§ 86-152. Death benefits.  


Latest version.
  • When any member or retirant shall die and leave dependents, the following benefits shall apply: If any member was on active duty, a benefit of one-fourth of the base pay the member was drawing shall be payable to a surviving widow, and a benefit of one-eighth of the base pay shall be payable to each surviving minor child until such child reaches the age of 18 years. If the member was a retirant, then that amount to be paid to the surviving widow shall be one-half of the retirant's benefit and that amount paid to each surviving child shall be one-fourth of the retirant's benefit. In no case shall the combined amount paid to a surviving widow and children exceed the total amount of benefit the member would have received as a retirant had he survived. If the retirant does not leave a surviving widow, but does leave a surviving mother or father, then a benefit equal to that payable to a surviving widow may be paid to surviving dependent parent. If the surviving widow of a deceased member dies or remarries, then no further payments shall be made for such survivor; however, if there is a surviving dependent parent, such payments could then be made if dependency were established. If a surviving widow remarries and the marriage shall be dissolved, benefit payment shall not be re-established. If surviving children under the age of 18 are subsequently adopted, any benefit payment shall cease.

(Code 1960, § 19-11(D); Code 1981, § 26-76)