2.124.330   Member qualified for service retirement.
   Upon the death of a member after qualification for retirement for service according to provisions of Section 2.124.270 of this chapter by attaining an age of at least fifty-five (55) years with at least twenty (20) years of service, one-half of the retirement allowance to which he or she would have been entitled had he or she retired at the time of death, shall be paid throughout life, except during any period of remarriage, to his or her eligible surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if the surviving spouse dies or remarries before every child of such deceased member attains the age of eighteen (18) years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under age eighteen (18), collectively, to continue until every such child dies or attains said age, unless the eligible spouse returns to an unmarried status. No child shall receive any allowance after marrying or attaining the age of eighteen (18) years. Should such member leave no surviving spouse and no children under the age of eighteen (18) years but leave a parent or parents, dependent upon him or her for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. The surviving spouse, in the event of death of the member after such qualification for but before service retirement, may elect, before the first payment of the allowance, to receive regardless of the estate or designated beneficiary, the benefit provided in Section 2.124.320 of this chapter in lieu of the allowance which otherwise would be paid to her or him under this section. If there is no surviving spouse, the guardian of the child or children under the age of eighteen (18), may make such election, and if there are no such children, the dependent parent or parents may make such election. No allowance, however, shall be paid under this section to a surviving spouse unless the surviving spouse was married to the member prior to the date of the injury or onset of the illness which results in death prior to retirement. (Prior code § 34.03.307)