72-1463. DEATH BENEFITS — SURVIVING SPOUSE AND SURVIVING CHILD OR CHILDREN OF RETIRED FIREFIGHTER. (1) In the event a paid firefighter, retired on retirement pay, shall die and leave surviving a spouse, or a spouse and firefighter’s surviving child or children, the spouse, during the spouse’s lifetime shall be paid the retirement pay to which the deceased firefighter was eligible. If the surviving spouse dies the same retirement pay shall be paid to the firefighter’s surviving child or children until they reach the age of eighteen (18) years or shall marry, whichever occurs first. Should a paid firefighter, retired on retirement pay, die without leaving a surviving spouse, and leave surviving him or her a minor child or children, said child or children shall be entitled to receive the pension to which said firefighter was entitled until they marry or shall attain eighteen (18) years of age, whichever occurs first.
(2) Eligibility for benefits of surviving spouses that was terminated on or after July 1, 1987, solely because of the spouse’s remarriage is hereby reinstated effective July 1, 1992. Such spouses are entitled to have the benefits, including any cost of living allowances approved by the board effective on or after July 1, 1987, commence prospectively effective July 1, 1992, or upon their application to the retirement system, whichever is later.
History:
[(72-1463) 72-1429J, as added by 1963, ch. 125, sec. 13, p. 358; 1990, redesignated, ch. 231, sec. 102, p. 662; am. 1990, ch. 249, sec. 14, p. 715; am. 1991, ch. 27, sec. 3, p. 52; am. 1992, ch. 123, sec. 3, p. 403; am. 1992, ch. 281, sec. 2, p. 860; am. 2006, ch. 19, sec. 5, p. 75.]