§ 34.058 PRERETIREMENT DEATH.
   (A)   Service incurred. A death benefit shall be payable in behalf of any member who dies as a direct result of an occurrence arising in the performance of service. The benefit shall be payable as follows.
      (1)   To the designated beneficiary a lump sum payment of $5,000; plus
      (2)   To the surviving spouse, until the earlier of the two events of death or remarriage, a monthly benefit equal to 75% of the member's final earnings (the above provision notwithstanding, the surviving spouse of any member killed in the line of duty shall not lose the survivor retirement benefits set forth herein if the spouse remarries); plus
      (3)   For each child until he has reached the age of 18 years, and for each child from age 18 until age 22 who is a full-time student in an accredited school, there shall be paid in equal monthly installments, an amount equal to 7½% of the final earnings subject to an overall limitation of a total of 90% of final earnings for the surviving spouse and children combined. The nonstudent 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 the attainment of age 22. Legally-adopted children shall be eligible the same as natural children. In the event there is no surviving spouse or upon remarriage or death of the surviving spouse, the 7½% child allowance shall be increased to 15% for each child, and shall be paid in trust to eligible children, not to exceed a combined total of 50% of a member's final earnings provided, however, that such increase shall not apply when a surviving spouse of a member who was killed in the line of duty remarries. The trusteeship and disbursements of the pension to any child or children shall be determined by the Board of Trustees. No survivor pension shall be paid to any stepchild of a deceased member.
      (4)   As provided and subject to the limitations in F.S. § 112.1816, effective July 1, 2019, a firefighter (as defined in F.S. § 112.1816(1)) Member shall be considered to have died in the line of duty if he or she dies as a result of cancer (as defined in F.S. § 112.1816(1)) or circumstances that arise out of the treatment of cancer (as defined in F.S. § 112.1816(1)).
   (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 one year of continuous service: none.
      (2)   With one or more years but less than five years of continuous service: to the designated beneficiary a lump sum payment of $5,000.
      (3)   With five years or more years but less than ten years of continuous service:
         (a)   To the designated beneficiary a lump sum payment of $5,000; plus
         (b)   To the surviving spouse in equal monthly payments a pension equal to 65% of the member's accrued pension as of date of death, subject to a minimum of 20% of average monthly earnings; plus
         (c)   To the child or children of the deceased member the same benefits as are payable by reason of service-connected death, subject, however, to a maximum combined limitation of monthly payments to the surviving spouse and children of 50% of final earnings.
      (4)   With ten or more years of continuous service: the beneficiary may elect to receive the benefits under subsection (3) above, or the benefits accrued to date of death, payable commencing at his otherwise normal retirement date or payable in accordance with § 34.056.
      (5)   Death while performing USERRA-qualified active military service. In the case of a member who dies on or after January 1, 2007 while performing "Qualified Military Service" under Title 38, United States Code, Chapter 43, Uniformed Services Employment and Reemployment Rights Act ("USERRA") within the meaning of Section 414(u) of the Internal Revenue Code, any "additional benefits" (as defined by Section 401(a)(37) of the Internal Revenue Code) provided under the plan that are contingent upon a member's termination of employment due to death shall be determined as though the member had resumed employment immediately prior to his death. With respect to any such "additional benefits," for vesting purposes only, credit shall be given for the period of the member's absence from covered employment during "Qualified Military Service".
(‘58 Code, § 11.48) (Ord. 72-59, passed 8-15-73; Am. Ord. 73-11, passed 1-3-73; Am. Ord. 74-31, passed 1-29-74; Am. Ord. 95-21, passed 11-22-94; Am. Ord. 2000-73, passed 9-12-00; Am. Ord. 2013-56, passed 5-14-13; Am. Ord. 2020-14, passed 12-10-19)