Title 47, Chapter 16, Section 102
( 47-16-102)
In addition to the retirement benefits provided in this chapter,
death benefits shall be paid to members in accordance with the
following: (1) If any member of this fund dies before retirement, whether
such member is active or inactive, an amount equal to the total
amount which has been paid by such member into the fund as dues
shall be paid, without interest, to such member's surviving
spouse, if any, to such member's named beneficiary, if any, or to
such member's estate, in that order. If any member dies after
retirement without having received an amount equal in benefits to
the total amount which he has paid into the fund as dues, the
difference, without interest, shall be paid to his surviving
spouse, if any, to his named beneficiary, if any, or to such
member's estate, in that order; (2) In addition to the death benefits provided in paragraph (1) of
this Code section, upon the death of any inactive member who would
otherwise qualify to be carried upon the active membership rolls
but for the fact that the member no longer holds the office of
sheriff, any member who is receiving retirement benefits, or any
member who is otherwise qualified to receive retirement benefits
from this fund except that the member has not reached the age of
55 years or has not filed an application or has not been approved
for retirement benefits, the sum of $7,000.00 shall be paid as
additional death benefits to the surviving spouse of such member,
if any, to the member's named beneficiary, if any, or to the
member's estate, in that order. Upon the death of any active
member, the sum of $7,000.00 shall be paid as additional death
benefits to the surviving spouse of such member, if any, to the
member's named beneficiary, if any, or to the member's estate, in
that order; (3) At the time any member submits his application for membership
in this fund, at the time any member submits his application for
retirement benefits, and from time to time any member of this
fund, whether carried on the active or inactive rolls of this
fund, and any person who is receiving retirement benefits from
this fund shall be afforded the opportunity to name a designated
beneficiary to receive the death benefits provided for in this
Code section; provided, however, such named beneficiary shall be
entitled to receive such death benefits only in the event such
member or person does not leave surviving a spouse at the time of
his death. The procedure by which a member or person receiving
retirement benefits names a beneficiary to receive the death
benefits provided for in this Code section shall be determined and
established by the board, which shall have authority to establish
forms and procedures for payment of the death benefits; (4) Upon the death of an active member before or after the retirement of such member, the surviving spouse of such member shall receive death benefits in the form of an annuity for the life of such spouse, such annuity to be determined and paid under paragraph (2) of subsection (a), subsection (b), and subsection (c) of Code Section 47-16-101 to the same extent as if such member had died while receiving retirement benefits under Option Two; and in the case of the death of an active member who is not already receiving retirement benefits, such annuity shall be determined and based upon the period of creditable service which such member has at the time of his death. Such benefit shall be in addition to benefits under paragraph (2) of this Code section, and in lieu of benefits under paragraph (1) of this Code section. |