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 of the amount that has been contributed on the decedent's behalf from whatever source at the time of the member's death and the amount that would have been contributed by a department after the member's death, based on the department's contribution rate at the time of the member's death, at the end of the period required for full service retirement benefits.
3. (c) In lieu of the benefit provided by subsection (b) of this section, 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 may elect to receive two-thirds of the monthly annuity that the decedent would have received if the decedent had retired on the date of death.
4. (d) In lieu of the benefit provided by subsection (b) of this section, the surviving spouse of a deceased member who dies after meeting a service requirement under §864.001, Government Code, but before attaining the age of 55, may elect to receive 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. This annuity is payable whether the deceased member, at the time of death, was active in a participating department or had terminated service with all participating departments.
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; amended to be effective April 16, 2012, 37 TexReg 2684.