§ 5-1-229. DEATH BENEFITS FOR ELIGIBLE BENEFICIARIES RECEIVING AN ACCIDENTAL DISABILITY ALLOWANCE.

(a)

Definitions.

(1)

In this section, the following terms have the meaning indicated.

(2)

"Eligible beneficiary" means a beneficiary:

(i)

Who died while receiving an accidental disability allowance as a result of having suffered a qualifying disability;

(ii)

Whose accidental disability allowance has been based upon the beneficiary's maximum benefit option and does not provide for the continuation of accidental disability benefits to the surviving spouse upon death of the beneficiary; and

(iii)

Whose death is determined by the Medical Board to have been the result of the qualifying disability for which the beneficiary received the accidental disability allowance prior to the beneficiary's death.

(3)

(i)

"Qualifying disability" means a physically disabling loss listed in the subparagraphs (ii) through (v) of this paragraph, that was determined by the Medical Board to be the direct result of physical bodily injury arising from a traumatic accidental occurrence, independent of all other causes, while in the actual performance of duty with the county at a definite time and place, without willful negligence on the part of the member, which totally and permanently incapacitated the member for duty.

(ii)

Schedule of disabling losses:

1.

Both hands or both feet;

2.

One hand and one foot;

3.

One hand and the sight of one eye;

4.

One foot and sight of one eye;

5.

Sight of both eyes; or

6.

Paralysis (para or quadriplegia).

(iii)

Disabling loss of a hand or foot means:

1.

Dismemberment by severance through or above the wrist or ankle joint; or

2.

Partial dismemberment of a hand or foot that results in the loss of all functional use of the partially dismembered hand or foot.

(iv)

Disabling loss of sight of one eye means central visual acuity of twenty two-hundredths (20/200) or less in one eye with the use of correcting lenses, or visual acuity of greater than twenty two-hundredths (20/200) if accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees.

(v)

Disabling loss of sight of both eyes means central acuity of twenty two-hundredths (20/200) or less in the better eye with the use of correcting lenses, or visual acuity greater than twenty two-hundredths (20/200) if accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty (20) degrees.

(b)

Benefit allowance. The following family members of the eligible beneficiary, after written demand to the Board of Trustees for benefits under this section and verification of eligibility, are entitled to receive a continued accidental disability allowance following the beneficiary's death:

(1)

The beneficiary's surviving spouse, until the earlier of the spouse's death or remarriage; or

(2)

If there is no surviving spouse or if the surviving spouse dies or remarries before the surviving child or children of the deceased beneficiary shall have attained the age of eighteen years, then to the surviving minor child or children of the deceased beneficiary, in equal shares if applicable, until they have attained the age of eighteen years.

(1988 Code, § 23-59.1) (Bill No. 7-01, § 1, 2-26-2001; Bill No. 32-03, § 1, 7-1-2004)