(A) Service incurred death. A death benefit shall be payable in behalf of any member who is killed or dies as a direct result of an occurrence arising in the performance of service. The benefits shall be payable as follows:
(1) To the widow(er), until the earlier of death or remarriage, a monthly benefit equal to 50% of the member's earnings at the time of death.
(2) If there be no widow(er), the benefit shall be paid to the members surviving children, until the youngest child reaches the age of 18 years.
(3) Upon remarriage or death of the widow(er), the benefit shall be paid to the member's surviving children until the youngest child reaches the age of 18 years.
(B) Nonservice incurred death benefit for members eligible for early, normal, or delayed retirement benefit.
(1) A death benefit shall be payable on behalf of any member who at time of death is actively employed and who at such time is eligible for an early, normal, or delayed retirement benefit. The benefit shall be calculated as though the member had retired on his date of death.
(2) The benefit shall be as follows:
(a) If, at time of death, such member has a spouse, the benefit shall be determined and paid as a 50% joint and survivor annuity, the reduced benefit to be payable to the widow(er) until death or remarriage. Upon remarriage or death of the widow(er), the benefit shall be paid to or in behalf of the member's surviving children until the youngest child reaches the age of 18 years.
(b) If, at time of death, there is no spouse, the benefit shall be determined on a ten-year certain and life option basis. The benefit shall be paid to the member's surviving children, if any, until the youngest child reaches the age of 18 years. If there are no children under 18 years of age, the benefit shall be paid to such member's designated beneficiary, so that in any event the benefit is payable for a period of ten years certain.
(C) Additional provisions applicable to all preretirement death benefits.
(1) The manner of handling and administering the pension benefit to any child or children shall be determined by the Board, including the establishment of a trust for the benefit of said child or children. However, funds payable by the Board to any such trust shall be for maintenance, health, and education of said child or children during the period of existence of any such trust. No survivor pension shall be paid to any stepchild of a deceased member who had not been legally adopted by such member.
(2) For the purpose of benefits under this act, the date of death of any member shall be established as the end of the calendar month in which such member dies.
(D) Diseases of firefighters suffered in line of duty; presumption. The applicable section of the prior system shall apply to members of this supplemental system.
('72 Code, § 24-80(8)) (Ord. O-76-93, passed 12-1-76; Am. Ord. O-80-3, passed 1-2-80; Am. Ord. O-84-27, passed 6-6-84; Am. Ord. O-86-61, passed 12-3-86)