Death of member in paid service

Ark. Code Ann. § 24-10-608 — under Arkansas Local Police and Fire Retirement System.

Ark. Code Ann. § 24-10-608

(a) (1) If an active member with five (5) or more years of credited paid service, including credited service for the year immediately preceding his or her death, dies in employer-paid service before retirement, the applicable benefits provided in this subsection and subsections (c)-(e) of this section shall be paid, subject to § 24-10-610.(2) His or her surviving spouse, who was married to the member at least one (1) year immediately preceding his or her death, shall receive an annuity computed in the same manner in all respects as if the member had:(A) Retired the date of his or her death with entitlement to an annuity provided for in § 24-10-602;(B) Elected Option B50 survivor beneficiary annuity provided for in § 24-10-603; and(C) Nominated the spouse as joint beneficiary.(3) The spouse annuity shall not be less than twenty percent (20%) of the deceased member's final average pay at the time of death, or one hundred twenty-five dollars ($125) monthly, whichever is greater.

(1) If an active member with five (5) or more years of credited paid service, including credited service for the year immediately preceding his or her death, dies in employer-paid service before retirement, the applicable benefits provided in this subsection and subsections (c)-(e) of this section shall be paid, subject to § 24-10-610.

(2) His or her surviving spouse, who was married to the member at least one (1) year immediately preceding his or her death, shall receive an annuity computed in the same manner in all respects as if the member had:(A) Retired the date of his or her death with entitlement to an annuity provided for in § 24-10-602;(B) Elected Option B50 survivor beneficiary annuity provided for in § 24-10-603; and(C) Nominated the spouse as joint beneficiary.

(A) Retired the date of his or her death with entitlement to an annuity provided for in § 24-10-602;

(B) Elected Option B50 survivor beneficiary annuity provided for in § 24-10-603; and

(C) Nominated the spouse as joint beneficiary.

(3) The spouse annuity shall not be less than twenty percent (20%) of the deceased member's final average pay at the time of death, or one hundred twenty-five dollars ($125) monthly, whichever is greater.

(b) (1) (A) If an active member dies in employer-paid service before retirement as a result of a personal injury or disease which the Board of Trustees of the Arkansas Local Police and Fire Retirement System finds to have arisen out of and in the course of his or her actual performance of duty as an employee, the applicable benefits provided in this subsection and subsections (c)-(e) of this section shall be paid, subject to § 24-10-610.(B) As used in this subdivision (b)(1):(i) “Disease” includes without limitation a cancer that an active member was diagnosed with while he or she was in the line of duty; and(ii) “Cancer” means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, as determined by the Department of Health and with consideration to the findings of the International Agency for Research on Cancer, if the firefighter was:(1) Exposed to a known carcinogen while in the course of his or her actual performance of duty as an employee; and(2) Diagnosed with the cancer under this subdivision (b)(1)(B)(ii)(c) while in the line of duty.(C) A finding that an active member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.(2) His or her surviving spouse, who was married to the member at least one (1) year immediately preceding his or her death, shall receive an annuity computed in the same manner in all respects as if the member had:(A) Retired the date of his or her death with entitlement to an annuity provided for in § 24-10-602;(B) Elected Option B50 survivor beneficiary annuity provided for in § 24-10-603; and(C) Nominated the spouse as joint beneficiary.(3) For the sole purpose of computing the amount of the annuity on account of any member who does not have twenty-five (25) years of credited service in force at the time of death, credited service shall be granted for the period from the date of his or her death to the date he or she would have completed twenty-five (25) years of credited service.(4) The spouse annuity shall not be less than twenty percent (20%) of the deceased member's final average pay at the time of death or one hundred twenty-five dollars ($125) monthly, whichever is greater.

(1) (A) If an active member dies in employer-paid service before retirement as a result of a personal injury or disease which the Board of Trustees of the Arkansas Local Police and Fire Retirement System finds to have arisen out of and in the course of his or her actual performance of duty as an employee, the applicable benefits provided in this subsection and subsections (c)-(e) of this section shall be paid, subject to § 24-10-610.(B) As used in this subdivision (b)(1):(i) “Disease” includes without limitation a cancer that an active member was diagnosed with while he or she was in the line of duty; and(ii) “Cancer” means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, as determined by the Department of Health and with consideration to the findings of the International Agency for Research on Cancer, if the firefighter was:(1) Exposed to a known carcinogen while in the course of his or her actual performance of duty as an employee; and(2) Diagnosed with the cancer under this subdivision (b)(1)(B)(ii)(c) while in the line of duty.(C) A finding that an active member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.

(A) If an active member dies in employer-paid service before retirement as a result of a personal injury or disease which the Board of Trustees of the Arkansas Local Police and Fire Retirement System finds to have arisen out of and in the course of his or her actual performance of duty as an employee, the applicable benefits provided in this subsection and subsections (c)-(e) of this section shall be paid, subject to § 24-10-610.

(B) As used in this subdivision (b)(1):(i) “Disease” includes without limitation a cancer that an active member was diagnosed with while he or she was in the line of duty; and(ii) “Cancer” means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, as determined by the Department of Health and with consideration to the findings of the International Agency for Research on Cancer, if the firefighter was:(1) Exposed to a known carcinogen while in the course of his or her actual performance of duty as an employee; and(2) Diagnosed with the cancer under this subdivision (b)(1)(B)(ii)(c) while in the line of duty.

(i) “Disease” includes without limitation a cancer that an active member was diagnosed with while he or she was in the line of duty; and

(ii) “Cancer” means: (a) Leukemia, lymphoma, mesothelioma, or multiple myeloma; (b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or (c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, as determined by the Department of Health and with consideration to the findings of the International Agency for Research on Cancer, if the firefighter was:(1) Exposed to a known carcinogen while in the course of his or her actual performance of duty as an employee; and(2) Diagnosed with the cancer under this subdivision (b)(1)(B)(ii)(c) while in the line of duty.

(a) Leukemia, lymphoma, mesothelioma, or multiple myeloma;

(b) Cancer of the brain, urinary tract, liver, skin, breast, cervix, thyroid, prostate, testicle, colon, or digestive tract; or

(c) A cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population, as determined by the Department of Health and with consideration to the findings of the International Agency for Research on Cancer, if the firefighter was:(1) Exposed to a known carcinogen while in the course of his or her actual performance of duty as an employee; and(2) Diagnosed with the cancer under this subdivision (b)(1)(B)(ii)(c) while in the line of duty.

(1) Exposed to a known carcinogen while in the course of his or her actual performance of duty as an employee; and

(2) Diagnosed with the cancer under this subdivision (b)(1)(B)(ii)(c) while in the line of duty.

(C) A finding that an active member was diagnosed with cancer while he or she was in the line of duty may be rebutted by a preponderance of the evidence.

(2) His or her surviving spouse, who was married to the member at least one (1) year immediately preceding his or her death, shall receive an annuity computed in the same manner in all respects as if the member had:(A) Retired the date of his or her death with entitlement to an annuity provided for in § 24-10-602;(B) Elected Option B50 survivor beneficiary annuity provided for in § 24-10-603; and(C) Nominated the spouse as joint beneficiary.

(A) Retired the date of his or her death with entitlement to an annuity provided for in § 24-10-602;

(B) Elected Option B50 survivor beneficiary annuity provided for in § 24-10-603; and

(C) Nominated the spouse as joint beneficiary.

(3) For the sole purpose of computing the amount of the annuity on account of any member who does not have twenty-five (25) years of credited service in force at the time of death, credited service shall be granted for the period from the date of his or her death to the date he or she would have completed twenty-five (25) years of credited service.

(4) The spouse annuity shall not be less than twenty percent (20%) of the deceased member's final average pay at the time of death or one hundred twenty-five dollars ($125) monthly, whichever is greater.

(c) (1) (A) If a spouse annuity is payable as a result of a member's death while in paid service, his or her dependent children shall each receive an annuity of the greater of ten percent (10%) of the member's final average pay at the time of death or twenty-five dollars ($25.00) monthly.(B) However, while there are four (4) or more dependent children, each dependent child shall receive an annuity of an equal share of the greater of thirty percent (30%) of the final average pay or one hundred twenty-five dollars ($125) monthly.(2) Upon a child's ceasing to be a dependent child, his or her annuity shall terminate, and there shall be a redetermination of the amounts payable to any remaining dependent children.

(1) (A) If a spouse annuity is payable as a result of a member's death while in paid service, his or her dependent children shall each receive an annuity of the greater of ten percent (10%) of the member's final average pay at the time of death or twenty-five dollars ($25.00) monthly.(B) However, while there are four (4) or more dependent children, each dependent child shall receive an annuity of an equal share of the greater of thirty percent (30%) of the final average pay or one hundred twenty-five dollars ($125) monthly.

(A) If a spouse annuity is payable as a result of a member's death while in paid service, his or her dependent children shall each receive an annuity of the greater of ten percent (10%) of the member's final average pay at the time of death or twenty-five dollars ($25.00) monthly.

(B) However, while there are four (4) or more dependent children, each dependent child shall receive an annuity of an equal share of the greater of thirty percent (30%) of the final average pay or one hundred twenty-five dollars ($125) monthly.

(2) Upon a child's ceasing to be a dependent child, his or her annuity shall terminate, and there shall be a redetermination of the amounts payable to any remaining dependent children.

(d) (1) (A) If no spouse annuity is payable as a result of a member's death while in paid service, his or her dependent children shall each receive an annuity of the greater of twenty percent (20%) of the member's final average pay at the time of death or twenty-five dollars ($25.00) monthly.(B) However, while there are three (3) or more dependent children, each dependent child shall receive an annuity of an equal share of the greater of fifty percent (50%) of the final average pay or one hundred twenty-five dollars ($125) monthly.(2) Upon a child's ceasing to be a dependent child, his or her annuity shall terminate, and there shall be a redetermination of the amounts payable to any remaining dependent children.

(1) (A) If no spouse annuity is payable as a result of a member's death while in paid service, his or her dependent children shall each receive an annuity of the greater of twenty percent (20%) of the member's final average pay at the time of death or twenty-five dollars ($25.00) monthly.(B) However, while there are three (3) or more dependent children, each dependent child shall receive an annuity of an equal share of the greater of fifty percent (50%) of the final average pay or one hundred twenty-five dollars ($125) monthly.

(A) If no spouse annuity is payable as a result of a member's death while in paid service, his or her dependent children shall each receive an annuity of the greater of twenty percent (20%) of the member's final average pay at the time of death or twenty-five dollars ($25.00) monthly.

(B) However, while there are three (3) or more dependent children, each dependent child shall receive an annuity of an equal share of the greater of fifty percent (50%) of the final average pay or one hundred twenty-five dollars ($125) monthly.

(2) Upon a child's ceasing to be a dependent child, his or her annuity shall terminate, and there shall be a redetermination of the amounts payable to any remaining dependent children.

(e) If, at the time of the member's death while in paid service, there is neither a spouse nor a dependent child, each dependent parent shall receive an annuity of the greater of twenty percent (20%) of the final average pay or fifty dollars ($50.00) monthly, but only if the plan finds that the parent was dependent upon the member for at least fifty percent (50%) of his or her financial support at the time of death.

(f) Annuities payable under the provisions of this section shall commence the first day of the calendar month next following the date of the member's death or a later date specified for the commencement of annuity payments.

(g) A member hired on or after July 1, 2013, shall accrue ten (10) years of actual credited service in order to be eligible under this section.