When prior to retirement any police officer participating in the retirement system dies in the line of duty or in case death is caused by or is the result of injuries received while in the line of duty and if the police officer is not survived by a spouse or by minor children, the entire retirement value shall be payable to the beneficiary specified by the deceased police officer prior to his or her death or to the deceased police officer’s estate if no beneficiary was specified. The retirement value or portion thereof to be received by the beneficiary may be paid in the form of a single lump-sum payment, straight life annuity, or other optional form of benefit specified in the retirement system’s funding medium. For a police officer who is survived by a spouse or minor children, a retirement pension of 50% of regular pay shall be paid to the surviving spouse or, upon his or her remarriage or death, to the minor children during each child’s minority subject to deduction of the amounts paid as workers’ compensation benefits on account of death as provided in § 35.086. Each such child shall share equally in the total pension benefit to the age of his or her majority, except that as soon as a child attains the age of majority, the pension as to the child shall cease. Any payments for the benefit of a minor child shall be made on behalf of the child to the surviving parent or, if there is no surviving parent, to the legal guardian of the child. To the extent that the retirement value at the date of death exceeds the amount required to purchase or provide the specified retirement pension, as reduced by any amounts paid as workers’ compensation benefits, the excess shall be paid in the manner provided in § 35.083(A). If the actuarial equivalent of the pension benefit payable to a surviving spouse or minor children under this section exceeds the retirement value at the time of the first payment, the city shall contribute such additional amount as may be necessary to purchase or provide for the required pension benefit.
(Prior Code, § 30-70)
Statutory reference:
Similar provisions, see Neb. RS 16-1010