§ 24-6-218 - Benefits -- Survivors' benefits upon death of officer killed in line of duty while not member of system.
24-6-218. Benefits -- Survivors' benefits upon death of officer killed in line of duty while not member of system.
(a) (1) In the event any uniformed employee of the Department of Arkansas State Police is killed while in the performance of his duties, yet the widow and surviving children of the uniformed employee of the department are deprived of receiving benefits as prescribed in 24-6-217 because the uniformed employee was not a member of the system at the time of his death, or had not completed any probationary period of service required by regulations of the Arkansas State Police Commission, or had not obtained sufficient service for benefits, the widow may make application to the Board of Trustees of the State Police Retirement System.
(2) Upon establishing proof of the facts set forth in this subsection, the widow and surviving children shall be eligible for and receive survivors' benefits for herself and the unmarried children of the deceased uniformed employee who was killed in the line of duty, which children are under eighteen (18) years of age or age twenty-two (22) while enrolled in an institution of higher education, as provided in 24-6-217.
(b) Upon the reaching of eighteen (18) years of age by the unmarried children or the failure to enroll in an institution of higher education if the child is under age twenty-two (22), the widow shall continue to receive benefits as provided by law, but upon her remarriage or death, the benefits shall terminate.
(c) It is the specific intent of this section that widows as described in this section be eligible for survivors' benefits for themselves and any unmarried children under eighteen (18) years of age of the deceased uniformed employee of the department who was killed in the line of duty, or any children under age twenty-two (22) while enrolled in an institution of higher education, irrespective of whether the employee was a member of, or was eligible for benefits under, the State Police Retirement System at the time of his death.
(d) Upon certification of these facts by the board, the Director of the Department of Finance and Administration shall direct the Treasurer of State to transfer from the Department of Arkansas State Police Fund, annually, to the State Police Retirement Fund an amount equal to the funds expended from the State Police Retirement Fund for the payment of survivors' benefits as authorized in this section in order to reimburse the fund therefor.
(e) (1) For purposes of this section, "an institution of higher education" means any public university, college, community college, and any nonpublicly supported not-for-profit college or university.
(2) The board is hereby authorized to establish through rules and regulations a means of verification of enrollment in an institution of higher education by a surviving child under this section for purposes of continuation of pension benefits.