(a) Generally. This section applies to active participants whose deaths occur as a direct result of the active performance of duties.
(b) Death benefit to surviving spouse or unmarried minor child.
(1) On the death of an active participant, a death benefit is payable to the surviving spouse or, if there is no spouse, the unmarried minor children, in an annual amount equal to the greater of the participant's accrued benefit as of the date of death or 50% of the participant's final average basic pay.
(2) The death benefit shall be paid to the surviving spouse on a monthly basis commencing on the first day of the month coinciding with or next following the participant's death and ceasing as of the spouse's date of death.
(3) If the surviving spouse dies, or if there is no surviving spouse but there are one or more surviving unmarried minor children, the death benefit shall be paid to the children in equal shares, on a monthly basis, commencing on the first day of the month coinciding with or next following the spouse's death, or the participant's death, as applicable, with the benefit to each child ceasing when the child attains the age of 18 years or marries, whichever occurs first.
(4) At the cessation of benefit payments under this subsection, if benefit payments in an amount equal to accumulated contributions have not been made, the difference shall be paid in a lump sum to the beneficiary or, if there is no living beneficiary, the participant's estate.
(c) When no surviving spouse or unmarried minor children. On the death of an active participant who does not have a surviving spouse or unmarried minor children, there shall be refunded to the beneficiary or, if there is no living beneficiary, to the participant's estate an amount equal to accumulated contributions and a lump sum equal to 50% of the participant's final average basic pay.
(1985 Code, Art. 7, § 3-308) (Bill No. 90-01)