New Jersey § 43:16a-9

§ 43:16a-9.

(1) Upon the receipt of proper proof of the death of a member in active service on

account of which no accidental death benefit is payable under section 10 1 there shall be paid to such member's widow or widower a pension of 50% of final compensation

for the use of himself or herself and children of the deceased member, to continue

during his or her widowhood; if there is no surviving widow or widower or in the

case the widow or widower dies or remarries, 50% of final compensation shall be payable to one surviving child or, if there are two or more children, 50% of final compensation shall be payable to such children in equal shares. In the event of death occurring in the first year of creditable service, the benefits,

payable pursuant to this subsection, shall be computed at the annual rate of compensation. If there is no widow or widower or child, 25% of final compensation will be payable

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

parents in equal shares. (2) If there is no widow or widower, child or parent, there shall be paid to any other

beneficiary of the deceased member his or her aggregate contributions at the time

of death. (3) In no case shall the death benefit provided in subsection (1) be less than that

provided under subsection (2). (4) In addition to the foregoing benefits payable under subsection (1) or (2), there

shall also be paid in one sum to the member's beneficiary, an amount equal to 3 1/2

times final compensation. (5) a. For the purposes of this section and paragraph (5) of section 10 of P.L.1944, c. 255 ( C.43:16A-10 ) , a member of the Police and Firemen's Retirement System shall be deemed to be an

active member for a period of no more than 93 days while on official leave of absence

without pay when such leave is due to any reason other than illness, and for a period

of not more than one year in the event of an official leave (a) due to the member's

maternity, or (b) to fulfill a residency requirement for an advanced degree, or (c)

as a full-time student at an institution of higher education, and (1) while he is

disabled due to sickness or injury arising out of or in the course of his employment

as a member to whom this act applies, is not engaged in any gainful occupation, and

is receiving or entitled to receive periodic benefits (including any commutation of,

or substitute for, such benefits) for loss of time on account of such disability under

or by reason of workmen's compensation law, occupational disease law or similar legislation

and has not retired or terminated his membership; or (2) for a period of no more

than two years while on official leave of absence without pay if satisfactory evidence

is presented to the retirement system that such leave of absence without pay is due

to the member's personal illness other than an illness to which (1) above applies. b. If a member dies within 30 days after the date of retirement or the date of board

approval, whichever is later, a death benefit shall be payable only if he is deemed

to be an active member in accordance with this section; provided, however, a member

applying for disability benefits shall be deemed an active member if he was covered

by the death benefit provisions of the act at the termination of employment, filed

the application for disability retirement with the retirement system within 30 days

following such termination of employment and dies within 30 days after the date of

retirement or the date of board approval, whichever is later. If a member files an application for disability retirement while in service and

otherwise meets the requirements for disability retirement, but dies before the retirement

takes effect, the retirement shall be considered effective. 1

N.J.S.A. § 43:16A-10.