§ 22-502.  Ordinary Death Benefits.
   (1)   Qualifications. Ordinary death benefits are paid to the designated beneficiary of a deceased employee or vested member who has not received any retirement or disability benefits from the Retirement System.
   (2)   Benefit amount. 126 The ordinary death benefit shall be an amount equal to the deceased member's total contributions to the Retirement System, without interest, together with an additional amount equal to the member's average final compensation multiplied by the number of completed years of credited service, and divided by the number of years of credited service required for that member to become a vested member as defined in subsection 22-105(47), provided that in no event shall the additional amount exceed the deceased member's average final compensation as defined in subsection 22-105(6)(a). This additional amount shall be reduced by any amount provided solely by the City under any group life insurance program.
   (3)   Optional benefit. 127 If a deceased member had attained the applicable minimum retirement age or had become a vested member as defined in subsection 22-105(47) or, if the member is a Police Employee or Fire Employee who shall be deemed as having become a vested member, the beneficiary of such member shall have the option of receiving:
      (a)   the amount payable under subsection 22-502(2); or
      (b)   the amount payable under Option 2 of Section 22-306 (Retirement and Survivor Benefit Options) determined as follows:
         (.1)   in the case of a member who had attained the minimum retirement age specified in the applicable plan, an annual benefit calculated as if the member had retired on the day preceding the member's death; or
         (.2)   in the case of a member who had become a vested member, but had not attained the retirement age specified in the applicable plan, an annual benefit calculated as if the member had been eligible to retire and retired on the day before the member died, based on the member's attained age at the date of death.
   (4)   Ordinary death benefit in lieu of service-connected death benefit. 128 If the deceased member's death was a service-connected death, the surviving spouse or surviving Life Partner may elect to receive ordinary death benefits in lieu of service-connected death benefits. If the surviving spouse or surviving Life Partner shall die before that surviving spouse's or surviving Life Partner's dependent child or children reach the age of eighteen (18) years, then the surviving dependent children under the age of eighteen (18) years shall receive equal shares of the annual benefit that the surviving spouse or surviving Life Partner had been receiving. When any such child dies or attains the age of eighteen (18) years, there shall be a redistribution by the Board to the surviving dependent child or children under such age.
   (5)   Conditions. 129 No spouse or surviving Life Partner of a member of Plan D, Plan J or Plan X shall be entitled to receive benefits pursuant to this Section unless such spouse or Life Partner (a) was married to or in a Life Partnership with the deceased member for not less than two (2) full years before the member died, and was living with or entitled to support from such member at the date of death, or (b) was designated in writing as the beneficiary.

 

Notes

126
   Amended, Bill No. 000342 (approved January 23, 2001). Section 2 of Bill No. 000342 reads as follows: "Effective Date. This Ordinance shall be effective retroactively to January 13, 1999, except for amendments to Code Section 22-310, which shall be effective retroactively to June 28, 1999, and except that, as to members of Plan L, any part of this Ordinance that represents an increase or diminishment in the benefit rights of such members shall not apply to an elected official during any term of office to which such official was elected prior to the effective date of this Ordinance, but shall only apply to an elected official during a term of office to which such official was elected after the effective date of this Ordinance."
127
   Amended, Bill No. 000342 (approved January 23, 2001). Section 2 of Bill No. 000342 reads as follows: "Effective Date. This Ordinance shall be effective retroactively to January 13, 1999, except for amendments to Code Section 22-310, which shall be effective retroactively to June 28, 1999, and except that, as to members of Plan L, any part of this Ordinance that represents an increase or diminishment in the benefit rights of such members shall not apply to an elected official during any term of office to which such official was elected prior to the effective date of this Ordinance, but shall only apply to an elected official during a term of office to which such official was elected after the effective date of this Ordinance."
128
   Amended, Bill No. 130224 (approved May 8, 2013).
129
   Amended, Bill No. 130224 (approved May 8, 2013).