§ 22-90. Spouse and children of pensioner.

(a)

In the event of the death of any police officer who has been awarded a pension or is eligible therefor, as provided under the provisions of this article, or amendments thereto, the surviving spouse of such police officer shall be paid an amount not to exceed one hundred (100) percent of said pension. In the event of the death or marriage of the spouse, his or her pension shall cease, and if there is one child living, such child shall receive the pension, but if there is more than one child living, the pension shall be prorated between them. The pension of each child shall cease upon marriage or upon attaining the age of eighteen (18) years, whichever comes first.

(b)

In order for a surviving spouse of a retired police officer to be a surviving spouse eligible under this article to receive a pension upon the death of a retired police officer who was receiving or was eligible to receive a disability allowance, the surviving spouse must have been the wife or husband of the police officer at the time of such officer's retirement. Provided, further, that in order for a surviving spouse to qualify for said pension, the spouse must have been married to and living with the pensioner as the pensioner's wife or husband at the time of the pensioner's retirement and for at least five (5) continuous years prior thereto; or have been married to and living with the pensioner as the pensioner's wife or husband at the time of retirement and at least five (5) continuous years prior to the pensioner's death. Children adopted by the pensioner after the pensioner's service retirement are excluded from pension benefits under this article.

(Ord. No. 742, § 21, 12-20-65)

State law reference

Similar provisions, 11 O.S. Supp. 1978, § 50-115.