§ 15.2-1511. Allowances to injured officials and employees and theirdependents.
The governing body of any locality is authorized in its discretion to makeallowances by appropriation of funds, payable in monthly or semimonthlyinstallments, for the relief of any of its officials, employees, policeofficers, firefighters, sheriffs or deputy sheriffs, town sergeants and towndeputy sergeants, or their dependents, who suffer injury or death as definedin Title 65.2, whether such injury was suffered or death occurs before orafter June 29, 1948 (which date is the effective date of the section). Theallowance shall not exceed the salary or wage being paid such official,employee, police officer, firefighter, sheriff or deputy sheriff, townsergeants and town deputy sergeants, at the time of such injury or death, andthe payment of the allowance shall not extend beyond the period of disabilityresulting from such injury. In case death results from the injury, theallowance may be made for the dependents as defined in Title 65.2. Inlocalities which have established retirement or pension systems for injured,retired or superannuated officials, employees, members of police or firedepartments, sheriffs, deputy sheriffs, town sergeants and deputy sergeants,or for the dependents of those killed in line of duty, the agencies providedfor the administration of such systems shall determine the existence of suchinjury or cause of death before any appropriation to pay such allowance ismade and shall determine the extent of and period of disability resultingfrom such injury and the cause in case of death. All sums paid to any suchofficial, employee, police officer, firefighter, sheriff or deputy sheriff,town sergeants and deputy sergeants, as compensation under Title 65.2 and allsums paid to the dependents of such official, employee, police officer,firefighter, sheriff or deputy sheriff, town sergeant and deputy sergeant, ifhe is killed, and all sums paid under any retirement or pension system shallbe deducted from the allowance made under this section in such installmentsas the agency determines. If the agency determines that any official,employee, police officer, firefighter, sheriff or deputy sheriff, townsergeant and deputy sergeant, who suffered injury in the line of duty isengaged or is able to engage in a gainful occupation, then the allowanceshall be reduced by the agency to an amount which, together with the amountearnable by him, equals the allowance. Should the earning capacity of theofficial, employee, police officer, firefighter, sheriff or deputy sheriff,town sergeant and deputy sergeant, be later changed, such allowance may befurther modified, up or down, provided the new allowance shall not exceed theamount of the allowance originally made nor an amount which, when added tothe amount earnable by him, exceeds such allowance.
The death of, or any condition or impairment of health of, any member of alocal police department, or of a sheriff or deputy sheriff, caused byhypertension or heart disease resulting in total or partial disability shallbe presumed to have been suffered in the line of duty unless the contrary beshown by competent evidence; provided that prior to making any claim basedupon such presumption for retirement, sickness or other benefits on accountof such death or total or partial disability, such member, sheriff, or deputysheriff, shall have been found free from hypertension or heart disease, asthe case may be, by a physical examination which shall include suchappropriate laboratory and other diagnostic studies as such governing bodyshall prescribe and which shall have been conducted by physicians whosequalifications shall have been prescribed by such governing body. In the caseof a claim for disability, that any such member, sheriff, or deputy sheriff,shall, if requested by such governing body or its authorized representative,submit himself to physical examination by any physician designated by suchgoverning body, such examination to include such tests or studies as mayreasonably be prescribed by the physician so designated. Such member, sheriffor deputy sheriff, or claimant shall have the right to have present at suchexamination, at his own expense, any qualified physician he may designate. Inthe case of a claim for death benefits, any person entitled to make a claimfor such benefits, claiming that such person's death was suffered in the lineof duty, shall submit the body of the deceased to a postmortem examination tobe performed by the medical examiner for the county, city or town appointedunder § 32.1-282.
(Code 1950, § 15-555; 1950, p. 315; 1954, c. 246; 1960, c. 487; 1962, c. 623,§ 15.1-134; 1971, Ex. Sess., c. 155; 1973, c. 499; 1976, c. 769; 1977, c.326; 1997, c. 587.)
§ 15.2-1511. Allowances to injured officials and employees and theirdependents.
The governing body of any locality is authorized in its discretion to makeallowances by appropriation of funds, payable in monthly or semimonthlyinstallments, for the relief of any of its officials, employees, policeofficers, firefighters, sheriffs or deputy sheriffs, town sergeants and towndeputy sergeants, or their dependents, who suffer injury or death as definedin Title 65.2, whether such injury was suffered or death occurs before orafter June 29, 1948 (which date is the effective date of the section). Theallowance shall not exceed the salary or wage being paid such official,employee, police officer, firefighter, sheriff or deputy sheriff, townsergeants and town deputy sergeants, at the time of such injury or death, andthe payment of the allowance shall not extend beyond the period of disabilityresulting from such injury. In case death results from the injury, theallowance may be made for the dependents as defined in Title 65.2. Inlocalities which have established retirement or pension systems for injured,retired or superannuated officials, employees, members of police or firedepartments, sheriffs, deputy sheriffs, town sergeants and deputy sergeants,or for the dependents of those killed in line of duty, the agencies providedfor the administration of such systems shall determine the existence of suchinjury or cause of death before any appropriation to pay such allowance ismade and shall determine the extent of and period of disability resultingfrom such injury and the cause in case of death. All sums paid to any suchofficial, employee, police officer, firefighter, sheriff or deputy sheriff,town sergeants and deputy sergeants, as compensation under Title 65.2 and allsums paid to the dependents of such official, employee, police officer,firefighter, sheriff or deputy sheriff, town sergeant and deputy sergeant, ifhe is killed, and all sums paid under any retirement or pension system shallbe deducted from the allowance made under this section in such installmentsas the agency determines. If the agency determines that any official,employee, police officer, firefighter, sheriff or deputy sheriff, townsergeant and deputy sergeant, who suffered injury in the line of duty isengaged or is able to engage in a gainful occupation, then the allowanceshall be reduced by the agency to an amount which, together with the amountearnable by him, equals the allowance. Should the earning capacity of theofficial, employee, police officer, firefighter, sheriff or deputy sheriff,town sergeant and deputy sergeant, be later changed, such allowance may befurther modified, up or down, provided the new allowance shall not exceed theamount of the allowance originally made nor an amount which, when added tothe amount earnable by him, exceeds such allowance.
The death of, or any condition or impairment of health of, any member of alocal police department, or of a sheriff or deputy sheriff, caused byhypertension or heart disease resulting in total or partial disability shallbe presumed to have been suffered in the line of duty unless the contrary beshown by competent evidence; provided that prior to making any claim basedupon such presumption for retirement, sickness or other benefits on accountof such death or total or partial disability, such member, sheriff, or deputysheriff, shall have been found free from hypertension or heart disease, asthe case may be, by a physical examination which shall include suchappropriate laboratory and other diagnostic studies as such governing bodyshall prescribe and which shall have been conducted by physicians whosequalifications shall have been prescribed by such governing body. In the caseof a claim for disability, that any such member, sheriff, or deputy sheriff,shall, if requested by such governing body or its authorized representative,submit himself to physical examination by any physician designated by suchgoverning body, such examination to include such tests or studies as mayreasonably be prescribed by the physician so designated. Such member, sheriffor deputy sheriff, or claimant shall have the right to have present at suchexamination, at his own expense, any qualified physician he may designate. Inthe case of a claim for death benefits, any person entitled to make a claimfor such benefits, claiming that such person's death was suffered in the lineof duty, shall submit the body of the deceased to a postmortem examination tobe performed by the medical examiner for the county, city or town appointedunder § 32.1-282.
(Code 1950, § 15-555; 1950, p. 315; 1954, c. 246; 1960, c. 487; 1962, c. 623,§ 15.1-134; 1971, Ex. Sess., c. 155; 1973, c. 499; 1976, c. 769; 1977, c.326; 1997, c. 587.)
§ 15.2-1511. Allowances to injured officials and employees and theirdependents.
The governing body of any locality is authorized in its discretion to makeallowances by appropriation of funds, payable in monthly or semimonthlyinstallments, for the relief of any of its officials, employees, policeofficers, firefighters, sheriffs or deputy sheriffs, town sergeants and towndeputy sergeants, or their dependents, who suffer injury or death as definedin Title 65.2, whether such injury was suffered or death occurs before orafter June 29, 1948 (which date is the effective date of the section). Theallowance shall not exceed the salary or wage being paid such official,employee, police officer, firefighter, sheriff or deputy sheriff, townsergeants and town deputy sergeants, at the time of such injury or death, andthe payment of the allowance shall not extend beyond the period of disabilityresulting from such injury. In case death results from the injury, theallowance may be made for the dependents as defined in Title 65.2. Inlocalities which have established retirement or pension systems for injured,retired or superannuated officials, employees, members of police or firedepartments, sheriffs, deputy sheriffs, town sergeants and deputy sergeants,or for the dependents of those killed in line of duty, the agencies providedfor the administration of such systems shall determine the existence of suchinjury or cause of death before any appropriation to pay such allowance ismade and shall determine the extent of and period of disability resultingfrom such injury and the cause in case of death. All sums paid to any suchofficial, employee, police officer, firefighter, sheriff or deputy sheriff,town sergeants and deputy sergeants, as compensation under Title 65.2 and allsums paid to the dependents of such official, employee, police officer,firefighter, sheriff or deputy sheriff, town sergeant and deputy sergeant, ifhe is killed, and all sums paid under any retirement or pension system shallbe deducted from the allowance made under this section in such installmentsas the agency determines. If the agency determines that any official,employee, police officer, firefighter, sheriff or deputy sheriff, townsergeant and deputy sergeant, who suffered injury in the line of duty isengaged or is able to engage in a gainful occupation, then the allowanceshall be reduced by the agency to an amount which, together with the amountearnable by him, equals the allowance. Should the earning capacity of theofficial, employee, police officer, firefighter, sheriff or deputy sheriff,town sergeant and deputy sergeant, be later changed, such allowance may befurther modified, up or down, provided the new allowance shall not exceed theamount of the allowance originally made nor an amount which, when added tothe amount earnable by him, exceeds such allowance.
The death of, or any condition or impairment of health of, any member of alocal police department, or of a sheriff or deputy sheriff, caused byhypertension or heart disease resulting in total or partial disability shallbe presumed to have been suffered in the line of duty unless the contrary beshown by competent evidence; provided that prior to making any claim basedupon such presumption for retirement, sickness or other benefits on accountof such death or total or partial disability, such member, sheriff, or deputysheriff, shall have been found free from hypertension or heart disease, asthe case may be, by a physical examination which shall include suchappropriate laboratory and other diagnostic studies as such governing bodyshall prescribe and which shall have been conducted by physicians whosequalifications shall have been prescribed by such governing body. In the caseof a claim for disability, that any such member, sheriff, or deputy sheriff,shall, if requested by such governing body or its authorized representative,submit himself to physical examination by any physician designated by suchgoverning body, such examination to include such tests or studies as mayreasonably be prescribed by the physician so designated. Such member, sheriffor deputy sheriff, or claimant shall have the right to have present at suchexamination, at his own expense, any qualified physician he may designate. Inthe case of a claim for death benefits, any person entitled to make a claimfor such benefits, claiming that such person's death was suffered in the lineof duty, shall submit the body of the deceased to a postmortem examination tobe performed by the medical examiner for the county, city or town appointedunder § 32.1-282.
(Code 1950, § 15-555; 1950, p. 315; 1954, c. 246; 1960, c. 487; 1962, c. 623,§ 15.1-134; 1971, Ex. Sess., c. 155; 1973, c. 499; 1976, c. 769; 1977, c.326; 1997, c. 587.)
