Upon the death of any active or retired member of the police department of a city maintaining a police pension fund under this chapter, leaving a surviving spouse or minor children or dependent father or mother surviving the deceased member, there shall be paid out of the fund subject to the restrictions contained in section 40-45-14, as follows:
The aggregate of all such payments shall not exceed sixty percent of the average monthly salary received during the highest paid consecutive thirty-six-month period of the deceased member's employment prior to the time of the deceased member's death or retirement.
N.D.C.C. § 40-45-13