(A) Post-retirement death. Upon death of a retiree there shall be no further benefits paid, except for return of accumulated contributions not theretofore paid in the form of retirement benefits. However, if a retiree had elected an optional form of benefit, benefits, if any, shall be payable in accordance with such election.
(B) Pre-retirement death benefits for police officer members.
(1) Upon the death of a member not eligible for retirement, his or her beneficiary, or his or her estate if there is no beneficiary, shall receive the return of his or her accumulated contributions.
(2) Upon the death of a member eligible for retirement who had not elected an optional form of benefit, it shall be presumed that such member had elected a monthly benefit payable for life but with one hundred twenty (120) payments guaranteed in any event and retired immediately preceding his death; provided, however, that the resulting benefit may not be less than the amount of member's accumulated contributions. If the deceased member had elected an optional form of benefit, benefits, if any, shall be payable in accordance with such election.
(3) Upon the death of a member having at least ten (10) years of credited service, his beneficiary shall be entitled to the benefits otherwise payable at the member's early or normal retirement date.
(C) Pre-retirement death benefits for firefighter members.
(1) Death in the line of duty.
(a) Effective October 1, 2006, the beneficiary of any member whose death was directly caused by performance of the member's duties as a firefighter shall be entitled to a monthly pension benefit equal to the greater of the member's accrued benefit or seventy-five percent (75%) of the member's average final compensation provided that the member's death in the line-of-duty is established to the satisfaction of the Board.
(b) Presumptions.
1. Any death of a member caused by hypertension or heart disease shall be presumed to have been suffered in the line-of-duty unless the contrary is shown by competent evidence; provided that such member shall have successfully passed a physical examination upon entering into such service, including a cardiogram, which examination failed to reveal any evidence of such condition.
2. The presumptions regarding certain communicable diseases provided for in Fla. Stat. 112.181, as amended from time to time, shall apply only to those conditions described in that statute that are diagnosed on or after January 1, 1996.
3. A firefighter shall be considered to have died in the line of duty if he or she dies as a result of cancer or circumstances that arise out of the treatment of cancer.
(2) Death not in the line-of-duty. Effective October 1, 2006, the beneficiary of any member, with at least ten (10) years of credited service, whose death was not directly caused by the performance of the member's duties as a firefighter shall be entitled to a monthly pension benefit equal to the greater of the member's accrued benefit or twenty-five percent (25%) of the member's average final compensation.
(3) Upon the death of a member eligible for retirement who had not elected an optional form of benefit, it shall be presumed that such member had elected a monthly benefit payable for life but with one hundred twenty (120) payments guaranteed in any event and retired immediately preceding his death; provided, however, that the resulting benefit may not be less than the amount of member's accumulated contributions. If the deceased member had elected an optional form of benefit, the benefits, if any, shall be payable in accordance with such election.
(4) Upon written request to the Board made within a time frame established by the Board, a beneficiary entitled to receive benefits under this subsection (C) shall have the option of receiving the return of the deceased member's accumulated contributions.
(D) Death during qualified military service. In the case of a death or disability occurring on or after January 1, 2007, if a member dies while performing qualified military service (as defined in Section 414(u) of the Internal Revenue Code), the survivors of the member are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan as if the member had resumed and then terminated employment by the City on account of death.
(Ord. 2000-15, passed 5-5-00; Am. Ord. 2003-09, passed 3-20-03; Am. Ord. 2007-108, passed 11-15-07; Am. Ord. 2015-24, passed 5-21-15; Am. Ord. 2019-49, passed 9-5-19)