(a) Death benefit if no surviving spouse nor dependent children. If a member dies prior to the commencement of pension benefits, then his or her designated beneficiary shall be entitled to a refund of his or her accumulated member’s contributions with credited interest. If no beneficiary survives, then the refund is payable to the member’s estate.
(b) Pension benefit to surviving spouse and dependent children.
(1) If a member dies survived by a spouse or dependent children, after having become eligible to receive a pension benefit, (i.e., he or she was eligible because: (a) he or she was already receiving a pension; and (b) he or she met the age and service requirements, but he or she had not yet retired), then a monthly pension benefit shall be provided.
(2) The amount of the monthly pension benefit shall be 50% of the pension the member was receiving or would have been entitled to receive if he or she had been retired at the time of his or her death.
(3) In the event a member dies after completing 12 or more years of service but was not yet eligible for normal retirement or pre-retirement survivor benefits, the surviving spouse shall act on behalf of the member in selecting the alternative addressed in § 282.06(a). If a vested benefit is selected, the surviving spouse shall receive 50% of the member’s vested monthly benefit commencing on the first day of the month following the member’s normal retirement date.
(4) In the event a member dies after completing 20 or more years of service but was not yet eligible for normal retirement or pre-retirement survivor benefits, the surviving spouse shall act on behalf of the member in selecting the alternative addressed in § 282.04(b). If an early retirement benefit is selected, the surviving spouse shall receive 50% of the member’s monthly early retirement benefit commencing on the first day of the month following the election of this benefit.
(5) The monthly pension benefit is payable to the surviving spouse until death or then to surviving dependent children under the age of 18 years or if attending college, under or attaining the age of 23 years. Attending college shall mean the eligible children are registered at an accredited institution of higher learning and are carrying a minimum course load of seven credit hours per semester. Dependent children shall include adopted children, and any child conceived before the time of the member’s death and thereafter born to the member’s spouse.
(c) Pre-retirement survivor benefit. In the event a member is killed in service, the member’s family shall receive a pension calculated at 100% of the member’s salary at the time of death. It is understood that FAMILY shall refer to the surviving spouse and dependent children. The benefit is payable to the surviving spouse until death, then to the surviving dependent children under the age of 18 years, or if attending college, under or attaining the age of 23 years. The term dependent children and attending college shall be consistent with that of subsection (b) above.
(Ord. 839, passed 5-17-2006; Ord. 903, passed 6-27-2012)