§88-339  Accidental service-connected deathbenefit.  (a)  In the case of an accidental death as determined by theboard pursuant to section 88-85.5, there shall be paid to the member'sdesignated beneficiary or to the member's estate the amount of the member'saccumulated contributions and there shall be paid in lieu of the ordinary deathbenefit payable under section 88-338 a pension of one-half of the average finalcompensation of the member:

(1)  To the surviving spouse or reciprocal beneficiaryof the member to continue until the surviving spouse or reciprocal beneficiaryremarries, marries, or enters into a new reciprocal beneficiary relationship;

(2)  If there be no surviving spouse or reciprocalbeneficiary, or if the surviving spouse or reciprocal beneficiary dies orremarries, marries, or enters into a new reciprocal beneficiary relationshipbefore any child of the deceased member shall have attained the age of eighteenyears, then to the deceased member's child or children under that age, divided ina manner as the board in its discretion shall determine, to continue as a jointand survivor pension of one-half of the deceased member's final compensationuntil every child dies, or attains that age; or

(3)  If there is no surviving spouse or reciprocalbeneficiary and no child under the age of eighteen years surviving the deceasedmember, then to the deceased member's dependent father or dependent mother, asthe deceased member shall have nominated by written designation dulyacknowledged and filed with the board, or if there is no nomination, then tothe deceased member's dependent father or to the deceased member's dependentmother as the board, in its discretion, shall direct to continue for life.

The pension shall be effective on the first day of themonth following the member's death, except for the month of December, whenbenefits shall be effective on the first or last day of the month.

(b)  Notwithstanding any other law to thecontrary, any condition of impairment of health caused by any disease of theheart, lungs, or respiratory system, resulting in death to a sewer worker shallbe presumed to have been suffered in the actual performance of duty at somedefinite time and place through no wilful negligence on the sewer worker'spart, and as a result of the inherent occupational hazard of exposure to andinhalation of smoke, toxic gases, chemical fumes, and other toxic vapors,unless the contrary be shown by competent evidence; provided that the sewerworker shall have passed a physical examination on entry into service orsubsequent to entry, which examination failed to reveal any evidence of thecondition.

(c)  Benefits payable under subsection (a)shall continue through the end of the last month in which the payee is eligiblefor the benefit. [L 2004, c 179, pt of §1; am L 2005, c 58, §30; am L 2006, c169, §38]