if none of the above, to parents of the deceased in equal shares or the entire amount to the surviving parent;
v Fifth, if none of the above, to the executor or administrator of the deceased’s estate;
v Sixth, if none of the above, to the deceased’s other next of kin as determined under the laws of the State where the deceased lived.
Life insurance benefits are not considered taxable income to recipients for income tax purposes. Life insurance benefits are paid in addition to any workers’ compensation, Social Security, or Federal retirement pension benefits.
Health Insurance Benefits
If a Federal civilian employee dies while enrolled for self and family coverage under the Federal Employees Health Benefits (FEHB) Program, all eligible family members will continue to be covered under FEHB as long as at least one family member is entitled to an annuity as a survivor. Eligible survivors are entitled to the same benefits and Government contribution as active and retired employees enrolled in the same plan. The survivor annuitant’s share of the premium normally is deducted from the annuity payments. The survivor needs to take no action. The change in enrollment will be processed by the employee’s former agency and OPM.
FERS survivors may be entitled to continue their FEHB coverage even if they will not receive a monthly survivor annuity benefit. Spouses, who are entitled to receive the FERS Basic Employee Death Benefit and child survivors whose FERS survivor annuity benefits are reduced by the amount of Social Security payable, may continue their health benefits enrollment by payment of premiums directly to OPM.
Eligible family members include a spouse who was married to the Federal civilian employee at the time of death and unmarried dependent children under age 22. This includes:
v A legitimate child
v An adopted child
v A stepchild, foster child, or recognized natural child who lived with deceased in a regular parent-child relationship.
v A recognized natural child for whom a judicial determination of support has been obtained, or to whose support the employee made regular and substantial contributions.
v An unmarried disabled child, regardless of age, if the disability occurred before age 22.
Social Security Benefits
Below you will find a summary of Social Security benefits. For more detailed information, visit the Social Security Administration web site, www.ssa.gov.
Survivor Benefits
Social Security will pay survivor benefits to a surviving spouse and dependent children. For the spouse to qualify, he or she must be at least age 60, or between the ages of 50 and 59 disabled, or any age and caring for a child under the age of 16, or a disabled child. Children may qualify for benefits if they are under age 18 (or under age 19, if in high school) or disabled. Dependent parents and former spouses may also qualify for survivor benefits. The amount of the benefit depends on the deceased employee’s Social Security earnings and the number of survivors eligible for benefits.
Lump Sum Death Payment
A lump sum of $225 is payable to a surviving spouse provided the deceased employee and the spouse were living together at the time of death, or the surviving spouse is entitled to survivor benefits. If there is no surviving, the lump sum is paid to children who are eligible for benefits. Otherwise, the lump sum is not payable.
Educational Benefits
Public Safety Officer’s Educational Assistance
Program
This Department of Justice program provides educational assistance to children and spouses of law enforcement, fire and emergency public safety officers killed or disabled in the line of duty. Available only to those survivors who have received benefits under the Public Safety Officers’ Benefits program listed under one-time death benefits.
The benefits may be used solely to defray educational expenses, including tuition, room and board, books, supplies, and other education fees. The allowance, as of 2001, is $404 per month for full-time students, and lesser amounts for part-time students. Covers all eligible survivors of public safety officers killed or permanently disabled on or after January 1978. Contact: PSOB, Bureau of Justice Assistance, 810 7th Street, NW, Washington, DC 20531—(888) 744-6513 or www.ncjrs.org/pdffiles1/bja/fs000270.pdf
National Fallen Firefighters Foundation
Scholarship Program
This program offers educational assistance to spouses,
children, and stepchildren of firefighters honored at the National Fallen
Firefighters Memorial in Emmitsburg, Maryland. Application form and information
are available online at www.firehero.org
or call (301) 447-1365 for assistance.