Alabama § 45-37A-51.230 - Service Connected Death Benefit.

§ 45-37A-51.230. Service Connected Death Benefit.

Should a participant be killed in the line of his or her duty, there may be payable to his or her spouse and child or children a service connected death benefit which shall be determined as follows:

(1) SPOUSE BENEFIT. The surviving spouse shall receive a monthly benefit equal to 60 percent of the monthly salary of the deceased participant and shall additionally receive an amount equal to 10 percent of the salary for each eligible child of the deceased participant. However, in no event shall the monthly benefit payable to the spouse hereunder exceed 75 percent of the monthly salary of the deceased participant.

(2) CHILD OR CHILDREN BENEFIT. Should there be no surviving spouse or should the surviving spouse fail to qualify hereunder, there shall be payable to or for the benefit of such deceased participant’s child or children a monthly benefit equal to 60 percent of the deceased participant’s monthly salary as provided in Section 45-37A-51.229

(3) DECEASED PARTICIPANT’S MONTHLY SALARY. For the purpose of this section, the deceased participant’s monthly salary shall mean his or her final average salary except that with respect to a participant who should be killed in the line of service prior to having accumulated five years of credited service hereunder, it shall mean his or her monthly salary as of the date of injury which resulted in his or her death.