49-23-503. Death of active member in line of duty -- Payment of benefits.
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Effective 7/1/2023
49-23-503. Death of active member in line of duty -- Payment of benefits.
If an active member of this system dies, benefits are payable as follows:
(1)If the death is classified by the office as a line-of-duty death, benefits are payable as follows:
(a)If the member has accrued less than 20 years of public safety service or firefighter service credit, the surviving spouse shall receive:
(i)a lump sum equal to six months of the active member's final average salary; and
(ii)the greater of:
(A)an allowance equal to 30% of the member's final average monthly salary; or
(B)an allowance equal to 2% of the member's final average monthly salary multiplied by the years of service credit accrued by the member.
(b)If the member has accrued 20 or more years of public safety service or firefighter service credit, the member shall be considered to have retired with an Option One allowance calculated without an actuarial reduction under Section 49-23-304 and the surviving spouse shall receive the allowance that would have been payable to the member.
(a)A volunteer firefighter is eligible for a line-of-duty death benefit under this section if the death results from external force, violence, or disease directly resulting from firefighter service.
(b)The lowest monthly compensation of firefighters of a city of the first class in this state at the time of death shall be considered to be the final average monthly salary of a volunteer firefighter for purposes of computing these benefits.
(c)Each volunteer fire department shall maintain a current roll of all volunteer firefighters that meet the requirements of Subsection 49-23-102(14) to determine the eligibility for this benefit.
(a)If the death is classified as a line-of-duty death by the office, death benefits are payable under this section and the surviving spouse is not eligible for benefits under Section 49-23-502 .
(b)If the death is not classified as a line-of-duty death by the office, benefits are payable in accordance with Section 49-23-502 .
(a)A surviving spouse who qualifies for a monthly benefit under this section shall apply in writing to the office.
(b)The allowance shall begin on the first day of the month following the month in which the:
(i)member or participant died, if the application is received by the office within 90 days of the date of death of the member or participant; or
(ii)application is received by the office, if the application is received by the office more than 90 days after the date of death of the member or participant.
Amended by Chapter 59 , 2023 General Session