Any member who dies as a result of any service related illness or injury after the effective date is entitled to a lump sum burial benefit of $5,000. If the member is married, the burial benefit shall be paid to the members spouse. If the member is not married, the burial benefit shall be paid to the members estate for the purposes of paying burial expenses, settling the members final affairs, or both. Any unspent balance shall be distributed as a part of the members estate. Burial benefits awarded pursuant to this section are not subject to division or payable to an alternate payee by any Qualified Domestic Relations Order.
West Virginia Legal Code