13-14a07.   Payment to spouses or children of deceased policemen orfiremen.(a) If any officer or member of a police or fire department, while in theperformance of such officer's or member's duties, is killed or dies as a resultof an injury received, or dies of any disease contracted by reason of suchofficer's or member's occupation as a policeman or fireman, or dies afterhaving retired and leaves a spouse, such spouse, shall receive a monthlypension in an amount equal to 50% of the monthly salary of such deceasedofficer or member, if such spouse was lawfully married to such policeman orfireman at the time of such policeman's or fireman's retirement. Commencing onthe effective date of this act, any surviving spouse, who was receivingbenefits pursuant to this section and who had such benefits terminated byreason of such spouse's remarriage, shall be entitled to once again receivebenefits pursuant to this section, except that such surviving spouse shall notbe entitled to recover any benefits not received after the termination ofbenefits by reason of such surviving spouse's remarriage but before theeffective date of this act. In the event there is no surviving spouse, then anychild or children of the deceased shall receive, in equal shares a monthlyamount equal to 50% of the monthly salary received at the time of retirement,such sums to be paid until such child or children attain the age of 18 years oruntil such child or children attain the age of 23 years, if such child orchildren are full-time students as provided in K.S.A. 74-49,117 andamendments thereto. Commencing on the effective date of this act, any child whowas receiving benefits pursuant to this section and who had such benefitsterminated by reason of such child's marriage, shall be entitled to once againreceive benefits pursuant to this section subject to the limitations containedin this section, except that such child shall not be entitled to recover anybenefits not received after the termination of benefits by reason of suchchild's marriage but before the effective date of this act.

      (b)   Ifany officer or member of such fire or police department, after havingbecome eligible for retirement as provided in K.S.A. 13-14a08 and amendmentsthereto, is killed while not in the performance of such officer's or member'sofficial duties, or dies, an amount equal to 50% of such officer's or member'smonthly salary shall be paid to such persons for the periods of time providedin subsection (a) and shall be subject to all the limitations provided insubsection (a).

      (c)   Payments to the surviving spouse, child or children under the provisionsof subsection (a) or (b) shall begin no later than December 31 of the calendaryear immediately following the calendar year in which the member died.

      History:   L. 1945, ch. 111, § 7;L. 1976, ch. 89, § 4;L. 1989, ch. 232, § 1;L. 1992, ch. 321, § 3;L. 1998, ch. 64, § 7;L. 2000, ch. 152, § 1;L. 2001, ch. 209, § 1; May 31.