(A) If a member dies as the result of illness contracted or injuries received arising out of and in the course of the member’s employment with the city, and such death, illness, or injuries resulting in death be found by the Board of Trustees to have been the natural and proximate result of the member’s actual performance of duty as a police officer or firefighter in the employ of the city, the applicable benefits provided in divisions (A)(1), (A)(2), (A)(3), (A)(4), and (A)(5) below shall be paid; provided, that the widow or widower of such deceased member shall have the right to elect to take benefits under § 16.19 in lieu of this section, in which case the accumulated contributions shall not be refunded.
(1) The accumulated contributions standing to the member’s credit in the Member’s Deposit Fund at the time of the member’s death shall be paid in accordance with the provisions of § 16.23.
(2) A pension of one-third of the final compensation of such deceased member shall be paid to the surviving spouse. Such pension shall terminate upon the surviving spouse’s remarriage or death, and shall be subject to § 16.22.
(3) If, in addition to a surviving spouse, the said deceased member leaves an unmarried child or children under age 21 years, or leaves a mentally or physically totally and permanently disabled child whom the Board of Trustees finds to be at 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 one-fourth of the deceased member’s final compensation. The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon said child’s attainment of age 21 years; the pension payable to any child shall terminate upon his or her 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. Any pension payable under this division (A)(3) shall be subject to § 16.22.
(4) If there be no widow or widower surviving the deceased member, or if the pension payable to a widow or widower terminates on account of his or her remarriage or death, and there be surviving 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 for his or her financial support upon the said deceased member, each such child shall receive a pension of one-fourth of the final compensation of such deceased member; provided, that if there be more than two such children each such child shall receive a pension of an equal share of one-half of said final compensation. The pension payable to a child, except such a totally and permanently disabled child, shall terminate upon said child’s attainment of age 21 years; the pension payable to any child shall terminate upon his or her 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 in no case shall any such child’s pension exceed one-fourth of the deceased member’s final compensation. Any pension payable under this division (A)(4) shall be subject to § 16.22.
(5) If there be neither a surviving spouse nor children eligible to receive pensions under this section surviving the said deceased member, there shall be paid to each the member’s dependent father and dependent mother a pension of one-sixth of the deceased member’s final compensation; provided, that the Board of Trustees, after investigation, shall find such parent to have been actually dependent upon the deceased member for at least 50% of his or her financial support due to absence of earning power due to physical or mental disability. Any pension payable under this division (A)(5) shall be subject to § 16.22.
(B) Effective July 1, 1983, and thereafter, if a firefighter member; September 19, 1984, and thereafter, if a police sergeant, police lieutenant, police captain, or an 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 as the result of illness contracted or injuries received arising out of and in the course of his or her employment with the city, and such death, illness, or injuries resulting in death be found by the Board of Trustees to have been the natural and proximate result of the member’s actual performance of duty as a firefighter or police sergeant, police lieutenant, police captain, or an assistant police chief who was a prior city command officer bargaining unit member in the employ of the City, the applicable benefits provided in divisions (B)(1), (B)(2), or (B)(3) below shall be paid; in addition to the applicable benefits provided in divisions (B)(1), (B)(2), and (B)(3), the accumulated contributions standing to the member’s credit in the Member’s Deposit Fund at the time of his or her death shall be paid in accordance with the provisions of § 16.23; provided, that the member has paid into the Member’s Deposit Fund all amounts due the fund by the member. Any pension paid under this section shall be subject to § 16.22 and shall qualify the person for the benefits of § 16.13(G)(1) through (G)(6), years of credited service notwithstanding.
(1) 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 the day of 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 his or her credited service. If the said member should die prior to the attainment of age 55 years, the member’s credited service shall be increased, for the exclusive purpose only of computing the pension, by the number of years, and fraction of a year, in the period from the date of death to the date the member would have attained the 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 terminate upon the surviving spouse’s remarriage or death, whichever occurs first.
(2) If there be no widow or widower surviving the deceased member, or if the pension payable to the surviving spouse 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 for financial support upon the said deceased member, 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)(1) above. Provided, 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 the deceased member calculated as set forth in division (B)(1) above. 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 adoption, marriage, or death of the child, 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 in no case shall any such child’s pension exceed 25% of the pension that would have been due and payable to the deceased member calculated as set forth in division (B)(1) above.
(3) If there be neither a widow, widower, nor children eligible to receive pensions provided in divisions (B)(1) or (B)(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 said member for at least 50% of the dependent parent’s financial support, each such parent shall receive a pension of one-sixth of the pension that would have been due and payable to the deceased member calculated as set forth in division (B)(1) above. Upon a parent’s remarriage or death, the parent’s pension shall terminate.
(C) 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, § 16.20) (Ord. D-678, passed 1-18-1965, effective 2-1-1965; Ord. D-1592, passed 6-19-1989, effective 6-29-1989; Ord. D-1737, passed 3-20-1995, effective 3-30-1995)