(a) The surviving spouse and dependents of a member who dies as a result of performing emergency services or support services are entitled to the benefit provided under §864.006, Texas Government Code. The beneficiary of an active member who dies as a result of performing emergency services or support services is entitled to a lump-sum benefit of $100,000.     
      (b) Except as otherwise elected under subsection (c) or (d) of this section, the beneficiary of a deceased active member whose death did not result from the performance of emergency services or support services, including a member whose death resulted from the performance of active military duty, is entitled to: the sum of the amount that has been contributed on the decedent's behalf from whatever source at the time of the member's death and the amount that would have been contributed by a participating department after the member's death, based on the participating department's contribution rate at the time of the member's death, at the end of the period required for full service retirement benefits, but in no event less than the total amount that has actually been contributed on the member's behalf.     
      (c) In lieu of the benefit provided by subsection (b) of this section, if the surviving spouse is the sole designated beneficiary of a deceased member (i) who dies as an active member of a participating department, (ii) whose death did not result from the performance of emergency services or support services and (iii) who had attained the minimum age and service requirements under §308.1 of this title (relating to Eligibility for Retirement Annuity) for a full or partial service retirement as of the date of death, the surviving spouse may elect to receive two-thirds of the monthly annuity for a full or partial retirement, as applicable, that the decedent would have received if the decedent had retired on the date of death.     
      (d) In lieu of the benefit provided by subsection (b) of this section, if the surviving spouse is the sole designated beneficiary of a deceased member (i) who dies as an active member of a participating department, (ii) whose death did not result from the performance of emergency services or support services, and (iii) who had attained the minimum service requirements, but had not attained the minimum age requirement under §308.1 of this title for a full or partial service retirement as of the date of death, the surviving spouse may elect to receive a death benefit annuity, beginning on the later of the date on which the decedent would have attained the minimum age requirement or the date the surviving spouse applies for the annuity, equal to two-thirds of the monthly annuity for a full or partial retirement, as applicable, to which the decedent would have been entitled on the date that the member would have attained the minimum age requirement.     
      (e) The election under subsection (b) or (c) of this section, as applicable, is not available to the deceased member's spouse if the deceased member designated more than one beneficiary to receive such death benefit, even if the spouse is one of the deceased member's designated beneficiaries.     
      (f) All beneficiary designations of a member will become null and void upon such member's termination from service with all participating departments. No designated beneficiary is entitled to a death benefit under this section following a member's termination of service from all participating departments.     
      (g) The surviving spouse of a deceased member who dies after terminating service, but before commencing a service retirement annuity from the pension system under §308.2 of this title (relating to Service Retirement Annuity) , is entitled to receive upon application to the pension system (i) the death benefit annuity described in subsection (c) of this section if the deceased member had attained the minimum age and service requirements under §308.1 of this title for a full or partial service retirement as of the date of death or (ii) the death benefit annuity described in subsection (d) of this section if the deceased member had attained the minimum service requirements, but had not attained the minimum age requirement under §308.1 of this title for a full or partial service retirement as of the date of death, beginning on the dates described in subsection (d) of this section. The surviving spouse of a deceased member is entitled to the benefit under this subsection even if the surviving spouse was not the designated beneficiary of the deceased member upon termination of active service from all participating departments.     
      (h) The surviving spouse of a person who dies after commencing a service retirement annuity from the pension system under §308.2 of this title is entitled to the benefit provided by §864.009,Texas Government Code.     
      (i) For beneficiary designations made after September 1, 2015, a member who is married and designates a beneficiary other than his or her spouse must obtain written spousal consent for such beneficiary designation in a manner as determined by the pension system.     
      (j) Any death benefit that is payable to a dependent will be paid to the legal guardian of such dependent for the benefit of such dependent.     
     Source Note:        The provisions of this §308.4 adopted to be effective October 2, 2005, 30 TexReg 6062; amended to be effective August 26, 2007, 32 TexReg 5186; amended to be effective July 11, 2010, 35 TexReg 5899; amended to be effective April 16, 2012, 37 TexReg 2684; amended to be effective October 18, 2015, 40 TexReg 7103; amended to be effective March 29, 2018, 43 TexReg 1877; amended to be effective December 31, 2019, 44 TexReg 8333