CHAPTER 246

An Act to amend and reenact §§ 15-555 and 65-4, as amended. of the
Code of Virginia, relating, respectively, to allowances to officials, em-
ployees, policemen or firemen, and their dependents in case of death,
when injured in performance of duties or when death results from
injuries in the performance of duties, and to the definition of “em-
ployees’”’ under Title 65, so as to include sheriffs and deputy sheriffs,
town and city sergeants and town and city deputy sergeants.

[H 224]
Approved March 13, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 15-555 and 65-4, as amended, of the Code of Virginia, be
amended and reenacted as follows:

§ 15-555. The governing body of any county, city or town is au-
thorized in its discretion to make allowances by appropriation of funds,
payable in monthly or semimonthly installments, for the relief of any
of its officials, employees, policemen *, firemen, sheriffs or deputy sheriffs,
town and city sergeants and town and city deputy sergeants, or their
dependents, who suffer injury or death as defined in Title 65, whether
such injury was suffered or death occurs before or after June twenty-
ninth, nineteen hundred forty-eight. The allowance shall not exceed the
salary or wage being paid such official, employee, policeman *, fireman,
sheriff or deputy sheriff, town and city sergeants and town and city
deputy sergeants, at the time of such injury or death, and the pay-
ment of the allowance shall not extend beyond the period of disability
resulting from such injury. In case death results from the injury,
the allowance may he made for the dependents as defined in Title
65. In counties, cities and towns which have established retirement or
pension systems for injured, retired or superannuated officials, employees,
members of police or fire departments, sheriffs, deputy sheriffs, town and
city sergeants and town and city deputy sergeants, or for the de-
pendents of those killed in line of duty, the agencies provided for the
administration of such systems shall determine the existence of such
injury or cause of death before any appropriation to pay such allowance
is made and shall determine the extent of and period of disability result-
ing from such injury and the cause in case of death. All sums paid to any
such official, employee, policeman, * fireman, sheriff or deputy sheriff,
town and city sergeants and town and city deputy sergeants, as compen-
sation under Title 65 and all sums paid to the dependents of such official,
employee, policeman *, fireman, sheriff or deputy sheriff, town and city
sergeants and town and city deputy sergeants, if he is killed, and all
sums paid under any retirement or pension system shall be deducted
from the allowance made under this section in such installments as the
agency determines. If the agency determines that any official, employee,
policeman, * fireman, sheriff or deputy sheriff, town and city sergeants
and town and eity deputy sergeants, who suffered injury in the line of
duty is engaged or is able to engage in a gainful occupation, then the
allowance shall be reduced by the agency to an amount which, together
with the amount earnable by him, equals the allowance. Should the earn-
ing capacity of the official, employee, policeman *, fireman, sheriff or
deputy sheriff, town and city sergeants and town and city deputy ser-
geants, be later changed, such allowance may be further modified, up or
down, provided the new allowance shall not exceed the amount of the
allowance originally made nor an amount which, when added to the
amount earnable by him, exceeds such allowance.

§ 65-4. Unless the context otherwise requires “employee” includes
every person, including a minor, in the service of another under any
contract of hire or apprenticeship, written or implied, except one whose
employment is not in the usual course of the trade, business, occupation
or profession of the employer; and as relating to those so employed by the
State the term “employee” includes the officers and memhers of the Na-
tional Guard, the Virginia State Guard and the Virginia Reserve Militia,
the forest wardens, and all other officers and employees of the State, except
only such as are elected by the people or by the General Assembly, or
appointed by the Governor, either with or without the confirmation of
the Senate; as relating to municipal corporations and political divisions
of the State, the term “employee” includes all officers and employees
thereof, except such as are elected by the people or by the governing
body of the municipal corporation or political division, who act in purely
administrative capacities and are to serve for a definite term of office.
Policemen and firemen, except policemen and firemen in cities containing
more than two hundred thirty thousand inhabitants, and sheriffs and
their deputies, town and city sergeants and town and city deputy
sergeants, shall be deemed to be employees of the respective cities,
counties or towns in which their services are employed and by whom
their salaries are paid. Any reference to an employee who has been in-
jured shall, when the employee is dead, include also his legal representa-
tive, dependents and other persons to whom compensation may be payable.
For the purpose of this act the average weekly wage of the noncom-
missioned officers and members of the National Guard, the Virginia
State Guard and the Virginia Reserve Militia, and forest wardens, shall
be deemed to be such amount as will entitle them to the maximum com-
pensation payable under this act; provided, however, that any award
entered under the provisions of this title on behalf of officers, noncom-
missioned officers or members of the National Guard, or their dependents,
shall be subject to credit for benefits paid them under existing or future
federal law on account of injury or occupational disease covered by the
provisions of the Virginia Workmen’s Compensation Act.