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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev.04/03
STATE OF WEST VIRGINIA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Vital Registration
Office, State Office Building No. 3, Charleston, WV 25305, telephone (304) 348-2931.
STATE DEATH BENEFITS
No one-time state death benefit is currently available.
STATE PENSION BENEFITS
Surviving spouse:
Equal monthly benefit derived from the following: the greater of an amount equal to 5
1/2% of the total salary which would have been earned during 25 years of service or the
sum of $6,000.
Surviving children:
$100 per month. 25% of spouse entitlement goes to child(ren) upon death of the sole
surviving parent.
Dependent parents:
May receive 25% of benefit if no surviving spouse or child(ren). One surviving parent
receives 12 1/2%.
Depending on the retirement plan your law enforcement officer was a member of, contact
The Public Safety Retirement Board or the Consolidated Retirement Board, Mr. Jim
Sims, Executive Director, Bldg. 5, Room 1000, 1900 Kanawha Blvd. East, Charleston,
WV 25305-0720.
EDUCATION BENEFITS
Children and spouses of law enforcement officers killed in the line of duty of are eligible to
attend West Virginia colleges. For specific details contact the Board of Regents of the
appropriate institution.
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HEALTH BENEFITS
Health benefits vary from agency to agency. Check with your local departmental benefits
specialist to determine what health benefits you and your dependents may be eligible to
receive.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers in West Virginia. Members of
the West Virginia State Police are not covered by Workers Compensation because the
department has statutory authority to pay wages and medical costs for work related injuries
and/or disabilities.
Benefit is 70% of employee's wage for a spouse only or a spouse with child(ren) with a
minimum weekly benefit of $140.11 and a maximum weekly benefit of $420.33. Benefits
for spouse cease upon remarriage. Children receive benefits until age 18 or beyond age 18
if disabled, or until age 25 if full-time students. Maximum burial allowance is $3,500.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers' compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by
the Workers' Compensation Appeals Board.
Contact the Bureau of Employment Programs, Workers' Compensation Division,
Department of Commerce Labor and Environmental Resources, 601 Morris Street,
Charleston, WV 25301, telephone (304) 558-1580.
PERSONAL LIFE POLICIES
Descent and Distribution: Descent. - Any part of decedent's estate not effectively disposed
of by will passes by intestate succession to decedent's heirs in following
course, except as modified by decedent's will:
(1) Entire estate to surviving spouse if decedent has no surviving
parent or descendant, or surviving descendants of decedents are
also descendants of surviving spouse;
(2) Three-fourths of estate to surviving spouse if decedent has no
surviving descendants but has surviving parent;
(3) Three-fifths of estate to surviving spouse if decedent left
descendants by surviving spouse, but surviving spouse also has
descendants by different partner;
(4) One-half of estate to surviving spouse if decedent left
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descendants by different partner.
Any part of intestate estate not passing to surviving spouse, or entire estate if no surviving
spouse, passes to the following individuals in following course:
(1) to decedent's descendants by representation;
(2) to surviving parents equally, or to surviving parent;
(3) descendants of decedent's parents by representation;
(4) half of estate to surviving paternal grandparents equally, or to
surviving paternal grandparent or to their descendants by
representation if both deceased; and other half to decedent's
maternal relatives in same matter; but if no surviving grandparent
or descendant of grandparent on either paternal or maternal side,
entire estate passes to decedent's relatives on other side in same
manner as half.
Distribution of personality is according to same rules as descent of realty.
Surviving spouse - For rights, see two preceding paragraphs. Rights of surviving spouse are
barred for same causes as will bar dower and also upon conviction of felonious killing of, or
conspiracy to kill, spouse. Surviving spouse may elect to take intestate share against will.
ADDITIONAL BENEFITS
The Crime Victims Compensation Act will make a $50,000 payment for felonious deaths,
and a $35,000 payment will be made for serious injury for criminal acts.
A West Virginia Police Memorial is located on the State Capitol Complex in Charleston,
West Virginia. Name submission forms may be obtained by calling or writing to West
Virginia Court of Claims, State Capitol Building, Charleston, WV 25305; (304) 348-
3471.
The West Virginia Troopers' Association will pay a $5,000 life insurance benefit to the
beneficiaries of its members.
Southern States Police Benevolent Association, Inc.
The PBA member’s beneficiary will receive their base salary for one if year they are killed
accidentally or intentionally while performing their law enforcement duties (maximum
payout: $60,000). The beneficiary will receive $5,000 if it is not an occupational death or if
you are a retired or reserve member. Any active Southern States PBA member in good
standing and dues current will receive this benefit. Contact: Southern States Police
Benevolent Association, Inc., 1900 Brannan Road, McDonough, GA 30253-4310,
telephone 1-800-233-3506, or visit www.sspba.org.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller