Subd. 1.

When a service pensioner, disability pensioner, or deferred pensioner, or an active member of such relief association dies, leaving a surviving spouse, one or more surviving child, or both, such surviving spouse and the child or children shall be entitled to a pension or pensions as follows:

1. (a) To the surviving spouse a pension of not less than $25, and not to exceed $50 per month; provided that the bylaws of a relief association in a city of second class situated in a county in which there is also a city of first class may provide for a pension of not more than a sum equal to 40 percent of the monthly salary of a firefighter of the highest grade (not including officers of the department) in the employ of the municipality from time to time during the period of the pension payment, as the bylaws of the association provide for the natural life of the surviving spouse; provided, that if the surviving spouse shall remarry, such pension shall cease and terminate as of the date of remarriage.
2. (b) To such child or children, if the surviving spouse of the member is living, a pension of not to exceed $15 per month; provided that the bylaws of a relief association in a city of second class situated in a county in which there is also a city of first class may provide for a pension of not more than a sum equal to five percent of the monthly salary of a firefighter of the highest grade (not including officers of the department) in the employ of the municipality from time to time during the period of the pension payment, for each child up to the time each child reaches the age of not less than 16, and not to exceed an age of 18 years, in conformity with the bylaws of each association; provided, the total pension hereunder for the surviving spouse and children of the deceased member shall not exceed the sum of $75 per month; provided that the bylaws of a relief association in a city of second class situated in a county in which there is also a city of first class may provide for a pension of not more than a sum equal to 50 percent of the monthly salary of a firefighter of the highest grade (not including officers of the department) in the employ of the municipality from time to time during the period of the pension payment.
3. (c) A child or children of a deceased member receiving a pension or pensions hereunder shall, after the death of the surviving spouse of the member, be entitled to receive a pension or pensions in the amount or amounts as the board of trustees of the association shall deem necessary to properly support the child or children until they reach the age of not less than 16, and not more than 18 years, as the bylaws of each association may provide; but the total amount of such pension or pensions hereunder for any such child or children shall not exceed the sum of $75 per month; provided that the bylaws of a relief association in a city of second class situated in a county in which there is also a city of first class may provide for a pension of not more than a sum equal to 50 percent of the monthly salary of a firefighter of the highest grade (not including officers of the department) in the employ of the municipality from time to time during the period the pension payment is payable.

Subd. 2.

1. (a) "Surviving spouse" means a person who became the member's legally married spouse during or prior to the time the member was on the payroll of any such fire department as a firefighter, and remained such continuously after their marriage until the member's death, without having been granted a marriage dissolution or legal separation, and who, in case the deceased member was a service or deferred pensioner, was legally married to the member for at least one year prior to the member's retirement from the fire department; and who, in any case, was residing with the member at the time of the member's death. No temporary absence for purposes of business, health or pleasure shall constitute a change of residence for purposes of this clause.
2. (b) "Surviving child" means any child of the member living while the deceased member was on the payroll of the fire department, or who were born within nine months after the deceased member was withdrawn from the payroll of the fire department.