(a) If a member of the retirement program dies as a result of any activity related to official duties as an employee prior to retirement under this article, a monthly death benefit equal to the greater of sixty-two and one-half percent (62.5%) of the member's salary or two and one-half percent (2.5%) of the member's salary multiplied by the years of the member's service credit, as determined under W.S. 9-3-417, shall be paid to the surviving spouse. (b) In addition to the benefits provided under subsection (a) of this section, an additional amount equal to six percent (6%) of the member's salary shall be paid as a benefit for each unmarried child under the age of eighteen (18) years, provided the total death benefit paid to the surviving spouse and children in accordance with this section shall not exceed one hundred percent (100%) of the employee's salary. (c) A member's salary for purposes of determining death benefit payments under this section shall be equal to the greater of: (i) The member's highest average salary at the time of death, as defined in W.S. 9-3-602(a)(xvi); or (ii) The member's final actual salary at the time of death as defined in W.S. 9-3-602(a)(vi). (d) Notwithstanding subsections (a) and (b) of this section, if a member of the retirement program is killed in the line of duty, any surviving spouse of the member shall receive a monthly death benefit payment of ninety percent (90%) of the member's salary, plus six percent (6%) of that salary for each child under the age of eighteen (18).
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