(a) Death in Performance of Duty. Upon the death of any person who is a member under Section A8.540 or A8.565 of the Charter, if such death shall result from performance of duty as prescribed in such sections, respectively, or if such death in the case of members under Section A8.565 of the Charter shall occur after qualification for service retirement, there shall be paid to the surviving spouse, children, or parents of such member, the benefits provided in such sections, for members at January 8, 1932, of the Police and Fire Departments, upon death resulting from the performance of duty and upon death occurring after qualification for service retirement. If such death after qualification for service retirement shall not result from the performance of duty and if there be no surviving spouse, children, or parents to whom benefits are payable under this subsection (a), the benefits provided in the next following subsection (b) shall be paid to the beneficiary nominated by the member as prescribed therein.
(b) Death Not in Performance of Duty. Upon the death before retirement, if such death be not included under subsection (a) of this Section 16.80, of a member while in the city service, or within four months after the discontinuance of city service, or while physically or mentally incapacitated for performance of duty, if such incapacity has been continuous from discontinuance of city service, the retirement system shall be liable for a death benefit, which, if an amount be due under subsection (b)(3), and if there be a surviving spouse or surviving children, shall be paid in monthly installments and to the surviving spouse and children as prescribed therein; otherwise, such death benefit shall be paid to the member’s estate, or to such person, or Special Needs Trust, as the member has nominated or shall nominate by written designation duly executed and filed with the Retirement Board, and such death benefit shall consist of:
(1) The member’s accumulated contributions, and in addition thereto:
(2) An amount equal to the compensation earnable by the member during the six months immediately preceding their death, and
(3) An amount sufficient, when added to the amounts provided in subsections (b)(1) and (2), to provide, when applied according to mortality tables adopted by the Retirement Board, a monthly death benefit equal to ½ of the monthly compensation earnable by such member during the 10 years immediately preceding the member’s death, to be paid to the surviving spouse to whom such member was married prior to sustaining the injury, to continue as long as the surviving spouse shall live or until remarriage or subsequent domestic partnership; or, if there be no surviving spouse, or if the spouse die before any child of such deceased member shall have attained the age of 16 years, then to the member’s child or children under such age collectively, to continue until every such child dies or attains such age. If payment of the allowance be stopped because of remarriage of the surviving spouse or attainment of the age of 16 years by a child, before the sum of monthly payment made shall equal the sum of the amounts provided in subsections(b)(1) and (2), then an amount equal to the difference between such sums shall be paid in one amount to the remarried surviving spouse; or, if there be none, to the surviving children of the deceased member, to share and share alike.
(c) Designation of Beneficiary. A member, or a beneficiary who is otherwise eligible for a monthly allowance after the death of a member, may elect, by written designation duly executed and filed with the Retirement Board, to have the death benefit provided in this Section 16.80 paid in monthly or annual installments instead of in one lump sum, subject to such rules and regulations as the Boardoard1
may adopt.
(d) Death After Retirement. Upon the death of any person, except persons referred to in Sections A8.542 and A8.566 of the Charter, after retirement and while receiving a retirement allowance from the retirement system, there shall be paid to the person’s estate or to such person, or Special Needs Trust, as the person shall have nominated by written designation duly executed and filed with the Retirement Board, the sum of $100 for each completed year of city service credited to the person at the time of their retirement, but the total amount paid shall not exceed $3,000; provided, that the sum so paid upon the death of a person who was receiving a retirement allowance under the San Francisco City and County Employees’ Retirement System on January 8, 1932, or of a person who became a member of the retirement system by reason of status as an employee of the public utility acquired by the City shall be not less than $500, regardless of the City service credited. If such deceased person was retired as a member under Sections A8.507 or A8.509 of the Charter and their retirement was first effective on or after April 1, 1966, an allowance shall be paid to the member’s surviving spouse, until their death or remarriage, equal to ½ of the member’s retirement allowance as it was prior to optional modification and prior to reduction as provided in subsection (a) of Charter Section A8.514, but exclusive of the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this Section 16.80 to a surviving spouse unless they were married to, or in a domestic partnership with, the member at least one year prior to the member’s death. If the member leaves no such surviving spouse, or if the surviving spouse should die, remarry, or enter into a subsequent domestic partnership before every child of such deceased retired person attains the age of 18 years, then the allowance which such surviving spouse would have received had they lived and not remarried, shall be paid to the member’s child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If the member, at retirement, has no surviving spouse who upon the member’s death would qualify to receive the allowance provided in this subsection (d), they may elect an option, as provided under Section 16.75 of this Code, with respect to all of the member’s allowance but if at retirement, they have such a surviving spouse, the member may elect such option only with respect to that part of their retirement allowance, prior to reduction as provided in Charter Section A8.514, which is in excess of the allowance which would be paid to the surviving spouse under this subsection (d). The funds for payments under this subsection (d) shall be derived:
(2) With respect to persons retired as members under Charter Sections A8.507, A8.543, and A8.567 from the accumulated contributions of the City held to meet the obligation of the City on account of benefits that have been granted and on account of prior service of members. Upon the death of any person after retirement and while receiving a pension under Sections A8.542 or A8.566 of the Charter, as a retired member of the Police or Fire Department, there shall be paid to their estate or to such person, or Special Needs Trust, as they shall have nominated by written designation duly executed and filed with the Retirement Board, the sum of $3,000. The death benefits provided in this paragraph with respect to persons retired under Charter Sections A8.542 or A8.566, shall be funded by contributions to the retirement system by the City which shall not be less in any fiscal year than the amount of such benefits paid during said year.
(e) Revocation of Nomination of Beneficiary. A person, while a member or after retirement, shall have the right to revoke the nomination of a beneficiary made by the member under the retirement system, and to nominate a beneficiary in lieu thereof, all by written designation duly executed and filed with the Retirement Board; provided, that this right shall not extend to beneficiaries nominated under Options 2 and 3 of Section 16.75 of this Code, nor shall it extend to dependents designated as beneficiaries by State law, the Charter or this Article IV, to receive benefits payable on account of death or disability incurred in the performance of duty.
(Amended by Ord. 53-85, App. 2/2/84; Ord. 326-00, File No. 001921, App. 12/28/2000; Ord. 259-22, File No. 221024, App. 12/22/2022, Eff. 1/22/2023)
CODIFICATION NOTE
1. So in Ord. 259-22.