§ 36-10-20. Accidental death benefits. Upon the accidental death of a member while in service before retirement, provided that evidence shall be submitted to the retirement board proving that the death of the member was the natural and proximate result of an accident while in the performance of duty at some definite time and place, and that the death was not the result of willful negligence on his or her part, his or her accumulated contributions, including interest on all contributions to the date of death of the member, shall be paid to the person having an insurable interest in his or her life as the member shall have nominated by written designation duly executed and filed with the retirement board, or if the member has filed no nomination or if the person so nominated shall have died, then to the estate of the deceased member, and upon application by or on behalf of the dependents of the deceased member the retirement board shall grant a benefit equal to one-half (1/2) of the rate of annual compensation of the member at date of death:

(1) To the member's widow or widower or domestic partner for life unless he or she remarries or enters into a domestic partnership;

(2) If there be no widow, or widower or domestic partner or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member shall have attained the age of eighteen (18) years, then to the member's child or children under the age of eighteen (18) years, divided in such manner as the retirement board in its discretion shall determine, to continue as a joint and survivor annuity equal to one-half (1/2) of the member's rate of annual compensation at the date of death until every child dies or attains the age of eighteen (18) years; or

(3) If there be no widow or widower or domestic partner or child under the age of eighteen (18) years surviving the deceased member, then to his or her dependent father or mother as the deceased member shall have nominated by written designation duly acknowledged and filed with the retirement board; or, if there be no nomination, then to his or her dependent father or to his or her dependent mother as the retirement board in its discretion shall direct, to continue for life.

History of Section. (P.L. 1936, ch. 2334, § 9; G.L. 1938, ch. 18, § 9; P.L. 1947, ch. 1971, § 7; P.L. 1949, ch. 2377, § 2; G.L. 1956, § 36-10-20; P.L. 1984, ch. 426, § 1; P.L. 2007, ch. 510, § 11.)