38-888

38-888. Pension to the surviving spouse of a
member

A. The surviving spouse of a deceased member is entitled to receive a surviving
spouse's pension if the spouse was married to the member on the date of the member's
death. Payment of a surviving spouse's pension commences as of the last day of the month
following the member's date of death. The last payment shall be made as of the last day
of the month in which the surviving spouse's death occurs. The amount of a surviving
spouse's pension is forty per cent of the deceased member's average monthly salary. The
surviving spouse shall file a written application with the plan in order to receive the
survivor benefit.

B. The surviving spouse of a deceased member who is killed in the line of duty or
dies from injuries suffered in the line of duty is entitled to receive a monthly amount
equal to the deceased member's average monthly benefit compensation. For the purposes of
this subsection, "killed in the line of duty" means the decedent's death was the direct
and proximate result of physical injuries incurred in the performance of the decedent's
public safety duties and does not include suicide.