§ 62-201. Death in line of duty benefits.

(a)

If a member dies as the natural and proximate result of a personal injury, illness or disease arising out of and in the course of his actual performance of duty in the employ of the city, and his death is found by the board to have resulted from his actual performance of duty in the employ of the city, the following applicable benefits shall be paid:

(1)

Accumulated contributions. The accumulated contributions standing to the member's credit in the employee's contribution reserve at the time of his death shall be paid in accordance with the provisions of section 62-206.

(2)

Widow's benefits. A pension of one-third of the deceased member's final compensation shall be paid to his widow. A widow's pension shall terminate upon her remarriage or death and shall be subject to subsection (b) of this section and to section 62-204.

(3)

Children's benefit while widow is living. If, in addition to a widow, an unmarried child or children under age 18 years also survives the deceased member, each such child shall receive a pension of an equal share of one-fourth of the deceased member's final compensation. Upon a child's adoption, marriage, death, or attainment of age 18 years, whichever occurs first, his pension shall terminate, and the board shall redistribute the shares of one-fourth of the deceased member's final compensation to his remaining eligible children under age 18 years. A child's pension shall be subject to subsection (b) of this section and to section 62-204.

(4)

Children's benefits if widow dies or remarries. If the deceased member does not leave a widow, or if his widow dies or remarries before his youngest surviving unmarried child shall have attained age 18 years, his unmarried child or children under age 18 years shall each receive a pension of one-fourth of the deceased member's final compensation. If there are more than two such children surviving the deceased member, each such child shall receive a pension of an equal share of one-half of the deceased member's final compensation. Upon a child's adoption, marriage, death, or attainment of age 18 years, whichever occurs first, his pension shall terminate, and the board shall redistribute the shares of one-half of the deceased member's final compensation to his remaining eligible children under age 18 years; provided that, any such child's pension shall not exceed one-fourth of the deceased member's final compensation. A child's pension shall be subject to subsection (b) of this section and to section 62-204.

(5)

Dependent parents' benefits. If there is neither a widow nor children eligible to receive pensions under this section surviving the deceased member, there shall be paid to each his dependent father or dependent mother, or both, and the board after investigation shall determine to have been actually dependent upon the member for at least 50 percent of their financial support, a pension of one-sixth of the deceased member's final compensation. A parent's pension shall:

a.

Terminate upon his remarriage or death;

b.

Not exceed $600.00 per annum; and

c.

Be subject to subsection (b) of this section or to section 62-204.

(b)

In all cases the board shall determine the eligibility of claimants for benefits payable under this section and the decision of the board shall be final.

(Code 1979, § 2-314.1.26)