(a) If a member dies solely and exclusively as a result of a personal injury or disease arising out of and in the course of his or her employment by the City, or if a disability retirant, who retired under Section 296.14, dies within a period of three years following the effective date of his or her disability retirement or prior to his or her attainment of voluntary retirement age, whichever first occurs, as the result of the same injuries or disease for which he or she was retired, and if in either case such death or injury or disease resulting in death is found by the Retirement Board to have been the result of actual performance of duty in the service of the City, the applicable benefits provided for in subsections (b) through (e) hereof shall be paid, subject to subsection (f) hereof and Section 296.20.
(b) The accumulated contributions standing to the deceased person's credit in the Annuity Savings Fund shall be paid in accordance with Section 296.22.
(1979 Code Sec. 2.80.200)
(c) The spouse of the deceased person shall receive an annuity of one-third of the average final compensation, to continue during his or her life. If, in addition to a spouse, the deceased person leaves a child under eighteen years of age, such child shall receive an annuity of an equal share of one-fourth of the average final compensation. Upon a child's attainment of eighteen years of age, adoption, marriage or death prior thereto, his or her annuity shall terminate and the Board shall redistribute such one-fourth shares among the deceased person's remaining eligible children under eighteen years of age.
(d) If there is no spouse, or if the spouse dies before the youngest surviving child of the deceased person has attained eighteen years of age, then his or her child under eighteen years of age shall receive an annuity of one-fourth of the average final compensation. However, if there are more than two such surviving children under eighteen years, each such child shall receive an annuity of an equal share of one-half of the average final compensation. Upon a child's attainment of eighteen years of age, adoption, marriage or death prior thereto, his or her annuity shall terminate and the Board shall redistribute such one-half shares among the deceased person's remaining eligible children under eighteen years. In no case shall any child receive an annuity of more than one-fourth of the average final compensation.
(Res. 82-169. Passed 2-22-82.)
(e) If there is neither a spouse nor a child eligible to receive annuities surviving such deceased person, there shall be paid to his or her dependent father and dependent mother, as the Board, after investigation, finds to have been actually dependent upon such deceased person through absence of earning power, due to mental or physical disability, an annuity of one-sixth of the average final compensation.
(f) As used in this section, the term "spouse" means the person to whom such deceased person was married at the time of his or her last employment with the City. In no case shall benefits be paid under this section on account of the death of a member if benefits are paid under Section 296.19 on account of his or her death.
(1979 Code Sec. 2.80.200)