If death of a member shall arise out of and in the course of employment, from causes of a character compensable under §§ 1 et seq. of Title 11, the surviving spouse shall be entitled to receive an occupational death annuity equal to fifty percent (50%) of the member’s rate of compensation at date of death, payable during his or her widowhood. If the member first entered the System after April 1, 1990, his surviving spouse shall be entitled to receive an occupational death annuity equal to forty percent (40%) of the member’s rate of compensation at date of death, payable during his or her widowhood. If children of the member under eighteen (18) years of age or children pursuing studies also survive the member, the surviving spouse shall be entitled to receive an additional amount of ten (10) dollars per month on account of each such child, subject to the limitation of 100% of said rate of compensation for the combined payments to a surviving spouse and such children. If the spouse does not survive the member, or death of the surviving spouse occurs while in receipt of the annuity, and children of the member under eighteen (18) years of age or children pursuing studies survive, each such child shall be entitled to receive an annuity equal to twenty (20) dollars a month until attaining the age of eighteen (18) years, or until finishing his studies, subject to a maximum payment of 100% of the member’s rate of compensation at date of death, to all such children.
The annuities payable hereunder shall be additional to the compensation received by the surviving spouse and children of the member under the provisions of the Workmen’s Accident Compensation Act, §§ 1 et seq. of Title 11.
If the wife and children under eighteen (18) years of age or children who are studying do not survive the participant, the payments shall be made as provided in the first paragraph of § 773 of this title. If the sum of the payments made to a widow or children were less than the total payments provided in the first paragraph of § 773 of this title, the remainder shall be paid to the heirs of the deceased participant.
History —May 15, 1951, No. 447, p. 1298, § 12; June 12, 1957, No. 39, p. 90, § 3; July 19, 1960, No. 136, p. 390; Feb. 16, 1990, No. 1, § 8; renumbered as § 2-112 and amended on Sept. 24, 1999, No. 305, § 21.