49-16-501 - Death of active member in Division A -- Payment of benefits.
49-16-501. Death of active member in Division A -- Payment of benefits.
(1) If an active member of this system enrolled in Division A under Section 49-16-301dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, benefits are payable asfollows:
(i) If the member has accrued less than 20 years of firefighter service credit, the spouse atthe time of death shall receive a lump sum of $1,500 and an allowance equal to 30% of themember's final average monthly salary.
(ii) If the member has accrued 20 or more years of firefighter service credit, the membershall be considered to have retired with an allowance calculated under Section 49-16-402 and thespouse at the time of death shall receive the death benefit payable to a spouse under Section49-16-504.
(b) If the death is not classified as a line-of-duty death by the office, benefits are payableas follows:
(i) If the member has accrued less than 10 years of firefighter service credit, thebeneficiary shall receive a sum of $1,000 or a refund of the member's member contributions,whichever is greater.
(ii) If the member has accrued 10 or more years of firefighter service credit the spouse atthe time of death shall receive a sum of $500, plus an allowance equal to 2% of the member'sfinal average monthly salary for each year of service credit accrued by the member up to amaximum of 30% of the member's final average monthly salary.
(2) (a) If the member dies without a current spouse, the spouse's allowance shall beequally divided and paid to each unmarried child until the child reaches age 21.
(b) The payment shall be made to a duly appointed guardian or as provided underSections 49-11-609 and 49-11-610.
(3) If the benefit is not distributed under this section, and the member has designated abeneficiary, the member's member contributions shall be paid to the beneficiary.
Amended by Chapter 240, 2003 General Session