§88-85.5  Applications for accidental death
benefits; approval by the board.  (a)  An application for service-connected
accidental death benefits may be filed with the system by or on behalf of the
claimant pursuant to section 88-85, 88-286, or 88-339, on a form provided by
the system.  The application shall be filed no later than three years from the
date of the member's death.



(b)  After the claimant files an application
for service-connected accidental death benefits, the system shall obtain the
following:



(1)  A copy of the employer's report of the accident
submitted by the employer to the department of labor and industrial relations,
workers' compensation division, and other reports relating to the accident;



(2)  A certified statement from the head of the
department in which the deceased member was employed, stating the date, time,
and place of the accident, and the nature of the service being performed when
the accident occurred.  The statement shall also include an opinion as to
whether or not the accident was the result of wilful negligence on the deceased
member's part;



(3)  A copy of the latest position description of the
deceased member's duties and responsibilities;



(4)  A certified copy of the death certificate; and



(5)  A copy of an autopsy report, if performed.



(c)  Upon the system's receipt of the
application and documents specified in subsection (b), the medical board shall
determine and certify to the board whether the member's death was an accidental
death as defined in section 88-21.



(d)  The board may accept as conclusive as to
whether or not the member's death was caused by wilful negligence on the part
of the member:



(1)  A certification made by the head of the agency in
which the member is employed; or



(2)  A finding by the medical board.



(e)  After the medical board submits its
certification to the system, the board shall approve or disapprove the
application.  Upon approval of an application, benefits shall be paid as
provided in section 88-85, 88-286, or 88-339. [L 2000, c 215, §1; am L 2004, c
179, §14; am L 2006, c 169, §16]