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All benefits payable upon the death of a Public Safety Officer Member, Public Safety Officer Former Member, or Public Safety Officer Retired Member, as defined in Section 4.1001(a), shall be determined by this Section 4.1010.2, and the provisions of Sections 4.1010, 4.1010.1, 4.1011, 4.1012, 4.1013, 4.1014 and 4.1015, shall not apply. Notwithstanding anything to the contrary, no survivor allowance shall be paid under this Section 4.1010.2 to the extent it exceeds any limitations imposed by the Internal Revenue Code. The Board shall have the authority to adopt rules to implement this limitation.
(a) Definitions. As used in this section, the following words and phrases shall have the meaning ascribed to them in this subsection:
Accumulated Contributions. The total of the amounts paid into the Retirement Fund by the Public Safety Officer Member and any interest credited to the Member’s account.
Assignment Pay. Assignment Pay means any additional gross monthly pay which, by reason of assignment to perform special duties or hazardous duties, in a higher class, position, grade, code or other title than the lowest thereof within the Public Safety Officer Member’s permanent rank, shall be provided by ordinance or Memorandum of Understanding.
Dependent Child. Dependent Child means a person who is a child of a deceased Public Safety Officer Member or Public Safety Officer Retired Member, who, while under the age of 21 years, had become disabled, either prior to or after the date of death of such Member, from earning a livelihood for any cause or reason whatsoever. Such person shall be a Dependent Child only until they shall cease to be disabled from earning a livelihood. Should disability cease before the age of 22 years, the limitations set forth in Subsection (g) of this section shall be applicable.
Dependent Parent. Dependent Parent means a person who is a parent of a deceased Public Safety Officer Member or Public Safety Officer Retired Member and to or for whom such deceased Member, during at least one (1) year immediately preceding their death, contributed one-half or more of such Dependent Parent’s necessary living expenses and who is unable to pay such expenses without the receipt of an allowance. Such person shall be a Dependent Parent only until they shall be able to pay their necessary living expenses.
Eligible Surviving Domestic Partner. Eligible Surviving Domestic Partner means a person whose Declaration of Domestic Partnership with the Public Safety Officer Member was on file with the Board, as provided in Section 4.1009 of the Los Angeles Administrative Code, or whose domestic partnership with the Public Safety Officer Member was registered with the State of California, as authorized in Family Code Section 298.5, or who had established a legal union with the Public Safety Officer Member which was validly formed in another jurisdiction that is substantially equivalent to a domestic partnership, as provided in Family Code Section 299.2:
(1) for at least one (1) year prior to the date of the Public Safety Officer Member’s nonservice-connected death;
(2) on the date of the Public Safety Officer Member’s service-connected death;
(3) for at least one (1) year prior to the effective date of the Public Safety Officer Member’s retirement upon a nonservice- connected disability retirement;
(4) on the effective date of the Public Safety Officer Member’s service-connected disability retirement; or
(5) on the date of the Public Safety Officer Member’s nonservice-connected death while on military leave.
In addition, on the date of the Member’s death, this person must be the Domestic Partner of such Member.
Eligible Surviving Spouse. Eligible Surviving Spouse means a person who was married to the Public Safety Officer Member:
(1) for at least one (1) year prior to the date of their nonservice-connected death while a Public Safety Officer Member;
(2) on the date of the Public Safety Officer Member’s service-connected death;
(3) for at least one (1) year prior to the effective date of the Public Safety Officer Member’s retirement upon a nonservice- connected disability retirement;
(4) on the effective date of the Public Safety Officer Member’s service-connected disability retirement; or
(5) on the date of the Public Safety Officer Member’s nonservice-connected death while on military leave.
In addition, on the date of the Member’s death, the person must be the spouse of such Member.
Eligible Survivor. Eligible Survivor means a person who is either an Eligible Surviving Spouse or an Eligible Surviving Domestic Partner as defined in this subsection.
Final Compensation. Final Compensation means an amount equivalent to a monthly average of salary actually earned during any twelve (12) consecutive months of service as a Member of the Retirement System, as designated by the Member. In the absence of such designation, the last twelve (12) consecutive months preceding the date upon which retirement would become effective shall be used as the basis for the calculation of Final Compensation.
For the purposes of determining Final Compensation for periods during which the Member receives less than full salary on account of injury or illness, pursuant to any applicable ordinance of the City, the Final Compensation shall be based upon the salary, including, if applicable, any Length of Service Pay, Special Pay, Assignment Pay or Hazard Pay, the Member would have received but for the injury or illness.
Included in the calculation of Final Compensation shall be Length of Service Pay, Special Pay, Assignment Pay and Hazard Pay actually earned during the twelve (12) consecutive months used to determine Final Compensation.
For those Members who retire from the department wherein they were employed while holding a rank no higher than Lieutenant: If Hazard Pay was not earned during all or any part of the twelve (12) consecutive months used to determine Final Compensation, then an amount equivalent to 10% of the Hazard Pay earned at the time of the termination of the last assignment of hazardous duties for each year in the aggregate of the assignment to hazardous duties shall be added to the Final Compensation, not to exceed ten (10) years in the aggregate. The total amount of Hazard Pay included in Final Compensation may not exceed 100% of the amount the Member would have earned had they been entitled to Hazard Pay during the entire 12-month period utilized in the calculation of Final Compensation.
Overtime compensation or payments of money to the member not designated as salary by an ordinance or Memorandum of Understanding shall not be considered for purposes of calculating Final Compensation.
If a Member has not completed twelve (12) consecutive months of service, then and in that event only shall the Final Compensation be calculated as a monthly average of all consecutive calendar months completed, and, if the Member has completed less than one month of total service as a Member, the salary actually received shall be used to calculate its monthly equivalent.
Hazard Pay. Hazard Pay means any additional gross monthly pay which, by reason of assignment to perform helicopter duties, two-wheel motorcycle duties or any other hazardous duties, shall be provided by ordinance or Memorandum of Understanding.
Length of Service Pay. Length of Service Pay means any additional gross monthly pay which, by reason of length of service, shall be provided by ordinance or by Memorandum of Understanding.
Member. Member means Public Safety Officer Member, Public Safety Officer Retired Member, or Public Safety Officer Former Member, as appropriate.
Minor Child. Minor Child means a person who is a natural child or an adopted child of a deceased Public Safety Officer Member or Public Safety Officer Retired Member but such person shall be a Minor Child only until such person shall attain the age of 18 years or until they reach the age of 22 years if such person is enrolled in school on a full-time basis as determined by the Board. Entitlement to the benefits of a Minor Child shall terminate if such person marries prior to reaching the age limit(s) provided herein.
Special Pay. Special Pay means any additional gross monthly pay which, by reason of assignment to perform special duties other than hazardous duties, shall be provided by ordinance or Memorandum of Understanding.
Year. Year means a period of 12 months or, in aggregating partial years for purposes of determining Service, means 365 days.
(b) Benefits for Eligible Survivor.
(1) Member’s Service-Connected Death. The Eligible Survivor of a Public Safety Officer Member who shall die by reason of injuries received or sickness caused by the discharge of their duties while a Public Safety Officer Member, shall be paid for life a monthly allowance in an amount which shall be equal to 80% of the deceased Member’s Final Compensation.
For the purposes of the benefit provided in this Subsection (b)(1), a Public Safety Officer Member has died by reason of injuries received or sickness caused by the discharge of Public Safety Officer Member’s duties if there is clear and convincing evidence that the discharge of the Member’s duties was the predominant cause of their death.
(2) Member’s Nonservice-Connected Death. The Eligible Survivor of a Public Safety Officer Member who shall have five (5) or more years of Service and who shall die while a Public Safety Officer Member, by reason of injuries or sickness other than injuries received or sickness caused by the discharge of Public Safety Officer Member’s duties, shall be paid for life a monthly allowance in an amount which shall be equal to 50% of the deceased Member’s Final Compensation.
(3) Member’s Nonservice-Connected Death While on Military Leave. The Eligible Survivor of a Public Safety Officer Member who, while on military leave, is killed as a result of the discharge of the Public Safety Officer Member’s military duties, shall be paid for life, as a nonservice-connected survivor benefit, a monthly allowance in an amount which shall be equal to 50% of the deceased Member’s Final Compensation. This benefit shall be paid in lieu of any benefits that would otherwise be payable under Subsections (b)(2), (b)(4) or (b)(5) of this section.
(4) Nonservice-Connected Death of Member with Less than Five Years of Service. In the event a Member dies of nonservice-connected causes before having completed five years of Service, the Eligible Survivor of the deceased Public Safety Officer Member, or the Member’s Minor or Dependent Children if there is no Eligible Survivor, or the Member’s Dependent Parents if there is no Eligible Survivor and no Minor or Dependent Children, shall be entitled to the Basic Death Benefit described in Subsection (b)(5) below.
(5) Basic Death Benefit and Election. The Basic Death Benefit shall consist of: (1) the return of a deceased Member’s accumulated contributions to the Retirement System with accrued interest thereon, subject to the rights created by virtue of the Member’s designation of a beneficiary as otherwise provided in the Retirement System; and (2) if the deceased Member had at least one year of Service, the deceased Member’s Final Compensation 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 Member’s Final Compensation.
An Eligible Survivor, or a guardian acting on behalf of the Minor or Dependent Children of a deceased Public Safety Officer if there is no Eligible Survivor, or Dependent Parents if there is no Eligible Survivor and no Minor or Dependent Children entitled to an allowance pursuant to any of the provisions of this section, where benefits are based upon the Member’s death in active service, may elect to receive the Basic Death Benefit in lieu of the allowance provided and before the first payment of such allowance.
(6) Retired Member’s Death While on a Service-Connected Disability Retirement. In the event a Public Safety Officer Retired Member dies while they are receiving a service-connected disability allowance pursuant to Section 4.1008.2, the Eligible Survivor shall be paid for life a monthly allowance in an amount which shall be equal to 80% of the allowance received by the deceased Public Safety Officer Retired Member immediately preceding the date of the Public Safety Officer Retired Member’s death, unless the death of the Retired Member occurs within three (3) years after the effective date of their allowance and is due to service-connected causes, in which case, the Eligible Survivor shall receive, or in a case where an option has been elected pursuant to Subsection (c) of this section, may elect to receive, 80% of the Retired Member’s Final Compensation, as modified by the cost of living adjustments made pursuant to Section 4.1022. The benefit described in this Subsection (b)(6) may be modified as provided in Subsection (c) of this section.
(7) Retired Member’s Death While on a Nonservice-Connected Disability Retirement. In the event a Public Safety Officer Retired Member dies while they are receiving a nonservice-connected disability allowance pursuant to Section 4.1008.2, the Eligible Survivor shall be paid for life a monthly allowance in an amount which shall be equal to 70% of the allowance received by the deceased Retired Member immediately preceding the date of the Public Safety Officer Retired Member’s death. The benefit described in this Subsection (b)(7) may be modified as provided in Subsection (c) of this section.
(c) Optional Allowances for Eligible Survivor. At any time before the first payment of a service retirement allowance, a service-connected disability allowance or a nonservice-connected disability allowance, the Member may elect to receive, in lieu of their allowance as provided in Section 4.1007 (Service) or Section 4.1008.2 (Disability), the actuarial equivalent at that time of such allowance and of the allowance for the Eligible Survivor, as provided in Subsection (b) of this section, by electing an optional allowance payable throughout the balance of their life, with the proviso that upon their death such optional allowance shall be continued to the Member’s Eligible Survivor in the proportional amount designated by the Member at the time of election of the option provided by this section.
The amount of such optional allowance shall be so calculated that the liability of LACERS at the date of retirement under the optional allowance shall be equal to the liability of LACERS at the same date under the allowance awarded in accordance with the provisions of Section 4.1007 (Service) or Section 4.1008.2 (Disability) and of the survivorship allowance provided by Subsection (b) of this section. For the purpose of this section, the liability of LACERS is defined as the present value, in accordance with tables adopted by the Board, of the allowances or optional allowances calculated by approved actuarial methods, and recommended by the Retirement System’s actuary. In determining the actuarial equivalent of the allowance for an Eligible Survivor as provided pursuant to Subsection (b)(6) of this section, the equivalent of a survivorship allowance of 80% of the Retired Member’s allowance shall be used in all cases.
The optional amounts, calculated in accordance with the foregoing subsection, shall provide a range of optional values such that the amount to be paid to the Eligible Survivor shall range from 75% to 100% of the allowance payable to the Member.
If a Public Safety Officer Retired Member, previously retired pursuant to the provisions of Section 4.1008.2, is reinstated to active duty upon termination of Public Safety Officer Retired Member’s disability, the election to receive the optional allowance as herein provided shall be deemed cancelled as of the effective date of such reinstatement.
A Public Safety Officer Retired Member, previously retired on a disability allowance pursuant to the provisions of Section 4.1008.2, shall have the right to cancel any option previously elected by them pursuant to the provisions of this subsection in the event their allowance is subsequently adjusted as provided for in Section 4.1008.2.
(d) Additional Allowance Amounts for Additional Beneficiaries. Whenever any Public Safety Officer Member or Public Safety Officer Retired Member shall die and leave surviving them, in addition to an Eligible Survivor, a Minor Child or Children or a Dependent Child or Children of the deceased Member and the Eligible Survivor, then such Eligible Survivor shall be paid an additional monthly allowance in an amount which shall be equal to 25% of the allowance they as an Eligible Survivor would be entitled to receive pursuant to the provisions of Subsection (b) 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, and such additional monthly allowance shall be the exclusive property of such Eligible Survivor and not the property of any such Minor Child or Dependent Child.
Whenever any Public Safety Officer Member or Public Safety Officer Retired Member dies and leaves surviving them in addition to an Eligible Survivor, a Minor Child or Children or a Dependent Child or Children who are not the child or children of the Eligible 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 allowance in an amount which shall be equal to 25% of the allowance the Eligible Survivor would be entitled to pursuant to the provisions of Subsection (b) 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 Public Safety Officer Member or Public Safety Officer Retired Member dies and leaves surviving them, in addition to an Eligible Survivor, a Minor Child or Children or a Dependent Child or Children of the deceased Member and the Eligible Survivor and a Minor Child or Children or a Dependent Child or Children not the child or children of the Eligible Survivor, then a monthly allowance shall be paid in an amount which shall be equal to 25% of the allowance the Eligible Surviving Spouse would be entitled to pursuant to the provisions of Subsection (b) 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 allowance shall be divided by the number of Minor Children or Dependent Children and shall be adjusted accordingly whenever any Minor or Dependent Child ceases to be such. The Eligible Survivor shall be paid the portion of such monthly allowance which shall be applicable to the number of Public Safety Officer Member’s or Public Safety Officer Retired Member’s Minor Children or Dependent Children and the same shall be their 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 Eligible Survivor shall be paid the portion of such monthly allowance which shall be applicable to such Minor Children or Dependent Children and the same shall be the exclusive property of such children.
If a Minor Child or Dependent Child is an adult who is capable of managing their financial affairs, the Board is not required to pay the guardian or conservator of the Minor Child or Dependent Child any benefits provided in this subsection, which are not the property of the Eligible Survivor but are the property of the Minor Child or Dependent Child. Dependent Child benefits payable under this subsection shall be paid pursuant to the provisions of Charter Section 1238, if applicable.
The additional allowance amounts provided in this subsection for persons other than an Eligible Survivor are to be calculated on the basis of the applicable Eligible Survivor allowance provided pursuant to Subsection (b) of this section, unmodified by any election that may have been made previously pursuant to the provisions of Subsection (c) of this section.
Additional allowance amounts are also subject to the limitation that the amount of any survivorship allowance provided in this section, after the additional payments provided in this subsection are added thereto, may not exceed 100% of the Final Compensation of the deceased Public Safety Officer Member or 100% of the Final Compensation of the deceased Retired Public Safety Officer Member, as modified by the cost of living adjustments made pursuant to Section 4.1022 since the date of retirement of the Public Safety Officer Retired Member. In case of excess, any additional allowance amounts shall be reduced to a level where the total amount of allowance is equal to such maximum.
(e) Allowance for Minor or Dependent Children Where Member Had No Eligible Survivor. Whenever any Public Safety Officer Member or Public Safety Officer Retired Member dies without leaving a Eligible Survivor, the guardian or conservator, as applicable, of the estate(s) of their Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly allowance equal to the allowance an Eligible Survivor would have been eligible to receive pursuant to Subsection (b) of this section had an Eligible Survivor survived such Member. Whenever any Public Safety Officer Member or Retired Public Safety Officer Member shall die leaving an Eligible Survivor who thereafter shall die, the guardian or conservator, as applicable, of the estate(s) of their Minor or Dependent Children shall be paid, until each such child shall cease to be a Minor or Dependent Child, a monthly allowance equal to the allowance an Eligible Survivor would have been eligible to receive pursuant to Subsection (b) 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 allowance shall be paid for and on behalf of each such child to the guardian or conservator, as applicable, of the Public Safety Officer Member’s or Public Safety Officer Retired Member’s 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 (d) of this section. If payments are made pursuant to this Subsection (e), no additional allowance amounts shall be paid pursuant to Subsection (d) of this section. With regard to benefits payable to a Minor Child or Dependent Child who is an adult and capable of managing their 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 shall be paid pursuant to the provisions of Charter Section 1238, if applicable.
(f) Allowance for Dependent Parents Where Member Had No Eligible Survivor. Whenever any Public Safety Officer Member or Public Safety Officer Retired Member shall die without leaving an Eligible Survivor or a Minor or Dependent Child, a monthly allowance 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 ceases to be such, but who thereafter again shall become unable to pay their necessary living expenses without an allowance, shall be entitled to have their allowance reinstated.
The total amount of an allowance payable to the Dependent Parents shall be the same as that to which an Eligible Survivor would have been entitled pursuant to Subsection (b) of this section.
(g) 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 4.1008.2(d) and (f) in order to determine:
(1) whether a Public Safety Officer Member’s death was service-connected or nonservice-connected for the purposes of Section 4.1010.2(b)(1) and (2);
(2) whether or not a child of a deceased Public Safety Officer Member or Public Safety Officer Retired Member is a Dependent Child; and
(3) whether or not any parent of a deceased Public Safety Officer Member or Public Safety Officer Retired 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 their allowance reinstated. The Board also shall have the power to determine whether a Minor Child or Dependent Child is an adult and capable of managing their financial affairs.
(h) Medical Reports and Hearings. The power of the Board to determine whether a Public Safety Officer Member’s death was service-connected or nonservice- connected, as provided in Subsection (g) 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. This determination may, at the option of the Board, be made without a hearing being held pursuant to the provisions of Subsection (g) 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.
(i) Distribution of Contributions. Whenever a Public Safety Officer Member or Public Safety Officer Former Member dies prior to retirement without leaving a person or persons entitled to receive an allowance pursuant to Subsections (b), (c), (d), (e), or (f) of this section, then, and in that event, the Member’s Accumulated Contributions shall be paid to such person or legal entity as the Member shall have nominated by written designation duly executed and filed with the Board; or, if there is no such designation, then to the Public Safety Officer Member’s or Public Safety Officer Retired Member’s surviving spouse or surviving Domestic Partner; or, if none, then to the Public Safety Officer Member’s or Public Safety Officer Retired Member’s children; or, if no children, then to the Public Safety Officer Member’s or Public Safety Officer Retired Member’s parents. In the event there is no written designation of beneficiary, surviving spouse or surviving Domestic Partner, children or parents, then the contributions shall be paid to the executor or administrator of the estate of such deceased Public Safety Officer Member or Public Safety Officer Former Member or to any other person or legal entity legally authorized to collect money due the decedent.
(j) Burial Allowance. Upon the death of every Public Safety Officer Retired Member, the sum of $2,500.00 shall be paid to such person or legal entity as the Public Safety Officer Retired Member shall have nominated by written designation, duly executed and filed with the Board of Administration; or to the Eligible Survivor of such deceased Public Safety Officer Retired Member, in the event there be no designated beneficiary; or to Public Safety Officer Retired Member’s child or children, in the event there be no designated beneficiary or Eligible Survivor, provided that such payment shall be made only after satisfactory evidence has been presented to the Board showing that the expense of burial of the decedent has been paid or that the obligation to pay therefor has been assumed by a person or persons or an organization legally capable of contracting such obligation. The fact of burial, as evidenced by a certified copy of the death certificate, shall be sufficient evidence of compliance with the requirements stated in the foregoing sentence. While the purpose of this benefit is to provide a funeral allowance for the deceased retiree, the Retirement System shall have no responsibility to assure that this payment is used for that purpose.
In the event there be no designated beneficiary, Eligible Survivor, or child or children, or in the event the requirements herein stated with respect to the expense of burial of such Public Safety Officer Retired Member have not been complied with within such time as the Board, in its discretion, may determine, then the payment of the amount specified in this subsection shall be paid to the executor or administrator of the estate of such decedent, or to any other person or legal entity legally authorized to receive money due said decedent.
(k) Reversion of Unclaimed Contributions to the Retirement Fund. The right to the payments set forth in this section is a vested property right of the person(s) entitled to such payment; provided, however, that should the person(s) entitled thereto fail to claim this benefit within ten (10) years from the date of such death, the funds shall revert to the Retirement Fund, unless and until, the Board of Administration receives a valid belated claim for payment, determined at the sole discretion of the Board of Administration. Any death benefit payable shall be subject to mandatory minimum distribution as required by the Internal Revenue Code, provided that the funds that are required to be distributed shall revert to the Retirement Fund if the person(s) entitled to the funds refuses to cooperate in electing to be paid such funds or cannot be located and the Retirement System has followed Internal Revenue Service procedures to locate such person(s).
(l) Survivor Benefit Purchase Program for Public Safety Officer Retired Members. A Public Safety Officer Retired Member may elect, after retirement, to provide a survivor benefit to a spouse or Domestic Partner subject to the following:
(1) Member to Pay Full Cost. The Public Safety Officer Retired Member shall pay the full actuarially determined cost of the survivor benefit through an actuarial reduction in their monthly retirement benefit.
(2) Vesting Requirement. The right to benefits under this program shall not vest until the Public Safety Retired Member survives at least one (1) year from the date the Public Safety Officer Retired Member makes an election to provide this benefit, unless the Board shall determine by a preponderance of the evidence that the Public Safety Officer Retired Member’s death was accidental.
If the right to benefits has not vested before the date of the Public Safety Officer Retired Member’s death and the accidental death exception does not apply, then no survivor benefit shall be provided by the Retirement System and the amount by which the Public Safety Officer Retired Member’s monthly retirement benefits were reduced after making this election shall be paid as a lump sum to the spouse or Domestic Partner, provided that if the spouse or Domestic Partner has predeceased the Member, the lump sum shall be paid to the Member’s estate.
(3) Only One Election Allowed. In order to minimize administrative costs to the Retirement System, a Public Safety Officer Retired Member may exercise this election only once. The Public Safety Officer Retired Member’s election shall not apply to any interest in their pension benefit awarded by the court to another person, but only to the interest retained by the Public Safety Officer Retired Member. The election may be made only to provide a benefit for a spouse or Domestic Partner who is not already qualified to receive a benefit from the Retirement System upon the Public Safety Officer Retired Member’s death. For purposes of this section, a domestic partnership must either be filed with the Retirement System or the California Secretary of State or be recognized as a valid domestic partnership in this state based upon the provisions of Section 299.2 of the Family Code or any successor provisions.
(4) Irrevocable Election. Once an election is made, it is irrevocable. The Public Safety Officer Retired Member’s monthly retirement benefits will be permanently reduced and will not increase if the spouse or Domestic Partner predeceases the Public Safety Officer Retired Member or if their marriage or domestic partnership is otherwise terminated.
(5) Survivor Benefit. The benefit authorized by this Section consists of a percentage continuation of the Public Safety Officer Retired Member’s monthly retirement benefit payable to the surviving spouse or Domestic Partner of the Member for the survivor’s lifetime. In order to be eligible to receive the survivor benefit provided by this Section, the survivor must be either the spouse or Domestic Partner of the Member at the time the Member elected to provide this benefit and at the time of the Member’s death. A survivor receiving a benefit under this section shall not be eligible for a health subsidy from the Retirement System. The payment of a survivor benefit provided by this section does not impact the payment of other survivor benefits from the Retirement System.
(6) Payment Options. The Public Safety Officer Retired Member shall select the percentage of continuance that they desire to fund from the options provided by the Retirement System. These options shall be established by Board rule and shall provide a reasonable range of choices, subject to any limitations imposed by federal law. If no continuance is payable based on the provisions of Subdivision (2), then the amount paid by the Public Safety Officer Retired Member as a reduction in their monthly retirement benefit shall be refunded as provided therein.
(7) Right to Review, Modify and Terminate the Program. The City’s right to review the program, as provided below, may not be exercised more often than every five (5) years.
To initiate a review, the City Administrative Officer (CAO) shall request the Retirement System to provide data relevant to the program’s costs. If the CAO so requests after reviewing the data provided, an actuarial report shall be obtained. As part of this review, the City Council shall have the authority, by ordinance, to enact modifications to the program necessary to maintain cost neutrality or to terminate the program if the program cannot be modified to maintain cost neutrality.
If the program is modified, the modifications shall not apply to Public Safety Officer Retired Members who elected this benefit before the effective date of the modifications. If the program is terminated, the Retirement System shall continue to administer the program for all Public Safety Officer Retired Members who elected benefits under the program prior to the termination date, but shall not allow Public Safety Officer Retired Members to elect benefits under the program after the termination date.
(8) Board’s Authority to Adopt Rules and Administer the Program. The Board shall administer this program and adopt any necessary rules, including the authority to establish any mortality assumptions required for the administration of the program.
SECTION HISTORY
Added by Ord. No. 187,923, Eff. 7-9-23.
(a) Definitions. As used in this section, the following words and phrases shall have the meaning ascribed to them in this paragraph:
Duty Related Death shall mean the death of a member caused by illness or injury, either of which arose out of the performance of the member’s duties as an employee of the City of Los Angeles.
Non-Duty Related Death shall mean a member’s death which occurred due to illness or injury not arising out of the member’s performance of the member’s duties as an employee of the City of Los Angeles.
Eligible Surviving Spouse shall mean the person who was married to the member at the time of the member’s death and who is entitled to be paid, against the claims or demands of any and all other persons thereto, the full amount of such member’s accumulated contributions.
Eligible Surviving Domestic Partner shall mean the person who was the domestic partner of the member at the time of the member’s death and who is entitled to be paid, against the claims or demands of any and all other persons thereto, the full amount of such member’s accumulated contributions.
Eligible Survivor shall refer to a person who is either an Eligible Surviving Spouse or Eligible Surviving Domestic Partner, as defined in this subsection.
(b) Duty Related Death of a Member Who Does Not Have Five (5) Years of Continuous Service. If a member, who at the time of a Duty Related Death was not eligible for a disability retirement allowance pursuant to the provisions of Section 4.1008, leaves an eligible survivor, the latter may elect to receive a monthly allowance equal to the disability retirement allowance benefit the member would have received, as provided in Section 4.1008, had the member completed five (5) years of continuous service and had the member been eligible for a disability retirement and had retired under a disability retirement on the day preceding the date of death and elected to receive the benefit as computed under the provisions of Section 4.1015(a)(1). In the event the member had completed less than twelve (12) months of service, the salary for the missing months shall be at the rate for the first month of service to arrive at the compensation earnable.
(c) Death of a Member Who Has Five (5) or More Years of Continuous Service. If, at the time of a Duty Related Death or Non-Duty Related Death, a member would have been eligible to receive a disability retirement allowance pursuant to Section 4.1008 and leaves an eligible survivor, the latter may elect to receive a monthly allowance equal to the amount the deceased member would have been entitled to if the member had been so retired on the day preceding the member’s death and elected to provide a continuing benefit under the provisions of Section 4.1015(a)(1).
(d) Calculation of Disability Survivorship Allowance. The one hundred percent (100%) disability survivorship allowance provided in Subsections (b) and (c) herein shall consist of an annuity based upon the eligible survivor’s age and the member’s total accumulated contributions, calculated in accordance with approved actuarial methods, supplemented by a pension to equal the remainder of the allowance so computed.
(e) Consequences of Election to Receive a Disability Survivorship Allowance. An eligible survivor who elects to receive the one hundred percent (100%) disability survivorship allowance hereinabove provided in Subsections (b) and (c), by making this election shall waive their rights under Section 4.1010 to payment of a limited pension and to payment of all the member’s accumulated contributions and shall receive the benefits provided in this section in lieu thereof. Said eligible survivor shall also receive the benefits provided under the Family Death Benefit Plan, established in Section 4.1090, if said eligible survivor would otherwise have been entitled thereto.
(f) Election to Wait and Receive a Continuance of the Member’s Service Retirement Allowance (Member Not Eligible for Retirement). If a member had completed five (5) or more years of continuous service with the City, but was not eligible to retire on a service retirement allowance on the date of the member’s death, the eligible survivor shall have the option of electing to wait until such time as the member would have been entitled to receive a service retirement allowance pursuant to the provisions of Section 4.1006, and shall then receive a retirement allowance equal to that which the member would have received had the member retired under the provisions of Section 4.1015(a)(1) on the day first eligible to receive such benefit. An eligible survivor who elects to wait and to receive the allowance provided herein shall have no rights under the provisions of Sections 4.1010(a); the benefits payable under this provision are provided in lieu of the payment of the member’s accumulated contributions and the limited pension provided in Section 4.1010(a). However, if an eligible survivor would otherwise have been entitled to the benefits provided under the Family Death Benefit Plan, an eligible survivor who exercises the option provided in this subsection shall receive the benefits provided in Section 4.1090, but only until such time as the optional benefit provided in this subsection shall become payable, at which time the eligible survivor’s entitlement to benefits under Section 4.1090 shall cease.
(g) Election to Receive a Continuance of the Member’s Service Retirement Allowance (Member Eligible for Retirement). If a member was eligible to retire on a service retirement allowance on the date of the member’s death, Section 4.1010(a)(3) provides an optional retirement benefit for persons who otherwise qualify for said benefit.
(h) Election Under This Section Waives All Rights to Benefits Provided in Section 4.1010. The election by an eligible survivor to receive an allowance under the provisions of this section constitutes and includes a complete waiver of all rights the eligible survivor may have under Section 4.1010, including the right to payment of all the member’s accumulated contributions, both regular contributions and survivor contributions, as well as a waiver of the payment of the limited pension.
(i) Board Authority. The Board of Administration, with respect to the determination of whether death of a member was attributable to Duty Related causes or Non-Duty Related causes, shall have the power to make such determination based upon such evidence as may be presented to it.
SECTION HISTORY
Added by Ord. No. 182,629, Eff. 7-25-13.
All current and former members of the Retirement System who are not entitled to credit for service rendered prior to July 1, 1965, shall, at the time of retirement, whether for service or disability, be eligible for the benefit provided in this section, provided they have an eligible survivor as defined in this section. Should any current, former or retired members be entitled to credit for service rendered prior to July 1, 1965, the rights of their survivors shall not be governed by this section, except as otherwise provided in Section 4.1013.
(a) Definitions. For purposes of this section, the following words and phrases are defined as follows:
Eligible Survivor shall include the following:
(1) The spouse of a retired member to whom such member is married at time of retirement and has been so married for at least one (1) year prior thereto, and further provided that said spouse is either the surviving spouse or surviving domestic partner of the retired member at the time of the member’s death.
(2) The domestic partner of a retired member provided that at the time of the member’s retirement their domestic partnership had been established for at least one (1) year, and further provided that said domestic partner is either the surviving domestic partner or surviving spouse of the retired member at the time of the member’s death.
Member shall only include a member who is not entitled to credit for service rendered prior to July 1, 1965, unless a member with pre-July 1, 1965 service, or such member’s eligible survivor, shall exercise the election provided in Sec. 4.1013(b) and pay the required survivor contributions.
Joint and Survivor Cash Refund Annuity shall mean an annuity which shall be the actuarial equivalent of the member’s total accumulated contributions providing for equal monthly payments during the lifetime of such member and the eligible survivor, with payment of any unused contributions, as defined in Section 4.1010(c)(2), upon the death of the last survivor as provided in that provision, calculated in accordance with approved actuarial methods as of the date of retirement.
(b) Survivor Contributions. Every member shall contribute by salary deduction at the rate of contribution established elsewhere in this Article on account of the benefit provided by this section. Said contributions shall be known and designated as survivor contributions and are in addition to the member’s normal contributions.
(c) Retirement with Eligible Survivor. Upon the retirement of a member having an eligible survivor, other than one selecting one of the options available under Section 4.1015, the annuity portion of such member’s retirement allowance shall be calculated as a joint and survivor cash refund annuity, and the amount of pension payable during the member’s lifetime shall be the excess of the member’s unmodified retirement allowance over such joint and survivor cash refund annuity.
Upon the death of a member survived by an eligible survivor, there shall be continued to such survivor a retirement allowance which shall consist of:
(1) The joint and survivor cash refund annuity paid during the member’s lifetime; and
(2) A pension amount payable during the lifetime of the eligible survivor, which shall be the excess of one-half (1/2) of the unmodified allowance over said joint and survivor cash refund annuity.
(d) Retirement with No Eligible Survivor. Upon the retirement of a member having no eligible survivor at the time of retirement, the annuity portion of such member’s retirement allowance shall be calculated on the basis of the member’s normal accumulated contributions as opposed to the sum of the normal contributions and the survivor contributions taken pursuant to the provisions of this section. The excess of such member’s total accumulated contributions over the normal accumulated contributions at time of retirement shall be paid to such member, or at the member’s option, considered as additional contributions made to provide a larger annuity benefit.
SECTION HISTORY
Added by Ord. No. 182,629, Eff. 7-25-13.
(a) Members Who Retired or Terminated Membership Prior to July 1, 1965.
(1) Member Retired Prior to July 1, 1965. A member who retired prior to July 1, 1965, pursuant to the provisions of former Charter Sections 508 or 510, and who has a spouse to whom the member was married for at least one (1) year at the time of retirement (an eligible survivor for purposes of this subsection), may elect in writing to provide for a continuance of the member’s retirement allowance to said eligible survivor, which election shall be filed with the Board of Administration. In the event a retired member who is eligible to make the election herein provided should die prior to having made such election, the member’s eligible survivor shall have the right to so elect in the member’s stead and shall thereafter receive the continuance to survivor benefit as hereinafter provided.
Upon the death of a retired member who elected to provide for a continuance to the member’s eligible survivor, as provided in the preceding paragraph, there shall be continued to such survivor, provided the survivor is the deceased retiree’s surviving spouse or domestic partner, an allowance which shall consist of:
(i) An annuity equal to the amount of the annuity which was payable to the retired member during the member’s lifetime by virtue of the member’s normal contributions; and
(ii) A pension amount payable during the lifetime of such survivor which shall be the difference between one-half (1/2) of the member’s base amount excluding from said base amount any portion payable by virtue of additional contributions paid towards a larger annuity, and the amount of said annuity.
(iii) A cost of living equal to one-half (1/2) the cost of living amount payable to the deceased member at the time of the member’s death, after excluding therefrom any portion of said cost of living amount payable by virtue of additional contributions paid towards a larger annuity. All adjustments to the cost of living amount pursuant to this provision shall be subject to future adjustments as provided in Section 4.1022.
(2) Former Member Who Terminated Prior to July 1, 1965. Any former member who terminated prior to July 1, 1965, and who elected the benefit of a “vested right” pension but has not made application for such pension, may make the election described above in Subsection(a)(1) at the time such former member files their application for service retirement if the member has either a spouse to whom the member has been married for at least one (1) year prior to the date of the member’s retirement or a domestic partner in a partnership that has been established for at least one (1) year prior to the date of the member’s retirement (an eligible survivor for purposes of this subsection). Upon the death of such retired member who elected to provide for a continuance to the member’s eligible survivor as provided herein, there shall be continued to such survivor, provided the survivor is the deceased retiree’s surviving spouse or domestic partner, an allowance which shall be based upon the components set forth in Subsection(a)(1)(i), (ii) and (iii).
(3) Payment of Contributions upon Death. Upon the death of both the retired member and the retired member’s eligible survivor where an election has been made as provided in this Subsection (a), any unused contributions and accrued retirement allowance shall be paid as provided in Section 4.1010(c)(2).
(b) Members with Service Prior to July 1, 1965. Members shall not receive credit under the provisions of Section 4.1012 for service rendered prior to July 1, 1965, unless said member shall both:
(1) Elect, in writing, and file with the Board of Administration an application to participate in the continuance to survivor benefit established in Section 4.1012; and
(2) Pay survivor contributions in an amount equal to all the contributions which the member would have made had the member elected said benefit on July 1, 1965, together with all regular interest which, had the member so made the same, would have been credited thereon prior to the date of such payment. The mode of paying such back contributions in a lump sum or on an installment basis shall be as decided by the Board of Administration and set forth in their rules.
The surviving spouse or domestic partner of a deceased retired member is hereby given the right to make an election to participate in the continuance to survivor benefit provided in Section 4.1012 if such deceased retired member did not during the deceased retired member’s lifetime make the election to participate in said benefit; provided, however, that such survivor must qualify as an eligible survivor as said term is defined in Section 4.1012.
The eligible survivor’s election shall be in writing on such forms as the Board may prescribe, and must be accompanied by the amount of survivor contributions which the deceased retired member would have contributed by salary deduction during the entire period of membership in the Retirement System during or for which the deceased retired member would have been eligible to participate in the benefit provided in Section 4.1012.
The benefit herein provided shall entitle a survivor eligible to make an election to receive an allowance calculated as of the time immediately following the deceased retired member’s death, but such allowance shall become payable only as of the first day of the month following the exercise of the election and receipt by the Retirement System of the required survivor contributions. There is to be no retroactive entitlement to benefits under the provisions of this section.
SECTION HISTORY
Added by Ord. No. 182,629, Eff. 7-25-13.
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