321.2205  Surviving spouses' benefit options.--Notwithstanding any other provision in this chapter to the contrary, the following provisions shall apply to any member who has accumulated at least 10 years of service and dies:

(1)  If the deceased member's surviving spouse has previously received a refund of the member's contributions made to the Highway Patrol Pension Trust Fund, such spouse may pay to the Division of Retirement an amount equal to the sum of the amount of the deceased member's contributions previously refunded and interest at 3 percent compounded annually on the amount of such refunded contributions from the date of refund to the date of payment to the Division of Retirement, and receive the monthly retirement benefit provided in subsection (3).

(2)  If the deceased member's surviving spouse has not received a refund of the deceased member's contribution, such spouse shall, upon application to the Division of Retirement, receive the monthly retirement benefit provided in subsection (3).

(3)  The monthly benefit payable to the spouse described in subsection (1) or subsection (2) shall be the amount which would have been payable to the deceased member's spouse, assuming that the member had retired on the date of his or her death and had selected the option in s. 321.20 which would afford the surviving spouse the greatest amount of benefits, such benefit to be based on the ages of the spouse and member as of the date of death of the member. Such benefit shall commence on the first day of the month following the payment of the aforesaid amount to the Division of Retirement, if subsection (1) is applicable, or on the first day of the month following the receipt of the spouse's application by the Division of Retirement, if subsection (2) is applicable.