Section 411-803-12 - ACCIDENTAL DEATH BENEFITS1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A.Professional firefighter. "Professional firefighter" means an employee of a municipal fire department who is a member of the Participating Local District Retirement Program or who is a participating member under chapter 425 and who aids in the extinguishment of fires, whether or not the employee has other administrative duties.B.Qualifying member. "Qualifying member" means:(1) A member who dies as a result of an injury arising out of and in the course of employment as an employee;(2) After October 31, 2004, an active member who is a professional firefighter who dies as a result of an injury or disease as described in Title 39-A, section 328 if the injury or disease that causes the death is the result of a condition that develops within 30 days of the active member's participating in firefighting or training or a drill that involves firefighting. If the professional firefighter dies after 30 days but within 6 months of participating in firefighting or training or a drill that involves firefighting, there is a rebuttable presumption that the death is the result of an injury arising out of and in the course of employment as a professional firefighter; or(3) A former member receiving a disability retirement benefit who dies as a result of an injury arising out of and in the course of employment as an employee.2.Qualification for Benefit. The beneficiary of a qualifying member shall receive a benefit in accordance with section 18603.3.Computation of Benefit. Benefits under this section are determined as follows: A.Surviving spouse; no dependent children. If the qualifying member is survived by a spouse and no dependent child, the surviving spouse shall be paid 2/3 of the average final compensation of the qualifying member.B.Surviving spouse having care of dependent children. If the qualifying member is survived by a spouse who has the care of the dependent child or dependent children of the qualifying member, the surviving spouse shall be paid an annual sum equal to the average final compensation of the qualifying member.C.Surviving spouse not having care of dependent children. If the qualifying member is survived by a spouse who does not have the care of the dependent child or dependent children of the qualifying member, the surviving spouse shall share with the dependent child or dependent children an annual sum equal to the average final compensation of the qualifying member, the benefit to be divided equally among the surviving spouse and the dependent child or dependent children.D.No surviving spouse. If no spouse survives the qualifying member, the dependent child or dependent children shall be paid an annual sum equal to the average final compensation of the qualifying member.4.Method of Payment. All benefits paid under this section shall be paid in equal monthly installments beginning the first month after the death of the qualifying member.5.Adjustment of Benefits. Benefits under this section are subject to the following adjustments: A.Cessation of eligibility. When a person sharing benefits under section 18603 ceases to be eligible to receive benefits, the subsequent benefits of the remaining beneficiaries shall be recalculated as if the remaining beneficiaries had been the only beneficiaries to survive the qualifying member.B.Workers' compensation or similar law. The amount payable under this section must be reduced by any amount received by the surviving spouse and dependent child or dependent children under former Title 39, the Workers' Compensation Act or Title 39-A, Part 1, the Maine Workers' Compensation Act of 1992, or a similar law.(1) Lump-sum settlements of benefits that would reduce the accidental death benefits under this subsection must be prorated on a monthly basis in an equitable manner prescribed by the board.(2) The prorated lump-sum settlement amounts must reduce the accidental death benefits payable monthly under this section.C.Cost-of-living adjustments. Benefits under this section are subject to adjustment as provided in section 9.6.Termination of Benefits. The benefits under this section shall be paid to: A.Surviving spouse. The surviving spouse until the spouse dies; and B.Dependent children. The dependent child or dependent children until they die or until they no longer meet the definition of "dependent child" under section 17001, subsection 12.94-411 C.M.R. ch. 803, § 12