§ 36.095 BENEFITS TO SURVIVING WIDOW AND MINOR CHILDREN OF MEMBER WHOSE DEATH WAS NOT OCCASIONED BY PERFORMANCE OF DUTY.
   (A)   Upon death of a member occurring while in service, arising from any cause other than in the performance of duty, provided the member has had at least three years of total service his widow shall receive an annuity equal to 1½% of average salary for each year of total service, credited to the member, subject to a maximum payment to the widow of 50%. If the member has had at least 10 years total service, the widow shall receive an annuity of not less than $150 per month, and when social security benefits are increased the minimum shall be increased by a like percentage, but the increase shall not exceed 5%. Payment of the annuity shall be subject to the following conditions:
      (1)   The widow has been married to the member at least one year prior to his death;
      (2)   The widow is at least 45 years of age, otherwise payment will be deferred until she attains such age, except that if she is or becomes totally disabled before age 45, or has a minor child or children by the member in her care under age 18 (including adopted children provided the proceedings for adoption were initiated at least one year prior to death of member) payment of the widow's annuity will begin immediately together with an additional allowance on account of the child or children;
      (3)   The widow's annuity will terminate in any event when the widow remarries. The annuity of each child or children shall continue until each child attains age 18.
   (B)   If the widow has minor children under age of 18, the annuity to the widow shall be increased one-half on account of the first child and one-fourth on account of each additional child, subject to a maximum combined payment to the widow and children of 75% of the average salary as defined in § 36.086.
   (C)   If the pensioner is not survived by a widow and there are minor children the following benefits shall be paid:
      (1)   One minor child, 50%;
      (2)   Two minor children, 15% additional;
      (3)   Three or more minor children, 10% additional, subject to a maximum combined payment of 75% of the average salary as defined in § 36.086. The annuity of each child or children shall continue until each child attains age 18, or, in the case of a child regularly employed in full-time educational activities the age of 23. The annuity payments shall be reduced in reverse order.
   (D)   These benefits shall also be payable upon death of the member while on retirement, provided marriage was in effect for at least one year before retirement.
(Ord. 87-26, passed 7-28-87)