(a) In case:
(1) Any member of the Waterworks Pension Fund who has been in continuous service for more than five years dies from any cause other than as specified in subsection (b) hereof before retirement on a disability pension under the provisions of Section 141.10, or a retirement pension under the provisions of Section 141.11, leaving in either case surviving a dependent spouse, or any dependent child or children under the age of eighteen years, or dependent father or mother or both, or any dependent brothers or sisters or both under the age of eighteen years; or
(2) Any former member of such Department who is on a disability pension prior to the adoption of this plan or is receiving or is entitled to receive retirement pension benefits under the provisions of Section 141.11, dies from any cause other than as specified in subsection (b) hereof leaving in either case surviving a dependent spouse to whom the marriage took place prior to the date of such member's retirement on a disability pension or a retirement pension, or any dependent child or children under the age of eighteen years who were born prior to or within ten months after the date of such member's retirement on a disability pension or a retirement pension or dependent father or mother or both, or any dependent brothers or sisters or both under the age of eighteen years; then in any of the cases set forth herein the Board of Trustees of the Waterworks Pension Fund shall, immediately following the death of such member, pay to or for each of such entitled surviving dependents the following pension benefits: To such dependent spouse until death or remarriage, a sum per month equal to thirty percent (30%) of such member's average monthly salary or compensation received during the three twelve-consecutive-month periods, not necessarily consecutive, each of such three periods beginning with the same calendar month of different years and all such three periods falling within the member's final five years of employment with such Department, in which such member received his highest salary or compensation while a member of the Department, hereinafter for convenience referred to in this section as "monthly average", or an amount of two hundred dollars ($200.00) per month, whichever is greater; to each such dependent child a sum per month equal to ten percent (10%) of such monthly average, or the sum of thirty dollars ($30.00) per month for each such child, whichever is greater, until such child attains the age of eighteen years or marries, whichever first occurs; to each such dependent orphaned child a sum per month equal to fifteen percent (15%) of such monthly average, or the sum of forty-five dollars ($45.00) per month for each such child, whichever is greater, until such child attains the age of eighteen years or marries, whichever first occurs; to each such dependent father or mother a sum per month for each equal to ten percent (10%) of such monthly average, or the sum of thirty dollars ($30.00) per month for each such father and mother, whichever is greater; to each such dependent brother or sister the sum of five dollars ($5.00) per month until such individual attains the age of eighteen years or marries, whichever first occurs, but in no event shall the aggregate amount paid to such brothers and sisters exceed thirty dollars ($30.00) per month. If at any time, because of the number of dependents, all such dependents cannot be paid in full as herein provided, then each dependent shall receive his pro rata share of such payments. In no case shall the payments to the surviving spouse and children be cut below sixty-five percent (65%) of the total amount to be paid to all dependents.
(b) The dependent spouse, child or children, or dependent father or mother, or dependent brothers or sisters, of any such member who dies by reason of service rendered in the performance of such member's duties shall, regardless of the length of such member's service, and irrespective of whether such member was or was not entitled to receive or was or was not receiving disability pension or temporary disability payments at the time of his death, receive the death benefits provided for in subsection (a) hereof, and if such member had less than three years' service at the time of his death, the monthly average shall be computed on the basis of the actual number of years of service.
(c) If a member dies without leaving a dependent spouse, child or children, or dependent father or mother, or dependent brothers or sisters, his contributions to the Fund plus six percent (6%) interest shall be refunded to his named beneficiary or, if no beneficiary has been named, to his estate to the extent that such contributions plus interest exceed any disability or retirement benefits that he may have received before his death.
(d) The provisions of this section shall not be construed as creating or establishing any contractual or vested rights in favor of any individual who may be or become qualified as a beneficiary of the death benefits herein authorized to be made, all the provisions hereof and benefits provided for hereunder being expressly subject to such subsequent legislative enactments as may provide for any change, modification or elimination of the beneficiaries or benefits specified herein.
(Ord. 0-355. Passed 12-11-84.)