North Dakota Code 40-45-13 – Payments to surviving spouse, children, and surviving parents upon death of active or retired member
Upon the death of any active or retired member of the police department of a city maintaining a police pension fund under this chapter, leaving a surviving spouse or minor children or dependent father or mother surviving the deceased member, there shall be paid out of the fund subject to the restrictions contained in section 40-45-14, as follows:
Terms Used In North Dakota Code 40-45-13
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Dependent: A person dependent for support upon another.
- 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.
1. To the surviving spouse, as long as the surviving spouse remains unmarried, a sum not less than fifty dollars per month and not more than sixty percent of the deceased spouse’s police retirement benefits.
2. If there is no surviving spouse, or upon the death or remarriage of the surviving spouse, then to the deceased member’s dependent father or mother, if both survive, or to either dependent parent if one survives, the sum of forty dollars per month.
3. To the guardian of each surviving child under eighteen years of age, a sum not less than twenty-five dollars per month and not more than fifty dollars per month.
The aggregate of all such payments shall not exceed sixty percent of the average monthly salary received during the highest paid consecutive thirty-six-month period of the deceased member’s employment prior to the time of the deceased member’s death or retirement.