DEB(LEGAL) - COMPENSATION AND BENEFITS: FRINGE BENEFITS
Duty Weapon and Badge
On the death of a peace officer employed by a district, the district shall provide, at no cost, the officer's duty weapon, if any, and badge to the officer's designated beneficiary or, if there is no designated beneficiary, to the officer's estate. A district shall provide peace officers with a form on which they may designate their beneficiaries for this purpose. If a district peace officer dies and is to be buried in the person's uniform, the district shall provide the uniform at no cost. Gov't Code 615.102–.103
The following provisions apply to a person employed by a district as a peace officer or in another position listed at Government Code 615.001 and who dies as a result of a personal injury, as defined at Government Code 615.021 and 615.072, sustained in the line of duty.
Notice to ERS
The surviving spouse and children of the deceased employee may be eligible for benefits under Government Code Chapter 615, Subchapter B. Not later than the 30th day after the date of the death of a peace officer or other covered employee that occurs in the performance of duties in the individual's position or as a result of an action that occurs while the individual is performing those duties, a district shall furnish proof of death to the Employees Retirement System (ERS). A district shall furnish any evidence and information required by ERS regardless of whether the district believes the individual's death satisfies eligibility requirements. If a district fails to furnish proof of death as required, the attorney general may use any means authorized by law, including filing suit for a writ of mandamus against the district, to compel compliance. Gov't Code 615.021, .041
Continuation of Health Insurance
The surviving spouse and any dependents of the deceased employee may be entitled to purchase or continue health insurance benefits through the district under Government Code Chapter 615, Subchapter D. A district shall provide written notice to an eligible survivor of the survivor's rights not later than the tenth day after the date of the employee's death. Not later than the 150th day after the employee's death, the district shall send a subsequent written notice by certified mail to any eligible survivor who has not already elected to purchase or continue coverage on or before that date.
If an eligible survivor is a minor child, the district shall also provide notice, at the same time, to the child's parent or guardian unless, after reasonable effort, the parent or guardian cannot be located.
Gov't Code 615.075