[§88-85.5] Accidental death claims. (a) An application for service-connected accidental death benefits may be filed with the board by or on behalf of the claimant as specified in sections 88-85 and 88-286. The application shall be filed no later than two years from the date of receipt of the written notification from the system.

(b) If a claim is filed, the system shall obtain the following:

(1) A copy of the employer's report of the accident submitted by the employer to the department of labor and industrial relations, workers' compensation division, and other reports relating to the accident;

(2) A certified statement from the head of the department in which the deceased member was employed, stating the date, time, and place of the accident, and the nature of the service being performed when the accident occurred. The statement shall also include an opinion as to whether or not the accident was the result of wilful negligence on the deceased member's part;

(3) A copy of the latest position description of the deceased member's duties and responsibilities;

(4) A certified copy of the death certificate; and

(5) A copy of an autopsy report, if performed.

(c) If the medical board certifies that the death was the natural and proximate result of an accident occurring at some definite time and place while the member was in the actual performance of duty, or that the death was due to the result of some occupational hazard, the board shall decide that the death was the result of an accident in the performance of duty and not caused by wilful negligence on the part of the member.

(d) Upon approval, benefits shall be paid effective the date the claim was filed with the system, in accordance with sections 88-85 and 88-286. [L 2000, c 215, §1]