TITLE VI
PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 100-A
NEW HAMPSHIRE RETIREMENT SYSTEM

Section 100-A:8

    100-A:8 Accidental Death Benefits. –
I. Group I Members.
(a) If, upon the receipt by the board of trustees of proper proof of the death of a group I member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to the member's surviving spouse; or if there is no surviving spouse, or if the surviving spouse dies before the youngest child of the deceased member has attained age 18, then to the deceased member's child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no surviving spouse or child under age 18 living at the death of the member, then to the member's dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum amount which is equal to the deceased member's base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11.
(b) Upon the accidental death of a group I member the amount of the state annuity payable shall be equal to 50 percent of the member's average final compensation.
II. Group II Members.
(a) If, upon the receipt by the board of trustees of proper proof of the death of a group II member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, or as the natural and proximate result of repeated trauma or gradual degeneration occurring while in the actual performance of duty or arising out of and in the course of employment or of any occupational disease arising out of or in the course of employment, as defined by RSA 281-A:2, XI and found to be compensable by the commissioner of labor pursuant to RSA 281-A:43; the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to the member's surviving spouse, or if there is no surviving spouse, or if the surviving spouse dies before the youngest child of the deceased member has attained age 18, then to the deceased members' child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no surviving spouse or child under age 18 living at the death of the member, then to the member's dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum amount which is equal to the deceased member's base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11.
(b) Upon the accidental death of a group II member the amount of the state annuity payable shall be equal to 50 percent of the member's annual rate of earnable compensation at the date of the member's death.
III. Workers' Compensation. Notwithstanding the foregoing provisions of this section and except for payments made under RSA 281-A:37, any amounts which may be paid or payable under the provisions of any workers' compensation or similar law on account of the death of any member shall, in such manner as the board of trustees shall determine, be offset against and payable in lieu of any state annuity payable under the provisions of this section on account of the same death. Any amounts offset above shall not include compensation received to pay hospital or medical bills under any private annuity or disability insurance plan.
IV. The offset provisions of paragraph III shall not apply in the case of a group II member who dies as the natural and proximate result of injuries received while in the performance of his duty. In this case any amounts paid or payable under the provisions of any workers' compensation or similar law on account of the death of the member shall not be offset against or payable in lieu of any state annuity payable under the provisions of this section on account of the same death.

Source. 1967, 134:1; 405:5, 6. 1987, 242:2. 1988, 193:4. 1990, 277:1. 1994, 158:17; 169:1. 1996, 187:2, 3. 2009, 327:1, 2, eff. Oct. 20, 2009.