2.124.430   Death allowances.
   If a member shall die before retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance shall be paid, beginning on the day next following the date of death, to the member's surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the day of death, but such allowance shall not be less than fifty (50) percent of his or her final compensation. If there is no surviving spouse entitled to an allowance hereunder, or if such spouse dies or remarries before every child of such deceased member attains the age of eighteen (18) years, then the allowance which the surviving spouse would have received had such spouse lived and not remarried shall be paid to the member's child or children under such age, collectively, until every child dies or attains such age, provided that no child shall receive any allowance after marrying or attaining age eighteen (18). Should such member leave no surviving spouse and no children under the age of eighteen (18) years, but leave a parent or parents dependent upon the member for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Prior code § 34.04.404)