§ 36-10-20. Accidental death benefits.
Upon the accidental death of a member while in service before retirement, provided
that evidence shall be submitted to the retirement board proving that the death of
the member was the natural and proximate result of an accident while in the performance
of duty at some definite time and place, and that the death was not the result of
willful negligence on his or her part, his or her accumulated contributions, including
interest on all contributions to the date of death of the member, shall be paid to
the person having an insurable interest in his or her life as the member shall have
nominated by wri
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§ 36-10-20. Accidental death benefits.
Upon the accidental death of a member while in service before retirement, provided
that evidence shall be submitted to the retirement board proving that the death of
the member was the natural and proximate result of an accident while in the performance
of duty at some definite time and place, and that the death was not the result of
willful negligence on his or her part, his or her accumulated contributions, including
interest on all contributions to the date of death of the member, shall be paid to
the person having an insurable interest in his or her life as the member shall have
nominated by written designation duly executed and filed with the retirement board,
or if the member has filed no nomination or if the person so nominated shall have
died, then to the estate of the deceased member, and upon application by or on behalf
of the dependents of the deceased member the retirement board shall grant a benefit
equal to one-half (½) of the rate of annual compensation of the member at date of
death:
(1) To the member's widow or widower or domestic partner for life unless he or she remarries
or enters into a domestic partnership;
(2) If there be no widow, or widower or domestic partner or if the widow or widower or
domestic partner dies or remarries or enters into a domestic partnership before any
child of the deceased member shall have attained the age of eighteen (18) years, then
to the member's child or children under the age of eighteen (18) years, divided in
such manner as the retirement board in its discretion shall determine, to continue
as a joint and survivor annuity equal to one-half (½) of the member's rate of annual
compensation at the date of death until every child dies or attains the age of eighteen
(18) years; or
(3) If there be no widow or widower or domestic partner or child under the age of eighteen
(18) years surviving the deceased member, then to his or her dependent father or mother
as the deceased member shall have nominated by written designation duly acknowledged
and filed with the retirement board; or, if there be no nomination, then to his or
her dependent father or to his or her dependent mother as the retirement board in
its discretion shall direct, to continue for life.