§88-286  Death benefit.  (a)  Thesurviving spouse or reciprocal beneficiary and children under the age ofeighteen of a member at the time of the member's death shall be eligible for adeath benefit if the member suffers either:

(1)  An ordinary death after accumulating ten years ofcredited service and the member dies:

(A)  While in service; or

(B)  While on authorized leave without pay; or

(2)  An accidental death.

(b)  In the case of ordinary death, the deathbenefit shall be as follows:

(1)  For the surviving spouse or reciprocalbeneficiary, an allowance equal to one-half of the member's accrued maximumretirement allowance unreduced for age, payable until remarriage, marriage, orentry into a new reciprocal beneficiary relationship, as if the member hadretired on the first day of a month following the member's death, except forthe month of December when retirement on the first or last day of the monthshall be allowed; and for each child under the age of eighteen an allowanceequal to ten per cent of the member's accrued maximum retirement allowanceunreduced for age, payable until the child attains age eighteen; provided thatthe aggregate death benefits for all the children under the age of eighteenshall not exceed twenty per cent of the member's accrued retirement allowanceunreduced for age; or

(2)  For the surviving spouse or reciprocalbeneficiary, if the member was eligible for retirement at the time of death inservice, and death occurred after June 30, 1990, an allowance that would have beenpayable as if the member had retired on the first day of a month following themember's death, except for the month of December when retirement on the firstor last day of the month shall be allowed and had elected to receive aretirement allowance under option B of section 88-283; and

(3)  If there is no surviving spouse or reciprocalbeneficiary, each child under the age of eighteen shall receive an allowanceequal to twenty per cent of the member's accrued maximum retirement allowanceunreduced for age, payable on the first day of a month following the member'sdeath, except for the month of December when retirement on the first or lastday of the month shall be allowed, until the child attains age eighteen;provided that the aggregate death benefits for all the children under the ageof eighteen shall not exceed forty per cent of the member's accrued maximumretirement allowance unreduced for age.

For the purpose of determining eligibility forthe ordinary death benefit, a year round school employee shall be considered inservice during the July and August preceding a transfer to a traditional schoolschedule if the employee was in service for the entire prior school year andhas a contract for the upcoming traditional school year.  The application forordinary death benefits shall be filed no later than three years from the dateof the member's death.

(c)  In the case of accidental death asdetermined by the board pursuant to section 88-85.5, the death benefit shall beeffective on the first day of the month following the member's death, exceptfor the month of December when retirement on the first or last day of the monthshall be allowed, as follows:

(1)  For the surviving spouse or reciprocalbeneficiary, an allowance equal to thirty per cent of the member's averagefinal compensation, payable until remarriage, marriage, or upon entry into anew reciprocal beneficiary relationship;

(2)  If there is a surviving spouse or reciprocalbeneficiary, each child under the age of eighteen shall receive an allowanceequal to the greater of:

(A)  Ten per cent of the member's accruedmaximum retirement allowance unreduced for age; provided that the aggregatedeath benefits for all the children under the age of eighteen shall not exceedtwenty per cent of the member's accrued maximum retirement allowance unreducedfor age; or

(B)  Three per cent of the member's averagefinal compensation; provided that the aggregate death benefits for all thechildren under the age of eighteen shall not exceed six per cent of themember's average final compensation.

The death benefit under this paragraph shall bepayable to each child until the child attains age eighteen; and

(3)  If there is no surviving spouse or reciprocalbeneficiary, each child under the age of eighteen shall receive an allowanceequal to the greater of:

(A)  Twenty per cent of the member's accruedmaximum retirement allowance unreduced for age; provided that the aggregatedeath benefits for all the children under the age of eighteen shall not exceedforty per cent of the member's accrued maximum retirement allowance unreducedfor age; or

(B)  Six per cent of the member's average finalcompensation; provided that the aggregate death benefits for all the childrenunder the age of eighteen shall not exceed twelve per cent of the member'saverage final compensation.

The death benefit under this paragraph shall bepayable to each child until the child attains age eighteen.

(d)  Benefits payable under this section shallcontinue through the end of the last month in which the payee is eligible forthe benefit. [L 1984, c 108, pt of §8; am L 1993, c 22, §1 as superseded by c67, §3; am L 1994, c 108, §4; am L 1997, c 212, §7 and c 383, §33; am L 2001, c101, §6; am L 2002, c 128, §12; am L 2004, c 179, §29; am L 2005, c 58, §21; amL 2006, c 169, §30; am L 2008, c 41, §7]

 

Attorney General Opinions

 

  Hanai children are not included within meaning of"child" or "children" as used in section.  Att. Gen. Op.93-1.