Section 30510.2 - Conditions precedent; payments; withdrawal of contributions(a) In any city of the second class A, a surviving spouse of any active member of the police pension or retirement fund who:(1) At the time of his death was in active service with the city; and(2) Had elected to be governed by the provisions of this act; shall be entitled to survivorship benefits equal to fifty per centum of the pension which would have been payable to such active member had he retired at the date of his death: Provided, That such employe shall have been married to his spouse for not less than five years prior to the date of his death and that the spouse was dependent upon such deceased employe at the time of his death.
(b) Such surviving spouse shall be entitled to receive payments commencing the first day of the month next following the death of the deceased spouse and such payment shall continue to and terminate upon the death of such surviving spouse: Provided, however, That in the event that such surviving spouse shall remarry, the payment of the survivorship pension shall thereupon be terminated.(c) The word "pension" as used in this section shall be construed to mean the sum of the pension plus the amount of service increments, if any, to which the deceased member of the police pension or retirement fund would have been entitled had he retired upon the date of his death.(d) When any surviving spouse receives payments under the provisions of this section, such surviving spouse shall not be entitled to any withdrawal of contributions made into the police pension or retirement fund by the deceased employes, nor shall the estate of the deceased be entitled to a refund of said contributions.(e) Each surviving spouse at the time active members of the police force receive an increase in compensation, may receive an increase in their pension in an amount equal to twenty-five per centum of the increase granted to active members of the police force of the same rank as the deceased spouse when he retired from active service.1965, Nov. 10, P.L. 835, § 2. Amended 1967, Aug. 18, P.L. 248, § 1; Laws 1974, July 18, P.L. 468, No. 166, § 2.