§ 16-1009 — Police officer; death other than in the line of duty; pension benefit payable

(1) When prior to retirement any police officer dies
other than in the line of duty and except as provided in subsection (2) of
this section, the entire retirement value shall be payable to the beneficiary
or beneficiaries specified by the deceased police officer prior to his or
her death or to the deceased police officer's estate if no beneficiary was
specified. The retirement value or portion thereof to be received by the beneficiary
may be paid in the form of a single lump-sum payment, straight life annuity,
or other optional form of benefit specified in the retirement system's funding
medium. If benefits are paid in the form of an annuity, the annuity shall
be the amount paid by the annuity contract purchased or otherwise provided
by the amount of the beneficiary's share of the retirement value as of the
date of the first payment. Upon the purchase and distribution of such annuity
contract to the beneficiary, all obligations of the retirement system to the
beneficiary shall terminate, without exception.
(2) If any police officer employed by such city as a member
of its paid police department on January 1, 1984, except those who were formerly employed in
such department who are now in military service, dies while employed by the
city as a police officer, other than in the line of duty, after becoming fifty-five
years of age and before electing to retire, and after serving in the paid
police department of such city for at least twenty-one years, then a pension
of at least twenty-five percent of his or her regular pay in the form of a
straight life annuity shall be paid to the surviving spouse of such deceased
police officer. If the deceased police officer is not survived by a spouse
or if the surviving spouse dies before the children of the police officer
attain the age of majority, the pension benefit shall be paid to the police
officer's minor children until they attain the age of majority. Each such
child shall share equally in the total pension benefit to the age of his or
her majority, except that as soon as a child attains the age of majority,
such pension as to such child shall cease. To the extent that the retirement
value at the date of death exceeds the amount required to purchase the specified
pension, the excess shall be paid in the manner provided in subsection (1)
of this section. If the actuarial equivalent of the pension benefit payable
under this subsection exceeds the retirement value at the time of the first
payment, the city shall contribute such additional amounts as may be necessary
to purchase or provide for the required pension benefit. If a deceased police
officer described in this subsection is not survived by a spouse or minor
children, his or her death benefits shall be provided under subsection (1)
of this section as if such officer was not employed by the city on January
1, 1984.
(3) Any payments for the benefit of a minor child shall be
made on behalf of the child to the surviving parent or, if there is no surviving
parent, to the legal guardian of the child.

Legislative History

Source: Laws 1983, LB 237, § 9; Laws 1992, LB 672, § 13; Laws 2012, LB1082, § 8.