48-269. Same; death benefits; computation; beneficiaries.
48-269
48-269. Same; death benefits; computation;beneficiaries.Whenever a member is entitled to death benefits under this act: (a) Themember's estate shall be paid an amount equal to (1) any reimbursement due thedeceased under this act, (2) the accrued pay and allowances of the deceased and(3) the amount of actual funeral expenses of the deceased not to exceed fivehundred dollars ($500).
(b) The member's surviving spouse shall be paid a monthly compensationequal to one hundred twenty dollars ($120) plus twelve and one-half percent(12 1/2%) of the monthly basic pay of the grade or rank held by the memberat the time entitlement under this act accrued, until the surviving spousedies or remarries.
(c) If a member's surviving spouse remarries, the surviving child orchildren under age eighteen, or under age twenty-one and unmarried andstill in school, shall be entitled to compensation as follows:
One such child -- $77 per month.
Two such children -- $55 per month to each child.
Three such children -- $48 per month to each child.
More than three such children -- to each child per month an amountdetermined by dividing the sum of $144, plus the product of $28 times thenumber of such children in excess of three, by the total number of childrenentitled to compensation.
(d) If a member is not married but is survived by a child or children,such children under age eighteen, or under age twenty-one and unmarried andstill in school, shall be entitled to compensation as specified insubsection (c) of this section.
(e) The children to which subsection (c) and (d) of this section shallapply shall be the member's surviving children who meet the prescribedconditions on the first day of each calendar month. Compensation payableunder subsection (c) or (d) of this section shall be paid to the childrenor guardian as determined by the military disability board.
(f) If a member is survived by a child or children, such child orchildren during the period he or she is under the age of twenty-two yearsand is unmarried shall be entitled to attend any college, university,junior college or vocational-technical school which is operated by thestate or any county, city, school district or other political subdivisionwithout being required to pay tuition or admission fees of any kind:Provided, Such child is otherwise eligible to enroll in suchinstitution and during the period such child is in good standing.
History: L. 1972, ch. 206, § 9; L. 1973, ch. 215, § 1; July 1.