§88-85.5 Applications for accidental death benefits; approval by the system. (a) Under rules the board of trustees may adopt, an application for service-connected accidental death benefits may be filed with the system by or on behalf of the claimant pursuant to section 88-85, 88-286, or 88-339, on a form provided by the system. The application shall be filed no later than three years from the date of the member's death.
(b) After the claimant files an application for service-connected accidental death benefits, the system shall obtain the following:
(1) A copy of the employer's report of the accident submitted by the employer to the department of labor and industrial relations, workers' compensation division, and other reports relating to the accident;
(2) A certified statement from the head of the department in which the deceased member was employed, stating the date, time, and place of the accident, and the nature of the service being performed when the accident occurred. The statement shall also include an opinion as to whether or not the accident was the result of wilful negligence on the deceased member's part;
(3) A copy of the latest position description of the deceased member's duties and responsibilities;
(4) A certified copy of the death certificate; and
(5) A copy of an autopsy report, if performed.
(c) Upon the system's receipt of the application and documents specified in subsection (b), the medical board or other entity designated by the board of trustees shall determine and certify to the system whether the member's death was an accidental death as defined in section 88-21.
(d) The system may accept as conclusive as to whether or not the member's death was caused by wilful negligence on the part of the member:
(1) A certification made by the head of the agency in which the member is employed; or
(2) A finding by the medical board or other entity designated by the board of trustees.
(e) After the medical board or other entity designated by the board of trustees submits its certification to the system, the system shall approve or disapprove the application. Upon approval of an application, benefits shall be paid as provided in section 88-85, 88-286, or 88-339. [L 2000, c 215, §1; am L 2004, c 179, §14; am L 2006, c 169, §16; am L 2017, c 17, §6]
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