(A) Service incurred. A death benefit shall be payable on behalf of any member who dies as a direct result of an occurrence arising in the performance of service. These benefits are not to be limiting to other benefits available under state law. The benefits shall be payable as follows:
(1) Spousal and Child Benefit:
(a) The member’s spouse shall be entitled to a monthly benefit equal to 50% of the member’s average monthly earnings until the spouse’s death or, effective prior to March 12, 1999, the earlier of death or remarriage.
(b) Each unmarried child until (s)he has reached the age of 18 years, and for each unmarried child from age 18 until age 22 who is a full-time student in a fully accredited high school, college, or university, there shall be paid in equal monthly installments, an amount equal to 5% of the average monthly earnings, subject to an overall limitation of a total of 60% of average monthly earnings for the spouse and children combined. The non-student child’s pension shall terminate on the earlier of death, marriage, or the attainment of age 18; the pension of a child who is a student shall terminate on the earlier of death, marriage or attainment of age 22. Legally adopted children shall be eligible the same as natural children. Upon the remarriage or death of the spouse, the 5% child allowance shall be increased to 10% for each child, not to exceed a combined total of 35% of the member’s average monthly earnings. The trusteeship and disbursements of the pension to any child or children shall be determined by the Board.
(c) The benefits provided in subsections (a) and (b) shall be reduced to no less than zero by the actuarial equivalent of any benefits paid pursuant to subsection (2) below.
(2) Effective as of March 12, 1999, if a member had at least 10 years of continuous service, his or her designated beneficiary shall be entitled to the benefits otherwise payable to the member at his early retirement date or normal retirement date, but no less than the member’s member contributions, plus simple interest, at the rate of 3% per annum. If the member did not have at least 10 years of continuous service, his or her designated beneficiary shall be entitled to the member’s member contributions, plus simple interest, at the rate of 3% per annum.
(B) Nonservice incurred. If any member dies in active service from causes not attributable to active duty or service, a death benefit shall be payable as follows:
(1) With less than five years of continuous service, to the designated beneficiary a lump sum payment of $2,500, or return of the member’s member contributions plus simple interest, at the rate of 3% per annum, whichever is greater.
(2) With five years of continuous service:
(a) To the spouse until death in equal monthly payments a pension equal to 50% of the member’s accrued pension as of the date of death, subject to a minimum of 20% of monthly earnings; plus
(b) To the child or children of the deceased member, the same benefits as are payable for reason of service-incurred death, subject however, to a maximum combined limitation of monthly payments to the spouse and children of 50% of average monthly earnings and 35% after death of spouse; plus
(c) To the designated beneficiary a lump sum payment of $2,500 or, effective March 12, 1999, if greater, the member’s member contributions, without interest.
(3) Effective as of March 12, 1999, if a member having at least 10 years of continuous service dies prior to retirement, his or her designated beneficiary is entitled to the benefits otherwise payable to the member at his early retirement date or normal retirement date.
(4) The monthly nonservice-incurred benefits payable to the spouse or beneficiary shall have applicable to it the same survivorship benefit percentages as for normal retirement.
(‘69 Code, § 5-159) (Ord. 557, passed 2-19-81; Am. Ord. 1353, passed 9-20-00; Am. Ord. 1480, passed 3-17-04)