Death while in service
(a) Upon death of a member while in service, if no duty-connected death annuity is payable, a payment of the accumulated contributions of the member shall be payable.
(b) Upon the death of a member while in service, not enrolled in the Government's Health Insurance Program, if no duty-connected death annuity is payable, a payment of the accumulated contributions of the member plus the following in lump sum shall be payable:
| To the beneficiary of a member having less than 5 years of credited service | An amount equal to one-third of the member's annual compensation in force at the time of death, provided that the rate of such compensation to be used for purposes of computing this death benefit shall not exceed $10,000 per year. |
| Having 5 years or more but less than 10 years of credited service | Two-thirds of the member's annual compensation in force at the time of death, provided that the rate of such compensation to be used for purposes of computing this death benefit payment shall not exceed $10,000 per year. |
| Having 10 years or more of credited service | The full annual compensation of the member in force at the time of death, not to exceed $10,000. |
Death after retirement
(c) Upon death of a retired member, unless an optional benefit has been elected as provided in section 707 of this title, a lump-sum payment equal to the excess of the annual salary of the member at the date of retirement as defined in section 702(a) of this title, plus the member's total contributions, over the amounts received by the member in annuity payments up to the time of his death, and if the member is enrolled in the Government's Health Insurance Program the Life Insurance Benefits of $5,000, shall be paid to the designated beneficiary of the member.
Designation of beneficiary's payment in absence of designation
(d) The death benefit payments as provided under subsections (a), (b) and (c) of this section shall be payable to a beneficiary designated by the member. In the absence of such designation, the death benefit payments provided under subsections (a), (b) and (c) of this section shall be payable to a beneficiary of the member in the following order of precedence:
(1) The surviving spouse
(2) If there is no surviving spouse, to the child or children, and descendants of children by representation, in equal amounts
(3) The parents of the member
(4) Where none of the above-named survive, the member's estate shall only be entitled to receive payment of the excess of the member's accumulated contributions over the amount of annuity payment received by the member up to the time of his death.
(e) Upon death of a member occurring while in service, the deceased member's surviving spouse shall be entitled to a payment of the accumulated contributions of the member. The accumulated contributions of the deceased are not payable to a surviving spouse who is entitled to a duty-connected death annuity. If there is no surviving spouse, the death benefit as provided in subsections (a) and (b), whichever is applicable, is payable.
(f) Upon the death of a member who is a police officer in the employ of the U.S. Virgin Islands Police Department (V.I.P.D.), a firefighter in the Virgin Islands Fire Service or in the Port Authority Fire Service, a Corrections Officer employed by the Bureau of Corrections, a Virgin Islands marshal and probation officer of the Superior Court, an Enforcement Officer of the Department of Planning and Natural Resources, or any agent of the Virgin Islands Drug Enforcement Bureau, who is killed in the performance of his official duty, whether or not such officer was officially on duty at the time of the incident which was the cause of the death, the mortuary service which prepares the body for burial or interment or renders any other services connected with the death, shall receive reimbursement, not to exceed $5,000, from the Government of the United States Virgin Islands for actual expenses incurred.
(1) Within three working days of the death of an employee covered under this subsection the head of the Department or Agency in which the person was employed, or his designee, shall certify the death to the Commissioner of Finance and shall deliver to the Commissioner of Finance a copy of the death certificate and an itemized accounting of mortuary or other services rendered.
(2) The Commissioner of Finance shall reimburse the mortuary service for actual expenses incurred, not to exceed $5,000, within two weeks of the date of receipt of the documents delivered to him pursuant to paragraph (1) of this subsection.