9-927. Benefits to dependents upon death of member

405 words·~2 min read·/az/title-9/9-927

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If upon the death, from any cause, of a member retired under the provisions of section 9-925, or of a member after ten years' service and while in the service, or if upon the death of a member retired under the provisions of section 9-926 resulting from disease contracted or injury sustained as provided in section 9-926, the member leaves surviving a spouse, a dependent child under the age of eighteen years, or a dependent parent, a monthly pension shall be paid:

1. To the surviving spouse, until death or remarriage, if the spouse is the widow or widower of a retired member, an amount equal to two thirds of the monthly pension being paid the retired member at the time of death, or if the surviving spouse is the widow or widower of a member dying after ten years' service and while in the service, an amount equal to one third of the monthly compensation of the deceased at the time of death.

2. To the guardian of each dependent child who survives in addition to the surviving spouse, until such child is eighteen years of age, or until his dependency shall earlier terminate, ten dollars per month, but if the total of the pensions to the surviving spouse and dependent children would exceed the amount of the pension to which deceased, if living and retired, would be entitled, then an amount equal to one third of the amount of the pension shall be prorated among the children.

3. To the guardian of the dependent child or children, if there is no surviving spouse entitled to a pension, the amount a surviving spouse so entitled would receive shall be prorated among the children.

4. To the dependent parent, if there is no surviving spouse or dependent child entitled to a pension, the amount a surviving spouse so entitled would receive, and if there are two dependent parents, the pension shall be paid to the one the board shall determine, or it may be prorated.

B. A pension shall not be payable to the surviving spouse of a retired member whose marriage to the decedent occurred subsequent to such member's retirement, or to any issue of such marriage.

C. For the purpose of this section, the term "dependent parent" means a parent over half of whose support at the time of the death of the member was received by the parent from the member.