Upon death of a member occurring while in service and prior to retirement from any cause other than accidental death arising directly out of and in the course of employment, a payment shall be made consisting of: (1) The sum of eight hundred dollars ($800) for each year of service subject to a minimum payment of four thousand dollars ($4,000) and a maximum payment of sixteen thousand dollars ($16,000); and (2) An annuity to his or her widow or widower or domestic partner to continue for life unless he or she remarries or enters into a domestic partnership equal to thirty percent (30%) of the rate of compensation plus an allowance of ten percent (10%) of the compensation on account of each child of the member under age eighteen (18), subject to a total family benefit of fifty percent (50%) of final compensation; or if there is no widow or widower or domestic partner, or if the widow or widower or domestic partner dies or remarries or enters into a domestic partnership before any child of the deceased member has attained the age of eighteen (18) years, then an annuity with respect to each child of fifteen percent (15%) of the member’s final compensation subject to a maximum family benefit of fifty percent (50%) of final compensation. (3) The benefit under subsection (2) of this section is not payable if the member elected the provisions of § 45-21.2-21.
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