(a) While in line of duty.
(1) If a group V firefighter dies before retirement while in line of duty and as a result of the performance of that group V firefighter’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 V firefighter’s standard pension, based on the number of years of credited service that would have accrued had the group V firefighter lived to the group V firefighter’s normal retirement date, but not less than $250.
(2) Each dependent child under 18 years of age of such group V firefighter 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 V firefighter’s pension, based on the number of years of credited service that would have accrued had the group V firefighter lived to the group V firefighter’s normal retirement date, but not less than $250.
(3) If a group V firefighter 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) or the surviving dependent parent, shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group V firefighter’s accrued pension projected to the group V firefighter’s normal retirement date, but not less than $250.
(4) The survivor’s monthly pension benefit for a group V firefighter who dies in line of duty shall be calculated using a multiplier of 3%.
(b) While not in line of duty.
(1) Vested group V firefighter who dies not in line of duty and whose survivor’s monthly pension begins prior to January 10, 2015.
a. If a vested group V firefighter dies before retirement, while not in line of duty, and the survivor monthly pension benefit begins prior to January 10, 2015, then the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group V firefighter’s accrued pension but not less than $150.
b. Each dependent child under 18 years of age of such vested group V firefighter 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 V firefighter’s accrued pension, but not less than $150.
c. If a vested group V firefighter dies while not in line of duty and leaves no widow or widower or children eligible to receive a benefit under this section, but is survived by a dependent parent or parents, such dependent parent(s) or the surviving dependent parent, shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group V firefighter’s accrued pension, but not less than $150.
d. For purposes of this subsection (b)(1), a group V firefighter’s accrued pension shall be calculated using a multiplier of 2.75%, unless the group V firefighter had reached the group V firefighter’s normal retirement date prior to death, in which event the multiplier shall be 3%.
(2) Vested group V firefighter who dies not in line of duty and whose survivor’s monthly pension begins on or after January 10, 2015.
a. If a vested group V firefighter dies before retirement, while not in line of duty, and the survivor pension begins on or after January 10, 2015, then the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group V firefighter’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 V firefighter’s compensation base as defined by § 2.5-63(a)(1) if hired and vested prior to October 23, 2007, or a specified percentage of the group V firefighter’s compensation base as defined by § 2.5-63(a)(2) if hired prior to January 10, 2015, and not vested by October 23, 2007, multiplied by the group V firefighter’s years of credited service from date of hire until January 9, 2015. For purposes of the preceding sentence, the specified percentage of the group V firefighter’s compensation base for credited service for this time period shall be 2.75%; and
2. A specified percentage of the group V firefighter’s compensation base as defined by § 2.5-63(b), multiplied by the group V firefighter’s years of credited service from January 10, 2015, until the date of death. For purposes of the preceding sentence, the specified percentage of the group V firefighter’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 V firefighter 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 V firefighter’s accrued pension, but not less than $150.
c. If a group V firefighter 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 V firefighter’s accrued pension, but not less than $150.
(3) Group V firefighter not vested at time of death. If a group V firefighter 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 V firefighter paid into the fund during the group V firefighter’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 V firefighter.
(c) After retirement.
(1) Upon the death of a group V firefighter, 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 V firefighter, provided that the group V firefighter and surviving widow or widower had been married for at least one year immediately prior to the group V firefighter’s retirement. Notwithstanding the preceding sentence, a surviving widow or widower who was not married to the deceased group V firefighter for at least one year immediately prior to the group V firefighter’s retirement shall be eligible to receive a monthly pension if the group V firefighter 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 V firefighter’s completion of two years of marriage to the group V firefighter’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 V firefighter’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 V firefighter’s reduced monthly pension.
(2) Upon the death of a group V firefighter who was not married at retirement, a beneficiary designated by a group V firefighter at retirement may be eligible to receive a monthly pension if the group V firefighter has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director. The group V firefighter’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 V firefighter’s election to receive a reduced monthly pension. If such an election has been made, the group V firefighter’s designated beneficiary shall receive a monthly pension for life equal to 100%, 75%, 50% or 25% of the group V firefighter’s reduced monthly pension. If a group V firefighter who was not married at retirement and who selected a designated beneficiary pursuant to this subsection later marries only the designated beneficiary would be entitled to receive a lifetime monthly pension.
(3) Each dependent child under 18 years of age of such deceased group V firefighter 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; provided, however, that if no surviving widow, widower or designated beneficiary shall be entitled to 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 pension being paid to the group V firefighter at the time of his or her death.
(d) Death of vested terminated group V firefighter prior to pension commencing. If a terminated group V firefighter entitled to a pension under the provisions of § 2.5-64 dies before the group V firefighter’s pension commences, the group V firefighter’s designated beneficiary, or if none, the group V firefighter’s estate shall receive an amount equal to the group V firefighter’s total contributions to the fund, plus regular interest. If the vested group V firefighter’s years of age and years of credited service total at least 65 as of the date of the group V firefighter’s termination, the group V firefighter’s eligible dependents shall receive the benefit specified under subsection (b) above, based on the pension to which the group V firefighter would have been entitled as of the date of the group V firefighter’s death, in lieu of the payment of contributions plus regular interest. If the group V firefighter’s years of age and credited service did not total at least 65 as of the date of the group V firefighter’s termination, the group V firefighter’s eligible dependents may choose between the refund of contributions, the payment of the survivor benefit at the date the group V firefighter would have been eligible to draw the benefit, or an immediate benefit at an actuarially reduced rate.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 21510-10-2014, § 2, passed 10-21-2014; Ord. 22977-10-2017, § 1, passed 10-24-2017)