§ 3-7-43. Benefits to surviving spouses and children of members killed while in performance of official duties.  


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  • The surviving spouse or, if no surviving spouse, the surviving handicapped child, of any member killed while in performance of official duties may elect to receive relief from the System in the amount of 66 2/3 percent of the member's current salary in lieu of any benefits provided in Section 3-7-41. The surviving spouse shall make such election in writing filed with the Board within 90 days of receiving notice in writing from the Board of his or her right to make such election, or within 180 days of the death of the member, whichever first occurs. In the event that the surviving spouse does not make a timely election, benefits shall be paid as provided under Section 3-7-41. Such election, if approved by the Board, shall become irrevocable upon commencement of payments and shall cease if such handicapped child shall become self-supporting, as determined by the Board based on standards established by the Board, or if said child is determined by the Board no longer to be permanently mentally incompetent or permanently physically handicapped based on evidence available to the Board in accordance with Section 3-7-41 (b), as the case may be. Upon death of the surviving spouse, a surviving handicapped child, if any, shall be entitled to receive continued relief from the System as if that child were a surviving spouse. (20-81-3; 13-92-3; 29-09-3; 4-16-3.)