Line of Duty Act (LODA)

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Q.  What is the Line of Duty Act (LODA)?

A.  The Virginia LODA provides benefits to eligible family members of eligible employees and volunteers killed in the line of duty.  In addition, there are benefits for those eligible employees and volunteers who become disabled in the line of duty and their eligible family members.

Q.  Who is eligible for LODA benefits?

A.  To be eligible for LODA benefits, the employee must serve in an eligible position for state or local government in Virginia.  Death or disability must occur in the line of duty as the direct or proximate result of performance of duty, including presumptions as applicable.

The Code of Virginia 9.1-400 defines LODA eligible positions as:

  • Law-enforcement officer of the Commonwealth or any of its political subdivisions.
  • Correctional Officer as defined in 53.1-1
  • Jail Officer
  • Police Champlain
  • Member of any fire company or department or emergency medical services agency that has been recognized by an ordinance or a resolution of the governing body of any county, city or town of the Commonwealth as an integral part of the official safety program of the county, city or town.

For a complete list of LODA eligible positions, please visit www.valoda.org.

Q.  What benefits does LODA offer?

A.  LODA provides disability, death and health benefits to eligible employees and their eligible family members.

Death Benefit

  • You may be eligible for death benefits if the LODA eligible employee or volunteer dies in the line of duty.
  • Eligible spouse and family members may qualify for premium-free coverage medical, vision and dental insurance.
  • A one-time payment made to the beneficiary or beneficiaries of the deceased eligible employee or volunteer.
  • Click here for more information regarding LODA death benefits.

Disability Benefit

  • You may be eligible for LODA Disability benefits if you are an eligible employee and become disabled in the line of duty.
  • The eligible employee, eligible spouse and eligible family members may enroll in the LODA health benefits plans.
  • Click here for more information regarding LODA Disability benefits.

Health Benefits

  • Health benefits include medical, vision and dental coverage.
  • Premium-free coverage for eligible employees and/or eligible family members.
Q.  I want to file a claim for the disability benefits.  What do I need to do?

A.  If you are an eligible employee and you have been disabled while in the line of duty you need to complete and submit the Claim for Line of Duty Act (LODA) Benefits form and the supporting documentation to your employer.   Please use the following as a check list to ensure you have the necessary documentation when filing for a disability benefit claim.

  • Claim for Line of Duty Form (LODA-1)
  • Incident Report
  • Job Description
  • Pre-employment Physical Report (if applicable)
  • Certification of Status as Volunteer (if applicable)
  • Worker's Compensation Award
  • Physician's Report (LODA-04)
  • Medical Information to support the claim
  • Employer Information for LODA Benefits Form (LODA-5)

If the LODA disability claim is approved you will receive, by mail, an approval packet with information from VRS.  The approval packet will include the LODA Health Benefits Plans enrollment form for the claimant and for eligible family members.  

Q.  My disability claim was denied.  Can my claim be re-considered?

A.  If your disability claim has been denied, you will receive a letter from VRS in the mail.  The instructions on how to file an appeal will be included, as well as, the deadline for further documentation to be received.

Q.  My spouse was killed in the line of duty and I want to file a claim for death benefits.  What do I need to do?

A.  If you are an eligible spouse or family member of an eligible employee who was killed in the line of duty you can file a death benefits claim with VRS.  You need to complete and submit the Claim for Line of Duty Act (LODA) Benefits form and the supporting documentation to your employer.   Please use the following as a check list to ensure you have the necessary documentation when filing for death benefit claim.

  • Claim for Line of Duty Form (LODA-1)
  • Incident Report
  • Job Description
  • Pre-employment Physical Report (if applicable)
  • Certification of Status as Volunteer (if applicable)
  • Death Certificate
  • Coroner's Report
  • Will
  • Medical Information to support the claim

If the LODA death benefit claim is approved you will receive, by mail, an approval packet with information from VRS.  The approval packet will include the LODA Health Benefits Plans enrollment form for the claimant and for eligible family members.  

Q.  The death benefit claim was denied.  Can my claim be re-considered?

A.  If your death benefit claim has been denied, you will receive a letter from VRS in the mail.  The instructions on how to file an appeal will be included, as well as, the deadline for further documentation to be received.

Q.  Is there a time limitation on filing a claim?

A.  Yes there is a time limitation on filing a claim for LODA benefits.  All claims should be submitted as soon as possible.  However, an eligible employee or eligible family member can submit a claim within five (5) years of the date of death or onset of a disability.  A claim submitted after five (5) years of the date of death or onset of a disability will not be eligible for coverage.

Q.  How can I change my the beneficiaries?

A.  Anytime an eligible employee wants to update their beneficiaries, the need to complete the VRS beneficiary form.  Return your completed beneficiary form to your human resources department.  Employees are encouraged to create an account with VRS so they can monitor and make changes to their account as needed.

Q.  Are there resources available to learn more about the LODA benefits?

A.  Yes LODA provides videos for eligible employees and eligible family members to become more familiar with the benefits and how to apply for them.  Click on the titles below to watch the videos offered.

LODA Welcome Video

LODA Overview for Participants

How to Apply for LODA Benefits

Participant Guide

 

Contact your Human Resources representative  at (757) 787-5705 or AskHR@co.accomack.va.us.