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

(b)  After the claimant files an applicationfor service-connected accidental death benefits, the system shall obtain thefollowing:

(1)  A copy of the employer's report of the accidentsubmitted 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 thedepartment in which the deceased member was employed, stating the date, time,and place of the accident, and the nature of the service being performed whenthe accident occurred.  The statement shall also include an opinion as towhether or not the accident was the result of wilful negligence on the deceasedmember's part;

(3)  A copy of the latest position description of thedeceased 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 theapplication and documents specified in subsection (b), the medical board shalldetermine and certify to the board whether the member's death was an accidentaldeath as defined in section 88-21.

(d)  The board may accept as conclusive as towhether or not the member's death was caused by wilful negligence on the partof the member:

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

(2)  A finding by the medical board.

(e)  After the medical board submits itscertification to the system, the board shall approve or disapprove theapplication.  Upon approval of an application, benefits shall be paid asprovided in section 88-85, 88-286, or 88-339. [L 2000, c 215, §1; am L 2004, c179, §14; am L 2006, c 169, §16]