New Jersey § 43:7-9

§ 43:7-9.

a. Upon the receipt of proper proofs of the death of a member who shall have lost

his life, there shall be paid to his widow or widower a pension of 25% of the member's

average final compensation, for the use of herself or himself, to continue during

her or his widowhood, plus 15% of such salary payable to one surviving child or plus

25% of such salary to two or more surviving children; if there is no surviving widow

or widower or in case the widow or widower dies or remarries, 20% of the member's

average final compensation will be payable to one surviving child, 35% of such compensation

to two surviving children in equal shares and if there be three or more children,

50% of such compensation will be payable to such children in equal shares; if there

is no surviving widow, widower or child, 25% of the member's average final compensation

will be payable to one surviving parent or 40% of such compensation will be payable

to two surviving parents in equal shares. b. Upon the receipt of proper proofs of the death after retirement of a former member

of the pension fund, there shall be paid to his widow or widower a pension of 25%

of the member's average final compensation for the use of herself or himself, to continue

during her or his widowhood, plus 15% of such compensation payable to one surviving

child or plus 25% of such compensation to two or more surviving children; if there

is no surviving widow or widower or in case the widow or widower dies or remarries,

20% of the member's average final compensation will be payable to one surviving child,

35% of such compensation to two surviving children in equal shares and if there be

three or more children, 50% of such compensation will be payable to such children

in equal shares. c. The changes in benefits provided by subsections a. and b. of this section shall

apply only to pensions hereafter granted; provided, however, that pensions granted

prior to the effective date of this amendatory and supplementary act shall be increased

to the schedule of payments stipulated by subsection a. on the first of the month

following the commission's approval of those cases where proper evidence is submitted

to the satisfaction of the pension commission that the death of the member in active

service was the result of an accident met in the actual performance of duty at some

definite time and place, that such death was not the result of the member's willful

negligence, and that the death occurred within 5 years of the accident; provided,

further, that any pension in an amount less than $1,600.00 per annum, presently paid

or to be paid in the future to a widow or widower or a prison officer, shall be increased

to $1,600.00 per annum. d. For purposes of this section: (1) “ Child ” shall mean a deceased member's unmarried child either (a) under the age of 18 or

(b) of any age who, at the time of the member's death, is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of

the impairment and his impairment has lasted or can be expected to last for a continuous

period of not less than 12 months, as affirmed by the examining physicians of the

fund. (2) “ Widower ” shall mean the man to whom a member was married before the date of her retirement

or at least 5 years before the date of her death and to whom she continued to be married

until the date of her death and who was receiving at least one-half of his support

from the member in the 12-month period immediately preceding the member's death or

the accident which was the direct cause of the member's death. The dependency of such a widower will be considered terminated by marriage of the

widower subsequent to the death of the member. (3) “ Widow ” shall mean the woman to whom a member was married before the date of his retirement

or at least 5 years before the date of his death and to whom he continued to be married

until the date of his death and who has not remarried. (4) “ Parent ” shall mean the parent of a member who was receiving at least one-half of his support

from the member in the 12-month period immediately preceding the member's death or

the accident which was the direct cause of the member's death. The dependency of such a parent will be considered terminated by marriage of the

parent subsequent to the death of the member.