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Section 47 Limitation on Retirement Benefits Other Than Service Pension No retirement benefit other than service pensions paid or payable to a member, former member or qualified successor of a member or former member may exceed in amount the total service pension calculated using the service pension amount specified herein and the years of service credited to the member or former member as of the date the member or former member became entitled to the retirement benefit or dies. The limitation provided in this Section shall be subject to any special legislation mandating service pension increase to retired members, or upon amendment of these Bylaws pursuant to permissive legislation. Section 48 Survivor May Apply for Benefits of Deceased Member Should any eligible member or former member die before making Application for service pension benefits and have qualified for a service pension pursuant to Section 42 herein except for the age requirement, or such member died while on active duty as a Firefighter, then Application for service pension benefits may be made by the Surviving Spouse, if any, who is otherwise qualified as required by these Bylaws, and thereupon said Surviving Spouse will be entitled to the monthly benefits payable hereunder as if such Application had been made by the deceased Pensionermember. If the Pensioner leaves no Surviving Spouse, application may be made on behalf of the Pensioner’s minor child or children, if any, and said minor children will be entitled pro rata to the monthly benefits payable hereunder as if Application had been made by the deceased Pensioner, and said benefits shall continue during said child or children’s minority. If there is no surviving spouse and there are no surviving children, the benefit shall be disbursed to the pensioner’s designated beneficiary and, if no beneficiary has been designated, the benefit will be paid as a death benefit to the estate if the deceased member was an active or deferred firefighter at the time of death. If there is no surviving spouse, the benefit shall be disbursed to the member’s surviving children. If there is no surviving spouse and there are no surviving children, the benefit shall be disbursed to the member’s designated beneficiary. If no beneficiary has been designated, the benefit shall be paid as a death benefit to the estate if the deceased member was an active or deferred firefighter at the time of death. The total survivor benefit amount payable to the designated beneficiary of a deceased member may not exceed one (1) monthly benefit distribution. If there are no surviving children, the member’s spouse may waive, in writing, wholly or partially, the spouse’s entitlement to a survivor’s benefit.