(A) (1) Upon death of a member, due to occupational causes, regardless of length of service, his or her surviving widow or widower shall be entitled immediately upon cessation of salary to an annuity equal to 50% of the member’s average rate of salary, as herein defined. The annuity shall be payable until he or she dies or remarries. In addition, if minor children of the member under age 18 survive the member, the widow or widower shall receive on account of each child 10% of the member’s last rate of salary until each child attains age 18. The combined payments to a widow or widower and minor child shall not exceed 60% of his or her average rate of salary, as herein defined.
(2) If a widow or widower does not survive the member, or if he or she remarries, and minor children of the member under age 18 exist, each child is entitled to an annuity equal to 10% of the member’s last rate of salary until each child attains age 18, but the combined payments to the children shall not exceed 50% of the member’s average rate of salary, as herein defined.
(3) If neither a widow nor minor children eligible for benefits survive the member, each dependent parent is entitled to an annuity equal to 25% of the member’s last rate of salary, or 50% to both parents.
(4) Benefits payable for occupational death shall be reduced by any amount payable to the member’s survivors as a result of worker’s compensation laws.
(1995 Code, § 2.88.120)
(B) (1) Upon death of a member occurring while in service, arising from any cause other than in the performance of duty; provided, the member had at least five years of total service, his or her widow or her widow or widower shall receive an annuity equal to 1.5% of average salary for each year of total service, credited to the member, subject to the following conditions:
(a) The widow or widower is at least 40 years of age, otherwise payment shall be deferred until she attains the age, except that if he or she is or becomes totally disabled before age 40, or has a minor child or children by the member in his or her care under age 18 including adopted children; provided, the proceedings for adoption were initiated at least one year prior to death of member, payment of the widow’s or widower’s annuity shall begin immediately together with an additional allowance on account of the child or children.
(b) The widow’s or widower’s annuity shall terminate in any event when the widow or widower remarries. The annuity of each child or children shall continue until each child attains age 18.
(2) If the widow or widower has minor children by the member under age 18, the annuity to the widow or widower shall be increased 1/2 on account of the first child and 1/4 on account of each additional child, subject to a maximum combined payment to the widow and children of 50% of the final rate of salary.
(3) These benefits shall also be payable upon death of the member while on retirement; provided, marriage was in effect for at least one year before retirement.
(4) Benefits payable under this section shall be reduced by any amount paid to the member’s survivors for death due to occupational causes, other than from employment with the City, as a result of worker’s compensation laws.
(1995 Code, § 2.88.130)
(C) (1) Upon death of a member, occurring while in active service, if no annuities are payable, the designated beneficiary to the member or his or her estate shall be entitled to a death benefit equal to the total contributions made by the member, without interest, or $300, whichever is greater.
(2) Upon death of a retired member, if no annuities shall be due or payable, a death benefit shall be paid to the designated beneficiary or estate of the member, equal to the excess, if any, of the total contributions made by the member to this fund to the date of retirement without interest, over the total annuity payments received by the member. The minimum payment in such case shall be $300. If any annuities are payable after the death of a retired member, the amount of the death benefit, if any, shall be determined upon termination of annuity payments to all survivors of the member, whether the termination occurs by death, remarriage or other cause.
(1995 Code, § 2.88.170)