(a) Any firefighter member who continues in the employ of the City after he or she either has acquired 15 years of credited service, or has attained age 55 years and has ten or more years of credited service, may, prior to the date of his or her retirement, by written declaration duly executed and filed with the Board of Trustees, elect Option “B” provided in § 35-26, and nominate a beneficiary whom the Board finds to be dependent upon the member for at least 50% of his or her financial support, in the same manner as if he or she were then retiring pursuant to the provisions of the retirement plan. At any time prior to his or her retirement the firefighter member may revoke his or her election of Option “B” and the nomination of a beneficiary and he or she may prior to the date of his or her retirement again elect Option “B” and nominate a beneficiary as provided in this subsection. Upon the death of a firefighter member who has an Option “B” election provided in this subsection in force, his or her beneficiary shall immediately receive a pension computed according to § 35-24, in the same manner as if he or she had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained his or her voluntary retirement age. If a firefighter member has an Option “B” election in force at the time of his or her retirement, his or her election of Option “B” and nomination of beneficiary shall thereafter continue in force, unless within 60 days preceding the date of his or her retirement he or she elects to take his or her pension under Option “A” or “C” provided in § 35-26. No pension shall be paid under this subsection on account of the death of a firefighter member if any benefits are paid or payable under § 35-26 on account of his or her death.
(b) Any firefighter member who continues in the employ of the City after he or she either has acquired 15 years of credited service, or has attained age 55 years and has ten or more years of credited service, and in either case does not have an Option “B” election provided in subsection (a) of this section in force, and dies prior to this retirement, and leaves a widow, or in the case of a female member leaves a widower whom the Board of Trustees finds to be disabled to such an extent that he or she is dependent upon the female member for at least 50% of his or her financial support, the widow or widower shall receive a pension, computed according to § 35-32, in the same manner as if the member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained voluntary retirement age, elected Option “B” provided in § 35-26, and nominated his or her widow or widower as beneficiary. No pension shall be paid under this subsection on account of the death of a member if any benefits are paid or payable under § 35-32 on account of his or her death.
(Ord. 2314, passed 3-13-1972; Ord. 2558, passed 6-14-1976)