Death benefit payable to survivors of certain police officers or firefighters
(1) The surviving spouse or child of a police officer or firefighter, who died a member of the Public Employees Retirement System while retired either for service or disability and while receiving or being entitled to receive a benefit under ORS 238.345 (Optional service-connected disability retirement allowance for police officers and firefighters) or under this chapter, is entitled to a benefit under this section. The benefit shall be equal to 25 percent of the unmodified retirement allowance the police officer or firefighter was receiving or was entitled to receive at the time of death under ORS 238.345 (Optional service-connected disability retirement allowance for police officers and firefighters) or under this chapter. The benefit authorized by this section is in addition to any other benefit the surviving spouse or child is entitled to and is available to the child until the child attains 18 years of age.
(2) For the purpose of this section, the unmodified retirement allowance is that allowance described in ORS 238.300 (Service retirement allowance), or if election to receive the benefits authorized under ORS 238.345 (Optional service-connected disability retirement allowance for police officers and firefighters) has been made, the unmodified retirement allowance is 50 percent of the final average salary of the police officer or firefighter as determined on the date of the injury causing disability.
(3) The board shall pay to a surviving spouse or child entitled to a benefit under this section a lump sum amount equal to the actuarial value of the allowance provided under this section if the allowance is less than $30 per month. The lump sum amount shall be in lieu of the allowance provided for under this section. [Formerly 237.163]
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