(A) Non-duty death; application of Option A.
(1) (a) Any member who continues in the employ of the city as a police officer or firefighter on or after the date the member either:
1. Acquires 25 years of credited service; or
2. Attains age 55 years may elect, prior to the effective date of his or her retirement by written declaration filed with the Board of Trustees in the manner and form prescribed by the Board, Option A provided for in § 16.14, and nominate a beneficiary whom the Board finds to be dependent upon the said member for at least 50% of his or her financial support.
(b) Prior to the effective date of the member’s retirement, said member may revoke his or her election of Option A and nomination of beneficiary and the member may again, prior to the effective date of his or her retirement, elect the said Option A and nominate a beneficiary as provided in this division (A)(1)(b). In the event a member who has an Option A election in force dies while in the employ of the city as a police officer or firefighter, his or her beneficiary shall immediately receive a pension computed in the same manner in all respects as if the said member had retired pursuant to the provisions of this chapter the day preceding the date of his or her death. In the event a member who has an Option A election in force under the provisions of this division (A) subsequently retires pursuant to the provisions of this chapter, the member’s said election of Option A and nomination of beneficiary shall take effect as of the effective date of his or her retirement; provided, that the member shall have the right prior to the effective date of his or her retirement, but not thereafter, to elect, in lieu of Option A, to take his or her pension as a straight life pension or under Option B provided for in § 16.14. No pension shall be paid under division (A) on account of the death of a member if any pensions are paid or become payable under § 16.20 on account of the member’s death.
(2) Any member who continues in the employ of the city as a police officer or firefighter on or after the date the member either:
(a) Acquires 25 years of credited service; or
(b) Attains the age of 55 years, and does not have an Option A election in force as provided in division (A) above; and
1. Dies while in the employ of the city as a police officer or firefighter; and
2. a. Leaves a widow, or in the case of a female member, leaves a widower whom the Board of Trustees finds to be totally and permanently disabled and to have been dependent upon the said female member for at least 50% of his financial support, the said widow or widower shall immediately receive a pension computed in the same manner in all respects as if the said member had:
i. Retired pursuant to the provisions of this chapter the day before the date of the member’s death;
ii. Elected Option A provided in § 16.14; and
iii. Nominated his or her said widow or widower as beneficiary.
b. No pension shall be paid under this division (A)(2) on account of the death of member if any pensions are paid under § 16.20 on account of the member’s death.
(3) Effective July 1, 1983, and thereafter, the foregoing provisions of this division (A) shall not be applicable to a firefighter member, or effective September 19, 1984, and thereafter to a police sergeant, police lieutenant, police captain, or assistant police chief who was a prior city command officer bargaining unit member or their beneficiaries. Any benefits granted to a firefighter member or any of his or her beneficiaries prior to July 1, 1983, or to a police sergeant, police lieutenant, or police captain member, or his or her beneficiaries prior to September 19, 1984, shall remain in full force and effect.
(B) Non-duty death; survivor pensions.
(1) If a member dies while in the employ of the city, the applicable pensions provided for in divisions (B)(1)(a), (B)(1)(b), (B)(1)(c), and (B)(1)(d) below shall be paid; provided, that the member has neither elected Option A nor nominated a beneficiary under division (A)(1) above; provided further, that the member has paid into the Member’s Deposit Fund all amounts due the fund by the member.
(a) The widow or widower of a deceased member shall receive a pension of 25% of final compensation. The widow’s or widower’s pension shall begin the first day of the calendar month next following the month in which the member died and shall terminate upon the widow’s or widower’s remarriage, or death, whichever occurs first. The widow or widower of a member whose death occurs on or after the member’s attainment of age 55 years may elect to take his or her pension under either this division (B)(1) or under division (A)(2) above.
(b) If, in addition to a widow or widower, the deceased member leaves an unmarried child or children under age 21 years, or the member’s mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be a least 50% dependent for his or her financial support upon the deceased member, each such child shall receive a pension of an equal share of 30% of final compensation; provided, that in no case shall the pension payable to any one such child exceed 20% of final salary. The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon his or her attainment of age 21 years. The pension payable to any child shall terminate upon said child’s adoption, marriage, or death, whichever occurs first. Upon termination of a child’s pension there shall be a redistribution by the Board to the member’s remaining eligible children. The pensions provided in this division (B)(1)(b) shall be in addition to the pension provided in division (B)(1)(a) above or division (A)(2) above.
(c) If the deceased member does not leave a widow or widower eligible to a pension provided in this chapter, or if a pension payable to a widow or widower terminates on account of remarriage or death, and there be surviving the said deceased member’s unmarried child or children under age 21 years, or a mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be at least 50% dependent upon the deceased member for financial support, each such child shall receive a pension of 20% of final compensation; provided, that if there be more than two such children each such child shall receive a pension of an equal share of 40% of final compensation. The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon the child’s attainment of age 21 years; the pension payable to any child shall terminate upon the child’s adoption, marriage, or death, whichever occurs first. Upon termination of a child’s pension there shall be a redistribution by the Board to the deceased member’s remaining eligible children; provided that the pension payable to any one child shall not exceed 20% of final compensation.
(d) If there be no widow, widower, nor children eligible to receive pensions provided in divisions (B)(1)(a), (B)(1)(b), or (B)(1)(c) above or division (A)(2) above surviving the said deceased member, and the member leaves either or both a dependent mother or dependent father whom the Board of Trustees finds to be dependent upon the said member for at least 50% of that parent’s financial support, each such parent shall receive a pension of 15% of final compensation. Upon a parent’s remarriage or death the member’s pension shall terminate.
(2) Effective July 1, 1983, and thereafter, if a firefighter member; September 19, 1984, and thereafter, if a police sergeant, police lieutenant, police captain, or assistant police chief who was a prior city command officer bargaining unit member; or July 1, 1988, if a police officer member who is a police patrol officer, dies while in the employ of the city, the applicable pensions provided for in divisions (B)(2)(a), (B)(2)(b), (B)(2)(c), or (B)(2)(d) below shall be paid; provided that the member has paid into the Member’s Deposit Fund all amounts due to the fund by the member. Any pensions paid under this provision shall be subject to §§ 16.22 and 16.13(G)(1) through (G)(6).
(a) The widow or widower of a deceased member shall receive a pension of 80% of the pension that would have been due and payable to the deceased member, computed as if the member had retired the day immediately preceding death. Computation of the pension shall be made using the multiplier set forth in § 16.12(A) times the average of the member’s last three years compensation, including the value of any unused vacation time paid to the surviving spouse, multiplied by the number of years, and fraction of a year, of credited service. If said member should die prior to the attainment of age 55 years, the credited service shall be increased, for the exclusive purpose only of computing the pension, by the number of years, and fraction of a year, not to exceed ten years, in the period from the date of the member’s death to the date the member would have obtained age 55 years. The surviving spouse’s pension shall begin the first day of the calendar month next following the month in which the member died and shall be terminated upon the surviving spouse’s remarriage or death, whichever occurs first.
(b) If a deceased member does not leave a widow or widower eligible to a pension provided in this chapter, or if a pension payable to a widow or widower terminates on account of remarriage or death, and there be surviving the said deceased member’s unmarried child or children under age 21 years, or mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be at least 50% dependent upon the deceased member for his or her financial support, each such child shall receive a pension of 25% of the pension that would have been due and payable to the deceased member calculated as set forth in division (B)(2)(a) above. Providing, that if there be more than two such children each such child shall receive a pension of an equal share of 50% of the pension that would have been due and payable to deceased member calculated as set forth in division (B)(2)(a) above. The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon his or her attainment of age 21 years; the pension payable to any child shall terminate upon said child’s adoption, marriage, or death, whichever occurs first. Upon termination of a child’s pension there shall be a redistribution by the Board to the deceased member’s remaining eligible children; provided, that the pension payable to any one child shall not exceed 25% of the pension that would have been due and payable to the deceased member calculated as set forth in division (B)(2)(a) above.
(c) If there be no widow, widower, nor children eligible to receive pensions provided in division (B)(2)(a) or (B)(2)(b) above surviving the said deceased member, and the member leaves either or both a dependent mother or a dependent father whom the Board of Trustees finds to be dependent upon said member for at least 50% of the parent’s final support, each such parent shall receive a pension of 15% of the pension that would have been due and payable to the deceased member calculated as set forth in division (B)(2)(a) above. Upon a parent’s remarriage or death, this pension shall terminate.
(d) Notwithstanding the foregoing provisions of division (B)(2)(a) above, a widow or widower may elect to receive benefits as provided in divisions (B)(1)(a) and (B)(1)(b) above, if this is to their advantage. Should such an election of benefits under divisions (B)(1)(a) and (B)(1)(b) above terminate on account of the remarriage or death of the widow or widower, any surviving children shall receive benefits as defined in division (B)(2)(b) above.
(3) Effective January 15, 1992, police patrol officer members who leave a pension for surviving children, shall, unless the child is totally and permanently disabled, have said pension terminate at the time the surviving child reaches age 21, becomes deceased, is adopted, or marries, whichever comes first.
(Prior Code, § 16.19) (Ord. D-678, passed 1-18-1965, effective 2-1-1965; Ord. D-1573, passed 3-28-1988, effective 4-7-1988; Ord. D-1592, passed 6-19-1989, effective 6-29-1989; Ord. D-1737, passed 3-20-1995, effective 3-30-1995)