(a) While in line of duty.
(1) If a group III member dies before retirement while in line of duty and as a result of the performance of that group III member’s duties, the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s pension, based on the number of years of credited service that would have accrued had the group III member lived to the group III member’s normal retirement date, but not less than $250.
(2) Each dependent child of such group III member under 18 years of age shall be entitled to receive a monthly pension, the amount of which shall be $100, provided however, that if no surviving widow or widower shall be entitled to receive a monthly pension pursuant to the terms of this section, all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group III member’s pension, based on the number of years of credited service that would have accrued had the group III member lived to the group III member’s normal retirement date, but not less than $250.
(3) If a group III member dies while in line of duty and leaves no widow or widower or children eligible to receive a benefit hereunder, but is survived by a dependent parent or parents, such dependent parent(s) shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension projected to the group III member’s normal retirement date, but not less than $250.
(4) The survivor’s monthly pension benefit for a group III member who dies in line of duty under this subsection (a) shall be calculated using a multiplier of 3%.
(b) While not in line of duty.
(1) Vested group III member who dies not in line of duty and whose survivor’s monthly pension begins prior to October 1, 2013.
a. If a vested group III member dies before retirement, while not in line of duty, and the survivor monthly pension benefit begins prior to October 1, 2013, then the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension but not less than $150.
b. Each dependent child under 18 years of age of such vested group III member shall be entitled to receive a monthly pension, the amount of which shall be $100, provided, however, that if no surviving widow or widower shall be entitled to receive a monthly pension pursuant to the terms of this subsection (b), all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension, but not less than $150.
c. If a vested group III member dies while not in line of duty and leaves no widow or widower or children eligible to receive a benefit under this subsection (b), but is survived by a dependent parent or parents, such dependent parent(s) shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension, projected to the group III member’s normal retirement date, but not less than $150.
d. For purposes of this subsection (b)(1), a group III member’s accrued pension shall be calculated using a multiplier of 2.75%, unless the group III member had reached the group III member normal retirement date prior to death, in which event the multiplier shall be 3.0%.
(2) Vested group III member who dies not in line of duty and whose survivor’s monthly pension begins on or after October 1, 2013.
a. If a vested group III member dies before retirement, while not in line of duty, and the survivor pension begins on or after October 1, 2013, then the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension but not less than $150. The accrued pension shall be calculated by adding the following:
1. A specified percentage of the group III member’s compensation base as defined by § 2.5-23(a)(1) for group III member’s hired and vested prior to October 23, 2007, or a specified percentage of the group III member’s compensation base as defined by § 2.5-23(a)(2) for group III members who were hired prior to January 1, 2013, and were not vested by October 23, 2007, multiplied by the group III member’s years of credited service from date of hire until September 30, 2013. For purposes of the preceding sentence, the specified percentage of the group III member’s compensation base for credited service for this time period shall be 2.75%; and
2. A specified percentage of the group III member’s compensation base as defined by § 2.5-23(b), multiplied by the group III member’s years of credited service from October 1, 2013, until the date of death. For purposes of the preceding sentence, the specified percentage of the group III member’s compensation base for credited service for this time period shall be 2.25%.
b. Each dependent child under 18 years of age of such vested group III member shall be entitled to receive a monthly pension, the amount of which shall be $100; provided, however, that if no surviving widow or widower shall be entitled to receive a monthly pension pursuant to the terms of this section, all such dependent children shall share equally a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension, but not less than $150.
c. If a group III member dies while not in line of duty and leaves no widow or widower or children eligible to receive a benefit hereunder, but is survived by a dependent parent or parents, such dependent parent(s) shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group III member’s accrued pension, but not less than $150.
(3) Group III member not vested at time of death. If a group III member was not vested on the date of death, the surviving widow or widower shall be entitled to the return of all contributions which the group III member paid into the fund during the group III member’s life plus regular interest thereon. If there is not a surviving widow or widower, the contributions shall be paid to the estate of the group III member.
(c) After retirement.
(1) Upon the death of a retired group III member. Upon the death of a retired group III member, the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the pension being paid to the group III member, provided that the group III member and surviving widow or widower had been married for at least one year immediately prior to the group III member’s retirement. Notwithstanding the preceding sentence, a surviving widow or widower who was not married to the deceased group III member for at least one year immediately prior to the group III member’s retirement shall be eligible to receive a monthly pension if the group III member has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director, within six months after the group III member’s completion of two years of marriage to the group III member’s spouse. The reduced monthly pension shall be actuarially determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group III member’s election to receive a reduced monthly pension. If such an election has been made, the surviving widow or widower shall receive a monthly pension for life equal to 75% of the group III member’s reduced monthly pension.
(2) Group III members who are not married on date of retirement. Upon the death of a retired group III member who was not married at retirement, a beneficiary designated by the group III member at retirement may be eligible to receive a monthly pension if the group III member has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director. The group III member’s reduced monthly pension shall be actuarially determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group III member’s election to receive a reduced monthly pension. The group III member can elect for his or her designated beneficiary to receive either 100%, 75%, 50% or 25% of the group III member’s reduced monthly pension. If a group III member who was not married at retirement and who selected a designated beneficiary pursuant to this section later marries only the designated beneficiary would be entitled to receive a lifetime monthly pension.
(3) Dependent children. Each dependent child under 18 years of age of such retired deceased group III member shall be entitled to receive a monthly pension, the amount of which shall be $100, but shall cease upon the earliest of such child’s death, marriage or attainment of age 18 pursuant to the terms of this article.
(d) Death of vested terminated group III member prior to pension commencing. If a terminated group III member entitled to a pension dies before the group III member’s pension commences, the group III member’s designated beneficiary, or if none, the group III member’s estate shall receive an amount equal to the group III member’s total contributions to the fund, plus regular interest. If the vested group III member’s years of age and years of credited service total at least 65 as of the date of the group III member’s termination, the group III member’s eligible dependents shall receive the benefit specified under subsection (b) above, based on the pension to which the group III member would have been entitled as of the date of the group III member’s death, in lieu of the payment of contributions plus regular interest. If the group III member’s years of age and service did not total at least 65 as of the date of the group III member’s termination, the group III member’s eligible dependents may choose between the refund of contributions, the payment of the survivor benefit at the date the group III member would have been eligible to draw the benefit, or an immediate benefit at an actuarially reduced rate.
(e) General provisions.
(1) If a deceased group III member leaves no widow, widower, designated beneficiary, children or dependent parents eligible to receive a benefit hereunder, the group III member’s total contributions plus regular interest less any amount previously paid to him or her from the fund, shall be paid to the group III member’s estate.
(2) Payments to a child shall be made whether or not a widow, widower or designated beneficiary survives and shall continue after the death of a widow, widower or designated beneficiary but shall cease upon the earliest of such child’s death, marriage or attainment of age 18. Payments to a dependent parent shall cease upon such parent’s death. For purposes of this division, a parent will be deemed to be dependent if the group III member provides over one half of the parent’s support. Payments to a widow, widower or designated beneficiary shall continue after remarriage, but shall cease upon the death of the widow, widower or designated beneficiary. Payments to a widow or widower forfeited due to remarriage, under prior provisions of this section will be reinstated upon written request by the widow or widower, but no retroactive payment can be made. After payments cease, any excess of the group III member’s total contributions over and above disability and/or death benefits paid, plus regular interest at date of death o shall be paid to the group III member’s estate.
(3) Except as provided in subsection (d) above, death benefit coverage during service breaks in excess of 90 consecutive calendar days shall be limited to group III members who are absent due to service-connected injury incurred while in line of duty.
(4) Benefits hereunder shall be payable on the first day of each month commencing with the month following the month in which the group III member’s death occurs. The board shall determine all questions of dependency, and its determination shall be final and conclusive on all parties. All unmarried, legitimate and legally adopted children under the age of 18 years, in the absence of determination to the contrary, shall be considered dependent.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 22977-10-2017, § 1, passed 10-24-2017)