§ 45-21.2-11. Accidental death benefits. Upon the accidental death of a member before retirement; provided, that evidence shall be submitted to the retirement board proving that the death of the member was a natural and proximate result of an accident while in the performance of duty at some definite time and place, and that the death was not the result of willful negligence on the member's part, that member's accumulated contribution shall be paid to that member's estate, or to the person having an insurable interest in the member's life as the member nominated by written designation, duly executed and filed with the retirement board, and upon application by or on behalf of the dependents of the deceased member, the retirement board shall grant a benefit equal to one-half (1/2) of the rate of compensation of the member in effect at the date of death:

(1) To his or her widow or widower or domestic partner to continue for life unless he or she remarries or enters into a domestic partnership, together with an amount equal to ten percent (10%) of the rate of compensation for each child of the member under the age of eighteen (18), subject to a total family benefit of sixty-six and two-thirds percent (66 2/3%) of salary; or

(2) If there is no widow or widower or domestic partner or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member has attained the age of eighteen (18), then to the member's child or children under that age, a benefit for each of fifteen percent (15%) of the rate of compensation of the member subject to a total family benefit of fifty percent (50%) of salary.

History of Section. (P.L. 1968, ch. 230, § 1; P.L. 1984, ch. 42, § 2; P.L. 2007, ch. 510, § 18.)