Section 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 49-15-301 dies, benefits are payable as follows: (a) If the death is classified by the office as a line-of-duty death, the surviving spouse shall receive:(i) a lump sum equal to six months of the active member's final average salary; and(ii)(A) an allowance equal to 37.5% of the member's final average monthly salary; or(B) if the member has accrued 20 or more years of public safety service credit, the greater of: (I) an allowance equal to 37.5% of the member's final average monthly salary; or(II) the death benefit payable to a surviving spouse under Section 49-15-504.(b) If the death is not classified by the office as a line-of-duty death, and the member has accrued two or more years of public safety service credit at the time of death, the death is considered line-of-duty and the surviving spouse shall receive: (i) a lump sum of $1,500; and(ii) an allowance as provided under Subsection (1)(a)(ii).(c) If the death is not classified by the office as a line-of-duty death, and the member has accrued less than two years of public safety service credit at the time of death, the surviving spouse shall receive a refund of the member's member contributions, plus 50% of the member's most recent 12 months' compensation.(d)(i) If the member has accrued two or more years of public safety service credit at the time of death, each of the member's unmarried children to age 18 or dependent unmarried children with a mental or physical disability shall receive an allowance of $50.(ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or as otherwise provided under Section 49-11-609 or 49-11-610.(2) If the member dies and there is no surviving spouse, any amounts that would have been the surviving spouse's benefit shall be prorated and paid to each of the member's unmarried children to age 18.(3) If a benefit is not distributed under Subsection (1) or (2), and the member has designated 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 not exceed 75% of the member's final average monthly salary.(5)(a) A surviving spouse who requests a benefit under this section shall apply in writing to the office.(b) The allowance shall begin on the first day of the month: (i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or(ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.Amended by Chapter 450, 2018 General Session ,§ 3, eff. 7/1/2018.Amended by Chapter 84, 2016 General Session ,§ 12, eff. 5/10/2016.Amended by Chapter 166, 2015 General Session ,§ 4, eff. 7/1/2015.Amended by Chapter 366, 2011 General Session
Amended by Chapter 439, 2011 General Session