49-14-502 - Death of active member in Division B -- Payment of benefits. - Utah Statutes

49-14-502. Death of active member in Division B -- Payment of benefits.
(1) If an active member of this system enrolled in Division B under Section 49-14-301dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, the spouse at the time ofdeath shall receive a lump sum of $1,500 and an allowance equal to 37.5% of the member's finalaverage monthly salary.
(b) If the death is not classified by the office as a line-of-duty death, benefits are payableas follows:
(i) If the member has accrued two or more years of public safety service credit at the timeof death, the death is considered a line-of-duty death and the benefit shall be paid as providedunder Subsection (1)(a).
(ii) If the member has accrued less than two years of public safety service credit at thetime of death, the spouse at the time of death shall receive a refund of the member's membercontributions, plus 50% of the member's most recent 12 months' compensation.
(c) (i) If the member has accrued two or more years of public safety service credit at thetime of death, each of the member's unmarried children to age 18 or dependent unmarriedmentally or physically disabled children shall receive a monthly allowance of $50.
(ii) Payments shall be made to the surviving parent or to a duly appointed guardian, or asotherwise provided under Sections 49-11-609 and 49-11-610.
(2) In the event of the death of both parents, the spouse's benefit shall be prorated andpaid to each of the member's unmarried children to age 18.
(3) If a benefit is not distributed under the previous subsections, and the member hasdesignated a beneficiary, the member's member contributions shall be paid to the beneficiary.
(4) The combined annual payments made to the beneficiaries of any member under thissection may not exceed 75% of the member's final average monthly salary.

Amended by Chapter 240, 2003 General Session