(1) Upon the receipt of acceptable proof of death of a member before the member's retirement date, the member's surviving spouse shall have the choice of the following death benefits: (a) a refund of the member's member contributions, if any, plus 65% of the member's most recent 12 months' compensation prior to death; or (b) an allowance equal to 65% of the allowance computed in accordance with Section 49-18-402, but disregarding early retirement reductions.

(a) a refund of the member's member contributions, if any, plus 65% of the member's most recent 12 months' compensation prior to death; or

(b) an allowance equal to 65% of the allowance computed in accordance with Section 49-18-402, but disregarding early retirement reductions.

(2) If there is no surviving spouse, member contributions shall be refunded to a beneficiary, in accordance with Sections 49-11-609 and 49-11-610.

(3) (a) A surviving spouse who requests a benefit under this section shall apply in writing to the office. (b) The allowance shall begin on the first day of the month: (i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or (ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.

(a) A surviving spouse who requests a benefit under this section shall apply in writing to the office.

(b) The allowance shall begin on the first day of the month: (i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or (ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.

(i) following the month in which the member died, if the application is received by the office within 90 days of the member's death; or

(ii) following the month in which the application is received by the office, if the application is received by the office more than 90 days after the member's death.