2.124.440   Continuation of benefits after death of retired member.
   Upon the death of a member after qualification for retirement for service by attaining an age of at least fifty-five (55) years with at least twenty (20) years of service, or after retirement for service or because of disability which resulted from injury received in, or illness caused by the performance of duty, and if no allowance is payable under Section 2.124.430 of this chapter, one-half of the retirement allowance which the member would have been entitled to if he or she had retired at the time of death, or one-half his or her retirement allowance, as the case may be, shall be continued throughout life or until remarriage, to the member's surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she 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 such spouse lived and not remarried shall be paid to his or her child or children under such age, collectively, to continue until every such child dies or attains such age, provided that 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 the member 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 2.124.460 of this chapter in lieu of the allowance which otherwise would be continued to such spouse under this section. If there is no surviving spouse, the guardian of the child or children under age of eighteen (18), may make such election, and if there is 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 he or she was married to the member prior to the date of the injury or onset of the illness which results in death prior to retirement, or if death occurs after retirement, unless he or she was married to the member at least one year prior to retirement. (Prior code § 34.04.405)