(a) Upon the death of a member in service, a monthly survivor's pension shall be payable to the primary survivor equal to 1/ of the 2 member's compensation. (b) Upon the death of a member in service, whose death occurred in the line of duty, a monthly survivor's pension shall be payable to the primary survivor equal to three-quarters of the member's compensation. (c) Upon the death of a retired member, a monthly survivor's pension shall be payable to the primary survivor and surviving dependents equal to the greater of: (i) 1/ of such service or disability pension; (ii) if such pension was computed under the provisions of § 8368(b) of 2 this title,2/ of such service or disability pension; (iii) if such pension was computed under the provisions of § 8368(c) of this title, 75% 3 of such service or disability pension; or (iv) if such pension was computed under the provisions of § 8368(d) of this title, 100% of such service or disability pension. If the primary survivor is the surviving spouse, such person must have been married to the deceased member: (1) Prior to retirement; or (2) For at least 1 year before the date of death, unless the death was the result of an accident. (d) A survivor's pension shall begin with the month following the month in which the member or retired member dies. If payable to a surviving spouse who dies, it shall become payable in the following month to the next primary survivor as defined in § 8351(13) of this title or cease with that month in the absence of eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in § 8351(4) of this title it shall become payable in the following month to a dependent parent or cease with that month in the absence of eligible parents. If payable to a parent, it shall cease with the month in which the parent dies.
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