CHAPTER 438

An Act to amend and reenact § 51-111.58:1, of the Code of Virginia,
relating to certain survivor benefits under the retirement system when

a member dies before retirement.
[H 249]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:
1. That § 51-111.58:1 of the Code of Virginia be amended and reenacted
as follows:

§ 51-111.58:1. (a) Should a member die at any time before retire-
ment, and before attaining his sixtieth birthday, the amount of his
accumulated contributions, reduced by the amount of any retirement
allowance previously received by him under this chapter or the abolished
system, shall be paid to such person, if any, as he has nominated by
written designation signed and acknowledged by such member before
some person authorized to take acknowledgments and filed with the Board,
otherwise to his executors or administrators. Any such designation may be
changed by the member by the written designation of some other person,
signed, acknowledged and filed as aforesaid.

b) Should a member in service die at any time before retirement and
after attaining his sixtieth birthday, there shall be paid a retirement al-
lowance to the first of the following listed persons, if any, alive at the
death of the member: wife, husband, mother, father; such retirement
allowance shall be continued during the lifetime of the first listed person
qualifying therefor and shall be, (1) in the case of a member who dies
prior to attaining his sixty-fifth birthday, an allowance equal to one-half
of the decreased retirement allowance that would have been payable to
the member had the member retired on the date of his death after having
elected to have his allowance payable under the joint and last survivor
option described in subsection (a) (2) of § 51-111.60 so that one-half
thereof would be continued after his death to such first listed person; or,
(2) in the case of a member who dies after attaining his sixty-fifth birth-
day, an allowance equal to the decreased retirement allowance that would
have been payable to the member had the member retired on the date of
his death after having elected to have his allowance payable under the joint
and last survivor option described in subsection (a) (2) of § 51-111.60
so that the same amount would be continued after his death to such first
listed person. Provided that, in any case qualifying under (1) or (2) of
this subsection, in the determination of the allowance that would have
been payable to the member had the member retired on the date of his
death, the provisions of subsections (c) , (d) and (e) of § 51-111.55 shall
not apply; and provided further that if no such listed person survives
the member, or if the first such listed person so qualifying so elects in
writing under seal and duly acknowledged, the amount of the member’s
accumulated contributions, reduced by the amount of any retirement
allowance previously received by him under this chapter or the abolished
system, shall be paid to the person, if any, currently designated by the
member to have received any benefits due under subsection (a) of this
section upon the death of the member, or to the estate, if none be so
designated in lieu of any other benefits under this subsection.