CHAPTER 624

AN ACT to amend and reenact § 51-136.1 of the Code of Virginia, to pro-
vide for the making of determinations by the Industrial Commission
in cases involving allowances to survivors of members of the State
police officers’ retirement system and for the authorization and
computation of allowances to such survivors when no award is made
under the Virginia Workmen’s Compensation Act. S 315]

[

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 51-136.1 of the Code of Virginia be amended and reenacted
as follows:

§ 51-136.1. (a) If a member hereafter dies in service at any time
before retirement from a cause determined by the Industrial Commission
to be compensable under the Virginia Workmen’s Compensation Act,
there shall be paid, an annual allowance payable monthly to the widow of
such member during her widowhood, if he leaves a widow, equal to one-
half of the member’s average final compensation. If he leaves no widow
or the widow dies or remarries then such child or children, if any, of the
deceased member, under the age of eighteen years shall be paid such
allowance until such child or children die or attain the age of eighteen
years, whichever shall first occur. If more than one child survives the
deceased member, the allowance shall be divided among them in such
manner as the Board may determine. If the deceased member leaves
neither widow nor child or children under the age of eighteen years, then
such allowance shall be paid to his parent or parents wholly dependent
upon him for support, divided in such manner as the Board may determine,
during the life or lives of such parent or parents; provided, however, the
amount of any allowance payable under this paragraph shall be reduced
by the amount of any Social Security benefits arising from coverage of
the member under the Federal Social Security Act to which any such
widow, child or parent may become entitled under the Federal Social
Security Act in effect at the member’s death. The compensation finally
awarded under the Virginia Workmen’s Compensation Act for the death
of such member shall be deducted from the benefit provided for in this sec-
tion, and the excess of the benefit, if any, shall be paid to the person or
persons herein specified. When the time for which payment of the com-
pensation finally awarded under that act has elapsed, such person or persons
shall thereafter receive the full amount of the benefit payable subject to
the reduction of the Federal Social Security Act benefit, if any.

(b) If damages for the death of a member are recovered—by legal
proceedings, settlement or otherwise—from the person or persons causing
such death, and no compensation is finally awarded under the Virginia
Workmen’s Compensation Act, the allowance provided for in this section
shall nevertheless be paid to the persons specified in paragraph (a), pro-
vided the Industrial Commission determines that such member died from
@ cause compensable under the Virginia Workmen’s Compensation Act.
For the purposes of this section, the Industrial Commission is authorized
to make such determination at any time upon the request of the Board of
Trustees of the Virginia Supplemental Retirement System. In such cases,
there shall be deducted from the allowance provided for in this § (1)
the amount of any Federal Social Security Act benefits specified in para-
graph (a), and (2) an amount equal to the maximum amount which could
have been awarded under the Virginia Workmen’s Compensation Act if
an award had been made thereunder; and the excess, if any, shall be paid
to the person or persons herein specified. When the time for which the
payment of compensation finally awarded under the Virginia Workmen’s
Compensation Act would have elapsed if an award had been made there-
under, the person or persons herein specified shall thereafter receive the
full amount of the allowance provided for in this section, subject to the
reduction of the Federal Social Security Act benefit, if any. This paragraph
shall apply to any case arising since July one, nineteen hundred fifty-four.