(a) In determining the years of service of a member in the Waterworks Department for the purpose of ascertaining certain disability pension benefits, the following provisions shall be applicable:
(1) Absence from the service because of sickness or injury for a period of two years or less shall not be construed as time out of service; and
(2) Any member of the Waterworks Pension Fund covered under this article who has been required to or shall at any future time be required to enter the Armed Forces of the United States by conscription, by reason of being a member of the West Virginia National Guard or Air National Guard, whose reserve unit or guard unit is called into active duty for one year or more, or who enlists in one of the Armed Forces of the United States during hostilities, and who upon receipt of an honorable discharge from such Armed Forces presents himself for resumption of duty to his appointing Municipal official within six months from his date of discharge, and is accepted by the Pension Board's board of medical examiners as being mentally and physically capable of performing his required duties as a member of such Waterworks Department, shall be given credit for continuous service in the Waterworks Department, and his rights shall be governed as herein provided. No member of the Waterworks Pension Fund shall be required to pay the monthly assessment as now required by law, during his period of service in the Armed Forces of the United States.
(b) As to any former member of the Waterworks Pension Fund who is receiving disability pension benefits or retirement pension benefits from the Waterworks Pension Fund, on the effective date of this section, the following provisions shall govern and control the amount of such pension benefits:
(1) A former member who on June 30, 1962 was receiving disability pension benefits or retirement pension benefits from the Waterworks Pension Fund, shall continue to receive pension benefits but on and after July 1, 1971, such pension benefits shall be in the amount of two hundred dollars ($200.00) per month; and
(2) A former member who became entitled to disability pension benefits or retirement pension benefits on or after July 1, 1962, shall continue to receive pension benefits but on and after July 1, 1971, shall receive the disability pension benefits or retirement pension benefits provided for in Section 141.10 or 141.11 as the case may be.
(c) As to any dependent spouse, child or children, or dependent father or mother, or dependent brothers or sisters, of any former member of the Waterworks Pension Fund, receiving any death benefits from the Waterworks Pension Fund, on the effective date of this section, the following provisions shall govern and control the amount of such death benefits:
(1) A dependent spouse, child or children, or dependent father or mother, or dependent brothers or sisters, or any former member, who on June 30, 1962 was receiving any death benefits from the Waterworks Pension Fund, shall continue to receive death benefits but on and after July 1, 1971, such death benefits shall be in the following amounts: to a dependent spouse, until death or remarriage, the sum of one hundred dollars ($100.00) per month; to each dependent child the sum of thirty dollars ($30.00) per month, until such child attains the age of eighteen years or marries, whichever first occurs; to each dependent orphaned child the sum of forty- five dollars ($45.00) per month, until such child attains the age of eighteen years or marries, whichever first occurs; to each dependent father and mother the sum of thirty dollars ($30.00) per month for each; to each 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; and
(2) A dependent spouse, child or children, or dependent father or mother, or dependent brothers or sisters, of any former member, who became eligible for death benefits on or after July 1, 1962, shall continue to receive death benefits but on and after July 1, 1971, shall receive the death benefits provided for in Section 141.12.
(d) A former member who is receiving disability pension benefits on January 1, 1983 shall continue to receive disability pension benefits provided for in Section 141.10.
(Ord. 0-355. Passed 12-11-84.)