(a) When the proximate cause of death of a member is as a result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of his duties, if the injuries or hazard were not the consequence of the willful misconduct of the member, the surviving widow of the member shall be entitled to an annuity equal to 28% of the annual compensation of the member at the date of death of the member, the payment shall continue until the spouse dies or remarries. This annuity must be increased by 7% of the member's compensation on account of each unmarried minor child under age eighteen, subject to a maximum payment to a widow and children of 42% of compensation.
(1) If there is no widow or if the widow dies or remarries before any child of the deceased member attains the age of eighteen years or twenty-three years, if a full time college student, then each child under the age shall receive an annuity of 7% of the member's compensation, to continue until each child attains age eighteen, or twenty-three years, if a full-time college student, subject to a limitation of 35% of compensation to all minor children.
(2) If there is no widow or children under the age of eighteen, then payment of annuity must be made to the dependent father and dependent mother of the member, at the rate of 17.50% of compensation to each, for life, except, that if none of the aforementioned beneficiaries is living at the death of the member, no duty-connected death annuity shall be paid under the provisions hereof.
(b) Adopted children under the age of eighteen or twenty-three, if a full-time college student, are eligible for benefits hereunder if the proceeding for adoptions shall have been initiated at least one year prior to the date of death of the member.
(c) Where any payment under any section of this chapter is due a minor, or a person mentally incompetent or under other legal disability, the payment may be made to the person who is constituted guardian or other fiduciary by the law of the Virgin Islands, or the place of residence of the claimant, or is otherwise legally vested with the care of the claimant or his estate.
(d) If benefits are paid to a surviving spouse or the deceased member’s child under this section, no other payments may be made pursuant to this section.