DEATH WHILE AN ACTIVE MEMBER OR RETIRED MEMBER. If an employee dies while an active member, the surviving spouse shall receive fifty percent (50%) of the rate of pay of the employee at the time of death until the spouse's death or remarriage, or sixty five (65%) of the monthly pension received by such member at the time of his or her death if retired. For one (1) dependent child, an additional 10%, for two (2) or more dependent children, an additional 20%. In any of the above cases, upon the death of such a widow/widower, before or after remarriage, the Pension Board may cause to be paid monthly, to the legally appointed guardian of the child or children of such widow/widower for whom or to whom benefits are payable in accordance with Section (M), for the use and benefits of such child or children, a sum or sums not exceeding in total the amount herein before provided to be received by such widow/widower, and may, from time to time, apportion such sums between such children as it may deem best, provided as each child reaches the age or the condition when he or she no longer qualifies for benefits in accordance with said Section (M), the payment to or for such child shall cease. The term, "widow/widower" as used in this Section, shall be limited to (1) the surviving spouse of such member who was married to him or her prior to his or her retirement from the Department, if retired, and who was living with him or her at the time of his or her death, or, if not so living with him or her, was absent by reason of his or her fault or (2) the surviving spouse of such member who married him or her subsequent to his or her retirement from such Department, if retired, and lived with him or her continuously thereafter until the time of his or her death but not less than five years or, if not so living with him or her at the time of his/her death, was absent by reason of his or her fault.
