16-1009. Police officer; death other than in the line of duty; pension benefit payable.
539 words·~2 min read·
/ne/chapter-16/16-1009A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) 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 such police officer's death or to the deceased police officer's estate if no beneficiary was specified.
(b)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.
(c)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)(a) If any police officer employed by a 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 such police officer's regular pay in the form of a straight life annuity shall be paid to the surviving spouse of such deceased police officer.
(b)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 majority of such child, except that as soon as a child attains the age of majority, such pension as to such child shall cease.
(c)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.
(d)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.
(e)If a deceased police officer described in this subsection is not survived by a spouse or minor children, such police officer's death benefits shall be provided under subsection
(1)of this section as if such police 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.