§ 34.49 DEATH BENEFITS.
   (A)   Occupationally related death benefits.
      (1)   Upon death of a member due to occupational causes, regardless of length of service, his or her surviving widow shall be entitled immediately upon cessation of salary to an annuity equal to 50% of the member’s average rate of salary. The annuity shall be payable until the widow dies or remarries.
      (2)   If minor children of the member under age 18 survive the deceased member, the widow shall receive on account of each child, 10% of the member’s last rate of salary until each child attains age 18. The combined payments to a widow and minor child shall not exceed 70% of his or her average rate of salary.
      (3)   If a widow does not survive the member, or if he or she remarries, and minor children of the member under age 18 exist, each child is entitled to an annuity equal to 10% of the member’s last rate of salary until each child attains age 18, but the combined payments to such children shall not exceed 50% of the member’s average rate of salary.
      (4)   If neither a widow nor minor children eligible for benefits survive the member, each dependent parent is entitled to an annuity equal to 25% of the member’s last rate of salary or 50% to both parents.
   (B)   Non-occupational death benefit.
      (1)   Upon death of a member occurring while in service, arising from any cause other than in the performance of duty; provided, the member had at least ten years of total service, his or her widow shall receive an annuity equal to 1.5% of average salary for each year of total service, credited to the member, subject to the following conditions:
         (a)   The widow is at least 40 years of age, otherwise payment shall be deferred until he or she attains such age. If the widow is or becomes totally disabled before age 40, or has a minor child or children by the member in his or her care under age 18, including adopted children provided the proceedings for adoption were initiated at least one year prior to death of member, payment of the widow’s annuity shall begin immediately together with an additional allowance on account of the child or children.
         (b)   The widow’s annuity shall terminate in any event when the widow remarries.
         (c)   The annuity of each child or children shall continue until each child attains age 18.
      (2)   If the widow has any minor children by the member under age 18, the annuity to the widow shall be increased by one-half on account of the first child and by one-fourth on account of each additional child, subject to a maximum combined payment to the widow and children of 50% of the final rate of salary.
      (3)   The benefits provided under divisions (B)(1) and (B)(2) above shall also be payable upon death of the member while on retirement; provided, the marriage was in effect for at least one year before retirement.
   (C)   Active service death benefits when no annuity due. Upon the death of a member occurring while in active service, if no annuities are payable, the designated beneficiary to the member or his or her estate shall be entitled to a death benefit equal to the total contributions made by the member to the Fund, without interest or $300, whichever is greater.
   (D)   Retirement death benefits when no annuity due.
      (1)   Upon the death of a retired member, if no annuities shall be due or payable, a death benefit shall be paid to the designated beneficiary or estate of the member equal to the excess, if any, of the total contributions made by the member to this Fund to the date of retirement, without interest over the total annuity payments received by the member. The minimum payment in such case shall be $300.
      (2)   If any annuities are payable after the death of a retired member, the amount of such death benefit, if any, shall be determined upon termination of annuity payments to all survivors of the member, whether such termination occurs by death, remarriage, or other cause.
(1984 Code, § 34.64) (Ord. O-39-64, passed 7-23-1964; Ord. O-15-80, passed 2-19-1980)