49-17-501. Death benefit for members before retirement -- Computation.
(1) Upon the receipt of acceptable proof of death of a member before the member's retirement date, the member's surviving spouse shall have the choice of the following death benefits: a refund of the member's member contributions, including refund interest, plus 65% of the member's most recent 12 months' compensation prior to death; or an allowance equal to 65% of the allowance computed in accordance with Section, but disregarding early retirement reductions. 49-17-402
(2) If there is no surviving spouse, member contributions, including refund interest, shall be refunded to a beneficiary, in accordance with Sectionsand. 49-11-609 49-11-610
(3) A surviving spouse who requests a benefit under this section shall apply in writing to the office. The allowance shall begin on the first day of the month: following the month in which the member died, if the application is received by the office within 90 days of the member's death; or following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.