100-A:9 Ordinary Death Benefit; Group I and II Members. –
I. Upon receipt by the board of trustees of proper proof of the death of a group I or group II member in service indicating that such death was not the result of an accident occurring while in the performance of duty, there shall be a death benefit payable to the member's surviving spouse or designated beneficiary or beneficiaries, if living, otherwise to the member's estate. For purposes of this section only, any group I or group II member who dies on or after January 1, 2007 while performing qualified military service shall be considered a member in service at the time of death whose death was not the result of an accident occurring while in the performance of duty as a member.
II. If the member has at least 10 years combined creditable service or was eligible for service retirement at the time of the member's death, there shall be payable to the member's surviving spouse an allowance, continuing until the spouse's death, equal to 50 percent of the service retirement allowance that would have been payable to the member had the member retired immediately prior to death, based on average final compensation and creditable service at the time of death. In lieu of an allowance, the surviving spouse may elect a lump sum benefit equal to the deceased member's annual earnable compensation, in addition to the amount payable under RSA 100-A:11.
III. If the member did not have at least 10 years combined creditable service and was not eligible for service retirement at the time of death, there shall be payable to the member's spouse or the member's designated beneficiary or beneficiaries, if other than the member's spouse, if living, otherwise to the member's estate, a lump sum equal to the greater of either:
(a) $3,600 or
(b) An amount which is equal to the deceased member's annual earnable compensation at the time of death in addition to the amount payable under RSA 100-A:11.
IV. However, if the member had at least 10 years combined creditable service or was eligible for service retirement, but is not survived by a spouse, or has designated a beneficiary or beneficiaries other than the member's spouse, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum equal to the greater of either:
(a) $3,600 or
(b) An amount which is equal to the deceased member's annual earnable compensation at the time of death, in addition to the amount payable under RSA 100-A:11.