38-904. Death benefits; amount
A. If an active or inactive member dies and no pension is payable on account of the
member's death, an amount equal to two times the member's accumulated contributions to
the retirement plan is payable to the person designated by the deceased member in writing
and filed with the board. If the designated person or persons do not survive the deceased
member, the payment is payable to the estate of the deceased member. For the purposes of
this subsection, "inactive member" means a person who previously made contributions to
the plan, who has not retired, who is not currently making contributions to the plan and
who has not withdrawn contributions from the plan.
B. If the deceased retired or active member does not have an eligible surviving
spouse or the pension of the eligible surviving spouse is terminated, each eligible child
is entitled to a child's pension. A child's pension terminates if the child is adopted.
In the case of a disabled child, the child's pension terminates if the child ceases to be
under a disability or ceases to be a dependent of the surviving spouse or guardian. The
amount of the pension of each eligible child is an equal share of the amount of the
surviving spouse's pension. The board shall pay the surviving minor or disabled child's
pension to the person who is the legally appointed guardian or custodian of the eligible
child.
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