(A) On death of a member resulting directly from injuries which would have qualified him or her for occupational disability, his or her surviving spouse shall be entitled to an annuity equal to 50% of the member's final rate of base salary, payable for the spouse's lifetime, but terminating if he or she remarries. If children under age 18 also survive the member, an additional 10% of such base salary shall be payable on account of each such child until the child attains the age of 18, marries, or dies, whichever occurs first. The combined payments to a spouse and children shall, in no event, exceed 75% of the member's final rate of base salary.
(B) On remarriage of a spouse, the annuity shall immediately terminate, and the termination shall apply for all time regardless of any future changes that may occur in marital status of the spouse. However, the annuities on account of children shall be continued until their termination as above provided, and after remarriage of the spouse the annuities to children shall be at the rate of 15% of the member's final rate of base salary, for each minor child, subject to a maximum payment on the combined annuities to all minor children equal to 50% of such final rate of base salary, and further subject to the cessation of such payments under subsection (A) above.
(C) If the deceased member is not survived by a spouse but is survived by one or more children, the annuities shall be at the rate of 15% of the member's final rate of base salary for each minor child, subject to a maximum payment on the combined annuities to all minor children equal to 50% of the final rate of base salary, and further subject to the cessation of such payments under subsection (A) above.
(D) If, at the time benefits are initially calculated under this section, larger benefits would be payable under § 32.129, the provisions of that section shall be applied. No recomputation shall be made after the date payments hereunder, for the purpose of comparison only, to reflect subsequent adjustments pursuant to this section.
(E) For purposes of this section, the death of a retired disabled member shall not be deemed an occupational death unless:
(1) He or she was retired under the provisions of § 32.122 for an occupational disability due to duty-related injuries;
(2) Except in the case of death causally related to the injuries for which disability retirement occurred, he or she had been retired less than 24 months at the time of his or her death; and
(3) He or she was married to his or her spouse at the time of the injury which resulted in the occupational disability.
(F) All benefits payable under this section are specifically subject to the provisions of § 32.127, and no benefits will be payable hereunder unless the provisions of that section are followed.
(1999 Lou. Code, § 36.108) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004)