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UTAH STATUTES AND CODES
49-16-502 - Death of active member in Division B -- Payment of benefits.
49-16-502. Death of active member in Division B -- Payment of benefits.
(1) If an active member of this system enrolled in Division B under Section 49-16-301dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, benefits are payable asfollows:
(i) If the member has accrued less than 20 years of firefighter service credit, the spouse atthe time of death shall receive a lump sum of $1,500 and an allowance equal to 37.5% of themember's final average monthly salary.
(ii) If the member has accrued 20 or more years of firefighter service credit, the membershall be considered to have retired with an allowance calculated under Subsection 49-16-402 andthe spouse at the time of death shall receive the death benefit payable to a spouse under Section49-16-504.
(b) If the death is not classified by the office as a line-of-duty death, the benefits arepayable as follows:
(i) If the member has accrued five or more years of firefighter service credit, the death isconsidered line-of-duty and the same benefits are payable as established under Subsection (1)(a).
(ii) If the member has accrued less than five years of firefighter service credit, the spouseat the time of death shall receive a refund of the member's contributions, plus 50% of themember's most recent 12 months compensation.
(c) If the member has accrued five or more years of firefighter service credit, themember's unmarried children until they reach age 21 or dependent unmarried mentally orphysically disabled children, shall receive a monthly allowance of $75.
(2) (a) In the event of the death of the member and spouse, the spouse's benefits areequally divided and paid to each unmarried child until the child reaches age 21.
(b) The payments shall be made to the surviving parent or duly appointed guardian or asprovided under Sections 49-11-609 and 49-11-610.
(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 monthly payments made to the beneficiaries of any member under thissection may not exceed 75% of the member's final average monthly salary.
(1) If an active member of this system enrolled in Division B under Section 49-16-301dies, benefits are payable as follows:
(a) If the death is classified by the office as a line-of-duty death, benefits are payable asfollows:
(i) If the member has accrued less than 20 years of firefighter service credit, the spouse atthe time of death shall receive a lump sum of $1,500 and an allowance equal to 37.5% of themember's final average monthly salary.
(ii) If the member has accrued 20 or more years of firefighter service credit, the membershall be considered to have retired with an allowance calculated under Subsection 49-16-402 andthe spouse at the time of death shall receive the death benefit payable to a spouse under Section49-16-504.
(b) If the death is not classified by the office as a line-of-duty death, the benefits arepayable as follows:
(i) If the member has accrued five or more years of firefighter service credit, the death isconsidered line-of-duty and the same benefits are payable as established under Subsection (1)(a).
(ii) If the member has accrued less than five years of firefighter service credit, the spouseat the time of death shall receive a refund of the member's contributions, plus 50% of themember's most recent 12 months compensation.
(c) If the member has accrued five or more years of firefighter service credit, themember's unmarried children until they reach age 21 or dependent unmarried mentally orphysically disabled children, shall receive a monthly allowance of $75.
(2) (a) In the event of the death of the member and spouse, the spouse's benefits areequally divided and paid to each unmarried child until the child reaches age 21.
(b) The payments shall be made to the surviving parent or duly appointed guardian or asprovided under Sections 49-11-609 and 49-11-610.
(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 monthly payments made to the beneficiaries of any member under thissection may not exceed 75% of the member's final average monthly salary.
Renumbered and Amended by Chapter 250, 2002 General Session
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