If no other death benefit financed in whole or in part by the metropolitan government
is available, then benefits shall be paid on the death of an employee caused by any
injury by accident arising out of and in the course of employment. The amount of the
payment shall be the sum of five thousand ($5,000) dollars, and payment shall begin
within sixty (60) days after death to the surviving spouse, and if no spouse, to the
next of kin without necessity for appointment of an executor or administrator. Determination
by the board as to who is entitled to payment of death benefits and the payments made
pursuant to such determination shall be final and conclusive. No payment shall be
made where the personal injuries resulting in death were due to the employee's willful
misconduct or intentional self-inflicted injury, or due to intoxication, or willful
failure or refusal to use a safety appliance or perform a duty required by law. No
payment shall be made in the case of death due to sickness or disease. The words "employee
of metropolitan government," as used in this section, shall not include any member
of a board or commission created by this Charter or pursuant to it, and shall not
include any contractor or employee of a contractor doing business with the metropolitan
government.
Written notice of personal injury shall be given to the board and to the mayor on
behalf of an employee within thirty (30) days after such personal injury was sustained.
In the event of claim for death benefit, the board shall make or cause to be made
a full investigation of the facts and shall determine, on the basis of written opinion
of the metropolitan attorney, whether the claim is legally and properly payable.
The death benefit payment of $5,000 shall be made as follows: The sum of five hundred
($500) dollars shall be paid at the time of the initial settlement, and the balance
shall be paid at the rate of one hundred ($100) dollars per month for forty-five (45)
consecutive months. Payments made pursuant to this section shall be free from the
claims of creditors and not subject to attachment, garnishment or other process of
law.
The provisions with respect to death benefits shall apply to all persons employed
by the metropolitan government, including the employees of all departments, boards
and commissions.
