49-15-502 - Death of active member in Division B -- Payment of benefits.
49-15-502. Death of active member in Division B -- Payment of benefits.
(1) If an active member of this system enrolled in Division B under Section 49-15-301dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, the spouse at the time ofdeath shall receive a lump sum of $1,500 and an allowance equal to 37.5% of the member's finalaverage monthly salary.
(b) If the death is not classified by the office as a line-of-duty death, and the member hasaccrued two or more years of public safety service credit at the time of death, the death isconsidered line-of-duty and the benefit shall be paid as provided under Subsection (1)(a).
(c) If the death is not classified by the office as a line-of-duty death, and the member hasaccrued less than two years of public safety service credit at the time of death, the spouse at thetime of death shall receive a refund of the member's member contributions, plus 50% of themember's most recent 12 months' compensation.
(d) (i) If the member has accrued two or more years of public safety service credit at thetime of death, each of the member's unmarried children to age 18 or dependent unmarriedmentally or physically disabled children shall receive an allowance of $50.
(ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or asotherwise provided under Section 49-11-609 or 49-11-610.
(2) In the event of the death of both parents, the spouse's benefit shall be prorated andpaid to each of the member's unmarried children to age 18.
(3) If a benefit is not distributed under the previous subsections, and the member hasdesignated a beneficiary, the member's member contributions shall be paid to the beneficiary.
(4) The combined payments to beneficiaries of any member under this section may notexceed 75% of the member's final average monthly salary.
Amended by Chapter 240, 2003 General Session