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Section 5-308 Benefits on Service-Connected or Occupational Death Before Retirement.

(a)  Eligibility.  A Surviving Spouse of a Member who dies before retirement as a result of an illness or injury that qualifies as service‑connected or occupational under Subsection 5‑306(a), (b), (c) or (d) shall be eligible to receive a death benefit.  A Dependent Minor Child of such a Member shall be eligible to receive the benefit if the Member has no Surviving Spouse.  If the Member has more than one Dependent Minor Child, the benefit shall be divided equally among them.  If the Member has a Surviving Spouse and one or more Dependent Minor Children of a former marriage, one‑half the benefit shall be paid to the Surviving Spouse.  The other half shall be paid to the Dependent Minor Children until the last ceases to be minor and then paid to the Surviving Spouse.

(b)  Amount of Benefit.  The benefit on service‑connected or occupational death before retirement shall be 75 percent of the Member's rate of Base Pay at death until the earliest date on which the Member would have been eligible for retirement benefits under Section 5‑304 if the Member had survived and continued in service as an Active Member.  After such date, the benefit shall be 50 percent of the Member's Final Pay, as adjusted as provided in Section 5-312.

(c)  Form of Benefit.  A Surviving Spouse shall be paid the benefit monthly starting with the month following the Member's death and continuing for the spouse's life.  A Dependent Minor Child shall be paid the benefit until ceasing to be a minor.  The benefit shall be adjusted as provided in Section 5‑312.

(d)  Offset.  The monthly amount of service-connected or occupational death benefits under this Charter shall be reduced by any monthly death benefit payment made by PERS up to the amount provided in Subsection (b) of this section. The Fund Administrator shall reduce any service-connected or occupational death benefit payable under this Chapter in the amount determined to be necessary by the Fund Administrator to meet the limitation imposed by this Subsection. 

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