North Dakota Code 18-11-17 – Pensions to surviving spouses and children of deceased members
When a service pensioner, disability pensioner, deferred pensioner, or an active member of a relief association dies leaving a surviving spouse to whom the deceased was married while an active member of the association, a child who was or children who were living while the deceased was on the payroll of the fire department or who were born within nine months after the decedent was withdrawn from the payroll of that fire department, or both such surviving spouse and such children, then such surviving spouse and children are entitled to a monthly pension as follows:
Terms Used In North Dakota Code 18-11-17
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
1. If the deceased leaves only a surviving spouse, a pension in the sum of forty percent of a first-class firefighter’s monthly salary on January first during the year the pension is paid to the surviving spouse, during such spouse’s natural life or until such spouse remarries.
2. If the deceased leaves both a surviving spouse and children, a monthly pension to the surviving spouse in the sum of forty percent of a first-class firefighter’s monthly salary on January first during the year the pension is paid, for the rest of the surviving spouse’s natural life or until such spouse remarries, and to the parent or guardian of any children under the age of eighteen years of age there must be paid monthly twenty percent of a first-class firefighter’s monthly salary to be divided equally among such children.
3. If the deceased leaves only children, a monthly pension must be paid to the guardian of such child or children for such child or children in the sum of sixty percent of a first-class firefighter’s monthly salary on January first during the year the pension is paid, to be divided equally among such children; provided, however, that if there is only one surviving child, that child shall receive a sum equal to forty percent of a first-class firefighter’s monthly salary. All pensions to child or children shall terminate when the child or children reach the age of eighteen years.
4. As used in this section, the term “child” means:
a. The natural or adopted child of a firefighter; or
b. The natural or adopted child of a firefighter’s surviving spouse or former spouse who is designated in writing by the firefighter as a child beneficiary under this section on a form supplied by the relief association.