claim -- Exclusion. (1) The office shall provide a death benefit for members of this system. (2) The board shall make rules to administer the death benefit provided by this section and may, in accordance with federal law, establish: (a) benefit levels; (b) classes of members; and (c) a living benefit option. (3) This death benefit is payable when: (a) the member dies prior to the member's retirement date or dies under circumstances which Section 49-12-402 requires to be treated as the death of a member before retirement; (b) the office receives acceptable proof of death; and (c) benefits are not payable under Section 49-12-404. (4) The death benefit payable to the beneficiary under this section is a lump-sum payment consisting of: (a) the return of any member contributions under this chapter; plus (b) a percentage of the final average salary of the member to be determined by the board. (5) Any amount of a living benefit option paid to the member prior to death shall be deducted from the benefit payable to the beneficiary. (6) The cost of the death benefit shall be paid by the participating employer as a portion of the contribution rate established under Section 49-12-301. (7) The portion of the death benefit provided under Subsection (4)(b) may not be paid to the beneficiary of an inactive member unless: (a) that member has 10 or more years of accrued service credit prior to July 1, 1987; or (b) the death of the member occurs either: (i) within a period of 120 days after the last day of work for which the person received compensation; or (ii) while the member is still physically or mentally incapacitated from performance of duties, if the incapacity has been continuous since the last day of work for which compensation was received. (8) The death benefit provided under Subsection (4)(b) shall be paid in accordance with Sections
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