Section 45-37A-51.11 - Death benefit for spouses and children not receiving certain benefits(a) The words, terms, and phrases used in this section shall have the meaning ascribed to them by Act 929, or Section 45-37A-51.07, unless it appears from the context that a different meaning is intended.(b)(1) This section shall not apply to any firefighter or police officer, or to his or her spouse, child, or children, unless at the time of his or her death he or she had accumulated at least five years' credited service under Act 929. This section shall not apply to any firefighter or police officer who has not executed within the time hereinafter specified an instrument which shall provide that in the event of his or her death the board of managers of this supplemental pension system shall receive the return of any contributions made by him or her to this supplemental pension system and to the general retirement and relief system created by Act 929, which if he or she had not executed the instrument would be returnable to his or her severance nominee, his or her personal representative, his or her spouse, children, father, mother, sisters or brothers of the deceased, or to any other person.(2) To render this section applicable, firefighters and police officers who have accumulated as much as five years of credited service under Act 929 may execute the instrument at any time within 90 days from the date on which this subsection becomes effective; and firefighters or police officers who have not accumulated as much as five years of credited service on the date when this subsection becomes effective may execute the instrument at any time before accumulating. Notwithstanding the time accorded for executing such instrument, this section shall not apply to any firefighter or police officer or to his or her spouse, child, or children until he or she has executed the instrument. Such instrument when executed shall be revocable at any time by the firefighter or police officer executing the same. Any instrument executed hereunder shall not be effective to authorize the board of managers to receive any return of contributions under this subpart or under Act 929 unless the firefighter or police officer executing the same has accumulated at least five years of credited service under Act 929 prior to his or her death.(3) The board of managers shall adopt rules prescribing the form of the instrument and the number of copies to be executed.(4) If prior to September 18, 1975, any firefighter or police officer has executed an instrument designating the board of managers to receive in the event of this death return of any contributions made by him or her to the general retirement and relief system created by Act 929, and no benefits have accrued as a result thereof, then such instrument is hereby canceled and shall be null and void.(c)(1) This subsection shall apply to only a spouse or child who is not entitled to receive an allowance under Section 45-37A-51.07 or under Act 929. If any firefighter or police officer having five or more years' credited service under Act 929 shall die, his or her spouse, if any, without regard to the time during which the marriage existed, shall be entitled to a monthly allowance of 60 percent of the final average salary of such deceased member, plus a monthly allowance equal to five percent of such deceased member's final average salary for each child of such deceased member; provided, however, that the maximum payable to the spouse for the spouse's benefit and the benefit of all children shall not exceed 70 percent of the deceased member's final average salary. In the event such deceased member leaves no spouse surviving or in the event of the death of his or her spouse, the allowance provided hereby for any child of such deceased member shall be payable to the legal guardian or to the person who has legal custody of the child or for the use or benefit of the child. If the surviving spouse and more than two children are entitled to an allowance under this section, the spouse shall receive 60 percent of the deceased member's final average salary, as aforesaid, and the allowances for the children shall be reduced equally so that in no event shall the total allowances paid under this section exceed 70 percent of the deceased's final average salary.(2) A spouse granted a benefit hereunder shall continue to receive the benefit until he or she shall die or remarry, whichever shall first occur. If a survivor's benefit ceases because the survivor remarries, in the event the remarriage is terminated by annulment, divorce, or death of the survivor's spouse, then on such termination the survivor shall be eligible to receive the survivor's benefit.(3) Any debt or liability of an employee member under Act 929 which has been offset against and deducted from the return of contributions paid by the general retirement and relief system created by Act 929 to the supplemental pension system, be offset against and deducted from, any amount due from the fund provided by this subpart, to any person claiming under such employee member as spouse's allowance or otherwise.Ala. Code § 45-37A-51.11 (1975)
Acts 1959, No. 556, p. 1376, §9; Acts 1964, No. 98, p. 147, §3; Acts 1967, No. 490, p. 1187, §2; Acts 1973, No. 1214, p. 2050, §4; Acts 1975, No. 388, p. 959, §6; Act 2007-503, p. 1072.