This text of North Dakota § 18-11-17 (Pensions to surviving spouses and children of deceased members) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
When a service pensioner, disability pensioner, deferred pensioner, or an active member of
a relief association dies leaving a surviving spouse to whom the deceased was married while an
active member of the association, a child who was or children who were living while the
deceased was on the payroll of the fire department or who were born within nine months after
the decedent was withdrawn from the payroll of that fire department, or both such surviving
spouse and such children, then such surviving spouse and children are entitled to a monthly
pension as follows:
1.If the deceased leaves only a surviving spouse, a pension in the sum of forty percent
of a first-class firefighter's monthly salary on January first during the year the pension
is paid to the surviving spouse, during such spou
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When a service pensioner, disability pensioner, deferred pensioner, or an active member of
a relief association dies leaving a surviving spouse to whom the deceased was married while an
active member of the association, a child who was or children who were living while the
deceased was on the payroll of the fire department or who were born within nine months after
the decedent was withdrawn from the payroll of that fire department, or both such surviving
spouse and such children, then such surviving spouse and children are entitled to a monthly
pension as follows:
1. If the deceased leaves only a surviving spouse, a pension in the sum of forty percent
of a first-class firefighter's monthly salary on January first during the year the pension
is paid to the surviving spouse, during such spouse's natural life or until such spouse
remarries.
2. If the deceased leaves both a surviving spouse and children, a monthly pension to the
surviving spouse in the sum of forty percent of a first-class firefighter's monthly salary
on January first during the year the pension is paid, for the rest of the surviving
spouse's natural life or until such spouse remarries, and to the parent or guardian of
any children under the age of eighteen years of age there must be paid monthly twenty
percent of a first-class firefighter's monthly salary to be divided equally among such
children.
3. If the deceased leaves only children, a monthly pension must be paid to the guardian
of such child or children for such child or children in the sum of sixty percent of a
first-class firefighter's monthly salary on January first during the year the pension is
paid, to be divided equally among such children; provided, however, that if there is
only one surviving child, that child shall receive a sum equal to forty percent of a
first-class firefighter's monthly salary. All pensions to child or children shall terminate
when the child or children reach the age of eighteen years.
4. As used in this section, the term "child" means:
a. The natural or adopted child of a firefighter; or
b. The natural or adopted child of a firefighter's surviving spouse or former spouse
who is designated in writing by the firefighter as a child beneficiary under this
section on a form supplied by the relief association.