(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.