1. (a) The beneficiary of a member who dies as a result of performing emergency service duties is entitled to a lump-sum benefit of $60,000.

2. (b) The beneficiary of a deceased member whose death did not result from the performance of emergency service duties, including a member whose death resulted from the performance of active military duty, is entitled to the greater of:

   1. (1) the amount contributed to the fund on the decedent's behalf; or
   2. (2) the sum that would have been contributed on the decedent's behalf from whatever source at the end of the period required for full service retirement benefits.
3. (c) The surviving spouse of a deceased member who dies as an active member of a participating department before retirement but after meeting the minimum age and service requirements for service retirement is entitled to two-thirds of the monthly annuity that the decedent would have received if the decedent had retired on the date of death.
4. (d) The surviving spouse of a deceased member who dies after terminating service with all participating departments and after meeting a service requirement under §864.001, Government Code, but before attaining the age of 55, is entitled to a death benefit annuity, beginning on the later of the date on which the decedent would have turned 55 or the date the surviving spouse applies for the annuity, equal to two-thirds of the monthly annuity to which the decedent would have been entitled on that date.
5. (e) The surviving spouse of a person who dies after retirement is entitled to the benefit provided by §864.009, Government Code.

Source Note:The provisions of this §308.4 adopted to be effective October 2, 2005, 30 TexReg 6062; amended to be effective August 26, 2007, 32 TexReg 5186; amended to be effective July 11, 2010, 35 TexReg 5899.