§ 33.041 PRE-RETIREMENT DEATH.
   (A)   Benefits for death in line of duty.
      (1)   Ten or more years of credited service. If any member having at least ten years of credited service shall lose his or her life prior to retirement as a direct result of the performance of his or her duties, his or her surviving spouse shall have the option of receiving, for life, either a monthly benefit equal to 50% of the member's compensation at the time of his or her death or the benefits otherwise payable to the member at the member's normal retirement date. If any member having at least ten years of credited service shall lose his or her life prior to retirement as a direct result of the performance of his or her duties and there is no surviving spouse, his or her beneficiary shall have the option of receiving, until death, either a monthly benefit equal to 50% of the member's compensation at the time of his or her death or the benefits otherwise payable to the member at the member's normal retirement date.
      (2)   Less than ten years of credited service. If any member having less than ten years of credited service shall lose his or her life prior to retirement as a direct result of the performance of his or her duties, his or her surviving spouse shall receive, for life, a monthly benefit equal to 50% of the member's compensation at the time of his or her death. If any member having less than ten years of credited service shall lose his or her life prior to retirement as a direct result of the performance of his or her duties and there is no surviving spouse, his or her beneficiary shall receive, until death, a monthly benefit equal to 50% of the member's compensation at the time of his or her death.
   (B)   Benefits for death not in line of duty. If any member with five or more years of credited service, prior to retirement, shall die from a condition that was not directly caused by the performance of his or her duties, his or her surviving spouse shall receive, until the earlier of the death or remarriage of such surviving spouse, a monthly benefit equal to 25% of the member's compensation at the time of his or her death.
   (C)   Minimum benefit. Notwithstanding anything contained in divisions (A) and (B) above to the contrary, if a member dies before being eligible for retirement or if payments provided for in divisions (A) and (B) above cease prior to the time when the surviving spouse or beneficiary has received an amount equal to the member's accumulated contributions, the member's beneficiary shall receive the accumulated contributions or the balance thereof. In no event shall the benefits provided in this section be less than the member's vested accrued benefit payable at the member's normal retirement date.
(Ord. O-2010-30, passed 7-21-10)