Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-145 - [Applicable to municipalities not electing to authorize continuation of or reinstatement of spouse retirement benefits under Section 21-29-329] Death benefits where death results from discharge of duty or after retirement

[For any municipality that has not elected to authorize the continuation of or reinstatement of spouse retirement benefits under the provisions of Section
21-29-329
, this section shall read as follows:]
(1)
If any member of the fire or police department dies in active service, or dies in inactive service on account of disability approved for disability relief under the provisions of Section
21-29-133
, as a result of injury received while in the discharge of duty in the service of the fire department or police department, or dies as a result of sickness or disease, due to the discharge of duty while in service as a member of the fire or police department, or if the member dies while entitled to relief after retirement under Section
21-29-139
, the amount of disability relief or retirement being paid, or which should have been properly paid, shall continue to be paid from the fund to the spouse of the deceased member for the use of the spouse and the child or children of the deceased member, so long as the spouse remains unmarried. If, after the marriage of the spouse, there remains a child or children of the deceased member, the payments shall continue to be made to a parent or lawful custodian of the child or children without the necessity of appointment as guardian for the benefit of the child or children. After the death or marriage of the spouse, all payments to the spouse shall cease, and after the death of any child or children of the deceased member, all payments to the child or children shall cease. If the deceased member is not survived by spouse or child or children, but is survived by a father, mother, or an unmarried sister dependent upon him or her, the payments shall continue to be made to the dependent father or mother or both, so long as each lives, or if there is no dependent father or mother surviving the deceased member, the payments shall continue to be made to the unmarried dependent sister or dependent sisters of the deceased, so long as the beneficiary or beneficiaries remain unmarried. Upon the death or marriage of any such sister, all payments shall cease to her. Payments to dependents under this section are for services rendered by the members of the fire and/or police department, and the amount of payment is within the discretion of the board of disability and relief, but in no event shall the amount payable under this section be in excess of the amount that would have been payable as disability and relief to a member of the department. If the father, mother, or sisters are not wholly dependent, then they shall not receive any amount in excess of the difference between the income of the father, mother, sister or sisters, and the amount that the deceased member would have been entitled to.
(2)
For purposes of this section:
(a)
"Dependent" means wholly dependent upon the deceased at the time of his death.
(b)
"Child" or "children" means:
(i)
Children of the deceased member under the age of eighteen (18);
(ii)
Children of the deceased member eighteen (18) years of age or older who have not yet reached their twenty-third birthday and are pursuing a full-time education; or
(iii)
Children of the deceased member who, though eighteen (18) years of age or older, are wholly dependent upon the deceased member and incapable of self-support by reason of mental or physical disability.
Codes, 1942, § 3487; Laws, 1940, ch. 287; Laws, 1974, ch. 437, § 1; Laws, 1978, ch. 435, § 1; Laws, 1980, ch. 358, § 2; Laws, 2004, ch. 561, § 11, eff. 7/1/2004.
This section is set out more than once due to postponed, multiple, or conflicting amendments.