(a) Pension for Qualified Survivor.
(1) Tier 6 Plan Member's Service-Connected Death. The Qualified Survivor of a Tier 6 Plan Member who shall die by reason of injuries received or sickness caused by the discharge of his or her duties while a Department Member, shall be paid for life a monthly pension in an amount which shall be equal to 80% of the deceased Plan Member's Final Average Salary.
For the purposes of the benefit provided in this subsection (a)(1), a Tier 6 Plan Member has died by reason of injuries received or sickness caused by the discharge of his or her duties if there is clear and convincing evidence that the discharge of the Plan Member's duties were the predominant cause of his or her death.
(2) Tier 6 Plan Member's Nonservice-Connected Death. The Qualified Survivor of a Tier 6 Plan Member who shall have five or more Years of Service and who shall die while a Department Member, by reason of injuries or sickness other than injuries received or sickness caused by the discharge of his or her duties, shall be paid for life a monthly pension in an amount which shall be equal to 50% of the deceased Plan Member's Final Average Salary.
(3) Tier 6 Retired Plan Member's Death While on a Service Pension. The Qualified Survivor of a Retired Tier 6 Plan Member, who shall die while he or she is receiving a pension pursuant to Section 1705, shall be paid for life a monthly pension in an amount which shall be equal to 70% of the pension received by the deceased Retired Tier 6 Plan Member immediately preceding the date of his or her death. The benefit described in this subsection (a)(3) may be modified as provided in subsection (b) of this section.
(4) Tier 6 Retired Plan Member's Death While on a Service-Connected Disability Pension. The Qualified Survivor of a Retired Tier 6 Plan Member, who shall die while he or she is receiving a service-connected disability pension pursuant to Section 1706, shall be paid for life a monthly pension in an amount which shall be equal to 80% of the pension received by the deceased Retired Tier 6 Plan Member immediately preceding the date of his or her death, unless the death of the Retired Plan Member occurs within three years after the effective date of his or her pension and is due to service-connected causes, in which case, the Qualified Survivor shall receive, or in a case where an option has been elected pursuant to subsection (b) of this section, may elect to receive, 80% of the Retired Plan Member's Final Average Salary, as modified by the cost of living adjustments made pursuant to Section 1716 of this article since the date of retirement of the Retired Plan Member. The benefit described in this subsection (a)(4) may be modified as provided in subsection (b) of this section.
(5) Tier 6 Retired Plan Member's Death While on a Nonservice-Connected Disability Pension. The Qualified Survivor of a Retired Tier 6 Plan Member, who shall die while he or she is receiving a nonservice-connected disability pension pursuant to Section 1706, shall be paid for life a monthly pension in an amount which shall be equal to 70% of the pension received by the deceased Retired Plan Member immediately preceding the date of his or her death. The benefit described in this subsection (a)(5) may be modified as provided in subsection (b) of this section.
(6) Tier 6 Plan Member's Nonservice-Connected Death While on Military Leave. The Qualified Survivor of a Tier 6 Plan Member who, while on military leave, is killed as a result of the discharge of his or her military duties shall be paid for life, as a nonservice-connected survivor benefit, a monthly pension in an amount which shall be equal to 50% of the deceased Plan Member's Final Average Salary. This benefit shall be paid in lieu of any benefits that would otherwise be payable under subsections (a)(2), (a)(7) or (a)(8) of this section.
(7) Nonservice-Connected Death of Tier 6 Plan Member with Less than Five Years of Service. In the event the Tier 6 Plan Member died of nonservice-connected causes before having completed five years of Service, the Qualified Survivor of the deceased Plan Member, or his or her Minor or Dependent Children if there is no Qualified Survivor, or his or her Dependent Parents if there is no Qualified Survivor and no Minor or Dependent Children, shall be entitled to the Basic Death Benefit described in subsection (a)(8) below.
(8) Basic Death Benefit and Election. The Basic Death Benefit shall consist of: (1) the return of a deceased Tier 6 Plan Member's contributions to the Plan with accrued interest thereon; subject, however to the rights created by virtue of the Tier 6 Plan Member's designation of a beneficiary as otherwise provided in Tier 6; and (2) if the deceased Plan Member had at least one Year of Service, the deceased Plan Member's Final Average Salary multiplied by the number of completed Years of Service, not to exceed six years; provided that said amount shall be paid in monthly installments of one-half of the deceased Plan Member's Final Average Salary.
A Qualified Survivor, or a guardian acting on behalf of the Minor or Dependent Children of a deceased Tier 6 Plan Member if there is no Qualified Survivor, or Dependent Parents if there is no Qualified Survivor and no Minor or Dependent Children entitled to a pension pursuant to any of the provisions of this section, where benefits are based upon the Plan Member's death in active service, may in lieu of the pension provided and before the first payment of such pension, elect to receive the Basic Death Benefit.
(b) Optional Pensions for Qualified Survivor. At any time before the first payment of a service pension, a service-connected disability pension, or a nonservice-connected disability pension, the Tier 6 Plan Member may elect to receive, in lieu of his or her pension as provided in Section 1705 or Section 1706, the actuarial equivalent at that time of such pension and of the pension for the Qualified Survivor, as provided in subsection (a) of this section, by electing an optional pension payable throughout the balance of his or her life, with the provisions that upon his or her death such optional pension shall be continued to the Tier 6 Plan Member's Qualified Survivor in the proportional amount designated by the Plan Member at the time of election of the option provided by this section.
The amount of such optional pension shall be so calculated that the liability of the Fire and Police Pension Plan at the date of retirement under the optional pension shall be equal to the liability of the Fire and Police Pension Plan at the same date under the pension awarded in accordance with the provisions of Section 1705 or Section 1706 and of the survivorship pension provided by subsection (a) of this section. For the purpose of this section, the liability of the Fire and Police Pension Plan is defined as the present value, in accordance with tables adopted by the Board, of the pensions or optional pensions calculated by approved actuarial methods, and recommended by the Board's actuary. In determining the actuarial equivalent of the pension for a Qualified Survivor as provided pursuant to subsection (a)(4) of this section, the equivalent of a survivorship pension of 80% of the retiree's pension shall be used in all cases.
The optional amounts, calculated in accordance with the foregoing paragraph, shall provide a range of optional values such that the amount to be paid to the Qualified Survivor of the Plan Member shall range from 75% to 100% of the pension payable to the Tier 6 Plan Member, varying by increments of 5%.
If a Retired Tier 6 Plan Member, previously retired on a disability pension pursuant to the provisions of Section 1706, should be reinstated to active duty upon termination of his or her disability, the election to receive the optional pension as herein provided, shall be deemed cancelled as of the effective date of such reinstatement.
A Retired Tier 6 Plan Member, previously retired on a disability pension pursuant to the provisions of Section 1706, shall have the right to cancel any option previously elected by him or her pursuant to the provisions of this subsection in the event his or her pension is subsequently adjusted as provided for in Section 1706.
The Board shall by rule provide for a method in which the election to receive an optional pension shall be exercised.
(c) Additional Pension Amounts. Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die and leave surviving him or her, in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children of the deceased member and the Qualified Survivor, then such Qualified Survivor, shall be paid an additional monthly pension in an amount which shall be equal to 25% of the pension he or she as a Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination thereof, and 50% while there are three or more Minor Children or Dependent Children or a combination, and such additional monthly pension shall be the exclusive property of such Qualified Survivor and not the property of any such Minor Child or Dependent Child.
Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die and leave surviving him or her in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children who are not the child or children of the Qualified Survivor, then the guardian(s) or conservator(s), as appropriate, of the estate(s) of any such Minor Child or Children or Dependent Child or Children shall be paid a monthly pension in an amount which shall be equal to 25% of the pension the Qualified Survivor would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination, and 50% while there are three or more Minor Children or Dependent Children or a combination.
Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die and leave surviving him or her, in addition to a Qualified Survivor, a Minor Child or Children or a Dependent Child or Children of the deceased member and the Qualified Survivor and a Minor Child or Children or a Dependent Child or Children not the child or children of the Qualified Survivor, then a monthly pension shall be paid in an amount which shall be equal to 25% of the pension the Qualified Surviving Spouse would be entitled to pursuant to the provisions of subsection (a) of this section while there is one Minor Child or Dependent Child, 40% while there are two Minor Children or Dependent Children or a combination, and 50% while there are three or more Minor Children or Dependent Children or a combination. The amount of such monthly pension shall be divided by the number of Minor Children or Dependent Children and shall be adjusted accordingly whenever any Minor or Dependent Child shall cease to be such. The Qualified Survivor shall be paid the portion of such monthly pension which shall be applicable to the number of his or her Minor Children or Dependent Children and the same shall be her or his exclusive property. The guardian(s) or conservator(s), as appropriate, of the estate(s) of the Minor Children or Dependent Children who are not those of the Qualified Survivor shall be paid the portion of such monthly pension which shall be applicable to such Minor Children or Dependent Children and the same shall be the exclusive property of such children.
Any benefits provided in this subsection which are not the property of the Qualified Survivor, but are the property of the Minor Child or Dependent Child, shall not be required to be paid to a guardian or conservator of the Minor Child or Dependent Child if the Minor Child or Dependent Child is an adult who is capable of managing his or her financial affairs, in which case the benefits may be paid directly to such adult Minor Child or Dependent Child. Dependent Child benefits payable under this subsection may also be paid pursuant to the provisions of Charter Section 1238, if applicable.
The additional pension amounts provided in this subsection for persons other than a Qualified Survivor are to be calculated on the basis of the applicable Qualified Survivor pension provided pursuant to subsection (a) of this section, unmodified by any election that may previously have been made pursuant to the provisions of subsection (b) of this section.
Additional pension amounts are also subject to the limitation that the amount of any survivorship pension provided in this section, after the additional payments provided in this subsection are added thereto, may not exceed 100% of the Final Average Salary of the deceased Tier 6 Plan Member or 100% of the Final Average Salary of the deceased Retired Tier 6 Plan Member, as modified by the cost of living adjustments made pursuant to Section 1716 of this Tier 6 since the date of retirement of the Retired Plan Member. In case of such excess, any additional pension amounts shall be reduced to a level where the total amount of pension is equal to such maximum.
(d) Pension for Minor or Dependent Children. Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die without leaving a Qualified Survivor, the guardian or conservator, as applicable, of the estate(s) of his or her Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly pension equal to the pension a Qualified Survivor would have been eligible to receive pursuant to subsection (a) of this section had a Qualified Survivor survived such Member. Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die leaving a Qualified Survivor who thereafter shall die, the guardian or conservator, as applicable, of the estate(s) of his or her Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly pension equal to the pension a Qualified Survivor would have been eligible to receive pursuant to subsection (a) of this section. In any of the foregoing events and if there were to be more than one Minor or Dependent Child, an equal share of such monthly pension shall be paid for and on behalf of each such child to the guardian or conservator, as applicable, of his or her estate and shall be adjusted as each of them shall cease to be a Minor or Dependent Child in the manner set forth in subsection (c) of this section. If payments are made pursuant to this subsection (d), no additional pension amounts shall be paid pursuant to subsection (c) of this section. With regard to benefits payable to a Minor Child or Dependent Child who is an adult and capable of managing his or her financial affairs, the foregoing provisions requiring payment to a guardian or conservator of such child shall be disregarded and payment may be made directly to such adult child. Dependent Child benefits payable under this subsection may also be paid pursuant to the provisions of Charter Section 1238, if applicable.
(e) Pension for Dependent Parents. Whenever any Tier 6 Plan Member or Retired Tier 6 Plan Member shall die without leaving a Qualified Survivor or a Minor or Dependent Child, a monthly pension shall be paid to such Dependent Parents or to the survivor of them until each such Dependent Parent shall cease to be such. Any Dependent Parent who shall cease to be such but who thereafter again shall become unable to pay his or her necessary living expenses without a pension shall be entitled to have his or her pension reinstated.
The total amount of a pension payable to the Dependent Parents shall be the same as that to which a Qualified Survivor would have been entitled pursuant to subsection (a) of this section.
(f) Determinations With Respect to Cause of Death and Dependency. The Board shall have the same power as that which has been given to it by Section 1706(c) and (d) in order to determine:
(1) whether a Tier 6 Plan Member's death was service-connected or nonservice-connected for the purposes of Section 1708(a)(1) and (2);
(2) whether or not a child of a deceased Tier 6 Plan Member or Retired Tier 6 Plan Member is a Dependent Child; and
(3) whether or not any parent of a deceased Tier 6 Plan Member or Retired Tier 6 Plan Member is a Dependent Parent.
The Board also shall have the power to determine, from time to time, whether or not a child continues to be a Dependent Child, whether or not a parent continues to be a Dependent Parent and whether or not a Dependent Parent who had ceased to be such thereafter shall have become entitled to have his or her pension reinstated. The Board shall also have the power to determine whether an adult Minor Child or Dependent Child is capable of managing his or her own financial affairs.
(g) Medical Reports and Hearings. The power of the Board to determine whether a Tier 6 Plan Member's death was service-connected or nonservice-connected, as provided in subsection (f) of this section, hereafter may be exercised by it upon the basis of a written report from one regularly licensed and practicing physician selected by it but the Board, in its discretion, may obtain such a report from more than one such physician. The determination hereinbefore referred to in this subsection may, at the option of the Board, be made without a hearing being held pursuant to the provisions of subsection (f) of this section, provided that, should any decision made without a hearing being held adversely affect any person, such person may request and, upon such request, shall be granted a hearing before the Board at which such decision shall be reconsidered.
(h) Distribution of Contributions. Whenever a Tier 6 Plan Member dies prior to retirement without leaving a person or persons entitled to receive a pension pursuant to the provisions of this section, then, and in that event, his or her contributions to the Plan, together with such interest as may have been credited to the Tier 6 Plan Member's individual account shall be paid to such person as he or she shall have nominated by written designation duly executed and filed with the Board or, if there is no such designation, then to the Tier 6 Plan Member's surviving spouse or state-registered domestic partner, or, if none, then to the Tier 6 Plan Member's children, or, if no children, then to the Tier 6 Plan Member's parents. In the event there is no written designation of beneficiary, surviving spouse, state-registered domestic partner, children or parents, then the contributions shall be paid to the executor or administrator of the estate of such deceased Tier 6 Plan Member, or to any other person legally authorized to collect money due the decedent.
SECTION HISTORY
Added by Charter Amendment G § 1, approved March 8, 2011, effective April 8, 2011.
Amended by: Subsecs. (a)(3), (b), Charter Amendment SSS §§ 14, 15, approved November 8, 2016, effective December 15, 2016.