(a) While in line of duty.
(1) If a group VI firefighter dies before retirement while in line of duty and as a result of the performance of that group VI 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 VI firefighter’s pension, based on the number of years of credited service that would have accrued had the group VI firefighter lived to the group VI firefighter’s normal retirement date, but not less than $250.
(2) Each dependent child of such group VI firefighter 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 VI firefighter’s pension, based on the number of years of credited service that would have accrued had the group VI firefighter lived to the group VI firefighter’s normal retirement date, but not less than $250.
(3) If a group VI 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 VI firefighter’s accrued pension projected to his or her normal retirement date, but not less than $250.
(4) The survivor’s monthly pension benefit for a group VI firefighter who dies in line of duty shall be calculated using a multiplier of 2.5%.
(b) While not in line of duty.
(1) Vested group VI firefighter.
a. If a vested group VI firefighter dies before retirement, while not in line of duty, the surviving widow or widower shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group VI firefighter’
b. Each dependent child under 18 years of age of such vested group VI 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 VI firefighter’s accrued pension, but not less than $150.
c. If a group VI 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), or the surviving dependent parent, shall be entitled to receive a monthly pension, the amount of which shall be 75% of the group VI firefighter’s accrued pension, but not less than $150.
d. The survivor’s monthly pension benefit for a vested group VI firefighter who dies not in line of duty shall be calculated using a multiplier of 2.25%.
(2) Group VI firefighter not vested at time of death. If a group VI 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 VI firefighter paid into the fund during the group VI 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 VI firefighter.
(c) After retirement.
(1) Group VI firefighters who are married at retirement. The surviving spouse of a group VI firefighter who dies after retirement would be eligible to receive a monthly pension if the group VI firefighter elected to receive a reduced monthly pension prior to retirement, on a form and subject to procedures developed by the executive director of the fund. The group VI firefighter’s reduced monthly pension shall be determined in a manner that is actuarially neutral to the fund, based on actuarial tables in effect on the date of the group VI firefighter’s election to receive a reduced monthly pension. Notwithstanding the preceding, a surviving spouse who was not married to the deceased group VI firefighter at the time of his or her retirement shall be eligible to receive a monthly pension if the group VI 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 VI firefighter’s completion of two years of marriage to his or her 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 VI firefighter’s election to receive a reduced monthly pension. The group VI firefighter can elect for his or her surviving spouse to receive either 100%, 75%, 50% or 25% of the group VI firefighter’s reduced monthly pension.
(2) Group VI firefighters who are not married on date of retirement. Upon the death of a retired group VI firefighter, who was not married at retirement, a beneficiary designated by the group VI firefighter at retirement may be eligible to receive a monthly pension if the group VI firefighter has elected to receive a reduced monthly pension, on a form and subject to procedures developed by the executive director. The group VI 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 VI firefighter’s election to receive a reduced monthly pension. The group VI firefighter can elect for his or her designated beneficiary to receive either 100%, 75%, 50% or 25% of the group VI firefighter’s reduced monthly pension. If a group VI 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 retired deceased group VI 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 pursuant to the terms of this section.
(d) Death of vested terminated group VI firefighter prior to pension commencing. If a terminated group VI firefighter entitled to a pension dies before his or her pension commences, the group VI firefighter’s designated beneficiary, or if none, the group VI firefighter’s estate shall receive an amount
equal to the group VI firefighter’s total contributions to the fund, plus regular interest. If the vested group VI firefighter’s years of age and years and credited service total at least 65 as of the date of the group VI firefighter’s termination, the group VI firefighter’s eligible dependents shall receive the benefit specified under subsection (b) above, based on the pension to which the group VI firefighter would have been entitled as of the date of the group VI firefighter’s death, in lieu of the payment of contributions plus regular interest. If the group VI firefighter’s years of age and service did not total at least 65 as of the date of the group VI firefighter’s termination, the group VI firefighter’s eligible dependents may choose between the refund of contributions, the payment of the survivor benefit at the date the group VI firefighter 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 VI firefighter leaves no widow, widower, designated beneficiary, children or dependent parents eligible to receive a benefit hereunder, the group VI firefighter’s total contributions plus regular interest less any amount previously paid to him or her from the fund, shall be paid to the group VI firefighter’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 section, a parent will be deemed to be dependent if the group VI firefighter 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 VI firefighter’s total contributions over and above disability and/or death benefits paid, plus regular interest at date of death shall be paid to the firefighter’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 VI firefighters 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 VI firefighter’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. 21459-09-2014, § 2, passed 9-16-2014; Ord. 22977-10-2017, § 1, passed 10-24-2017)