§ 36-10-20 - Accidental death benefits.
SECTION 36-10-20
§ 36-10-20 Accidental death benefits.– Upon the accidental death of a member while in service before retirement,provided that evidence shall be submitted to the retirement board proving thatthe death of the member was the natural and proximate result of an accidentwhile in the performance of duty at some definite time and place, and that thedeath was not the result of willful negligence on his or her part, his or heraccumulated contributions, including interest on all contributions to the dateof death of the member, shall be paid to the person having an insurableinterest in his or her life as the member shall have nominated by writtendesignation duly executed and filed with the retirement board, or if the memberhas filed no nomination or if the person so nominated shall have died, then tothe estate of the deceased member, and upon application by or on behalf of thedependents of the deceased member the retirement board shall grant a benefitequal to one-half (1/2) of the rate of annual compensation of the member atdate of death:
(1) To the member's widow or widower or domestic partner forlife unless he or she remarries or enters into a domestic partnership;
(2) If there be no widow, or widower or domestic partner orif the widow or widower or domestic partner dies or remarries or enters into adomestic partnership before any child of the deceased member shall haveattained the age of eighteen (18) years, then to the member's child or childrenunder the age of eighteen (18) years, divided in such manner as the retirementboard in its discretion shall determine, to continue as a joint and survivorannuity equal to one-half (1/2) of the member's rate of annual compensation atthe date of death until every child dies or attains the age of eighteen (18)years; or
(3) If there be no widow or widower or domestic partner orchild under the age of eighteen (18) years surviving the deceased member, thento his or her dependent father or mother as the deceased member shall havenominated by written designation duly acknowledged and filed with theretirement board; or, if there be no nomination, then to his or her dependentfather or to his or her dependent mother as the retirement board in itsdiscretion shall direct, to continue for life.