Pensions for spouses as beneficiaries designated under the terms of this division
shall be three-quarters of the amount the pensioner was receiving at the time of death
on service pensions, total and permanent disability pensions not in line of duty,
and death not in line of duty prior to eligibility for retirement, and three-quarters
on disability or death incurred in the line of duty with the police or fire department
of the amount the pensioner was receiving or would have received had he or she exercised
his or her right to retire for and during her widowhood, or his widowerhood, and his
or her life, and, provided, further, that the pension benefits for spouses shall be
given to the minor child or children (natural or legally adopted) upon the prior deaths
or remarriage of the spouse until the youngest child shall have become 18 years of
age; provided, further, that if the beneficiary of pensioner receiving service pension
benefits (other than the minor child or children) is more than five years younger
than the pensioner, there shall be deducted from the pension
1/12
of two percent per month for each month that he or she is more than five years younger
than the pensioner; provided, however, that the reduction of
1/12
of two percent per month shall not apply if the beneficiary is 55 years or more of
age at the time he or she becomes eligible for benefits.
(Code 1983, § 24-4-5)
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