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785Ratification Number: 433Act Number: 380Introducing Body: SenateSubject: To clarify the accidental death of a police officer which occurs in the line of duty
(A380, R433, S785)
AN ACT TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY THE ACCIDENTAL DEATH OF A POLICE OFFICER WHICH OCCURS IN THE LINE OF DUTY.
Be it enacted by the General Assembly of the State of South Carolina:
Pension of police officers
SECTION 1. The third paragraph of Section 9-11-140 of the 1976 Code is amended to read:
"Upon the receipt of proper proofs of the death of an eligible member in service whose death was a natural and proximate result of an accident which arose out of or in the course of the actual performance of duty, provided that in either event the death was without willful negligence on the part of the deceased, and upon the finding and certification by the Board that the death occurred, there must be paid to his widow, if he leaves a widow, to continue during her widowhood, a pension of fifty percent of his compensation at the time of death. If there is no widow, or if the widow dies or remarries before the youngest child of the deceased member has attained the age of eighteen, the pension is paid to the children, divided in such manner as the Board may determine to continue for the benefit of the children until every child dies or attains the age of eighteen. If there is no widow or children under the age of eighteen years living at the death of the member, the pension must be paid to his surviving father and/or mother as the Board may direct to continue for life. If the member at the time of his death does not leave a widow, or children under the age of eighteen or surviving parents, no death benefit is payable under this section. The death benefit is payable apart and separate from the payment of any other benefits payable on his death pursuant to the provisions of Sections 9-11-110, 9-11-120 and 9-11-130."
SECTION 2. This act shall take effect upon approval by the Governor.