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The provisions of this Section 16.80-5 shall apply only to unremarried widows of persons who retired prior to April 1, 1966, as members under Section 8.507 of Section 8.509 of the Charter, and who died prior to the effective date of Section 16.80-1 of this Code, provided such widows would have been entitled to the automatic ½ continuation of allowance under Section 16.80-1 of this Code if Sections 16.80-1 and 16.80-2 had been in effect on the date of their husbands' deaths.
(a) If at retirement such widow's husband elected to receive his allowance without optional modification or after modification under Option 1, such widow shall receive, for time commencing January 1, 1973, an allowance in an amount equal to ½ of the amount of her husband's retirement allowance as it was at his death.
(b) If at retirement such widow's husband elected to receive his allowance after modification under Option 2, such widow shall receive, for time commencing January 1, 1973, an allowance in an amount equal to the total of:
(1) An amount equal to ½ of the amount of her husband's retirement allowance without optional modification;
(2) An amount determined by recomputing as of January 1, 1973, the allowance of such widow so that Option 2 shall apply only with respect to that part of her husband's allowance without optional modification which is in excess of the amount in Subdivision (1) of this Subsection (b);
(3) An amount equal to the total of all increases made in such widow's allowance pursuant to Subsections (A) and (B) of Section 8.526 of the Charter (formerly Section 164.1 of the Charter of 1932).
The allowances determined pursuant to the provisions of Subsections (a) and (b) of this Section shall be the allowances upon which adjustments pursuant to Section 8.526 of the Charter shall be based.
The provisions of this Section 16.80-5 shall not give any beneficiary or her successors in interest, any claim or right against the City and County for any increase in or modification of any retirement allowance in effect prior to April 1, 1966, other than as specifically provided in this Section; nor for any increase in allowance paid or payable for time prior to January 1, 1973.
(Added by Ord. 62-73, App. 2/23/73)
Upon the death on or after the effective date of this Section of a female member who at the time of her death is receiving a retirement allowance as a person retired under Sections 8.507 or 8.509 of the Charter (formerly Sections 165 and 165-2 of the Charter of 1932), an allowance shall be paid to her surviving husband, until his death or remarriage, equal to ½ of her retirement allowance as it was prior to optional modification, but exclusive of the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this Section to a surviving husband unless he was married to such member for at least one year prior to the member's death.
If she leaves no such surviving husband, or he dies or remarries before every child of such deceased female member attains the age of 18 years, then the allowance which such surviving husband would have received had he lived and not remarried shall be paid to her 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 a female member whose retirement will be effective on or after the effective date of this Section does not have, at retirement, a husband who upon such member's death would qualify as a surviving husband to receive the allowance provided in this Section, she may elect an option, as provided under Section 16.75 of this Code, with respect to all of her allowance; but if, at her retirement, she has such a husband, she may elect such option only with respect to that part of her retirement allowance which is in excess of the allowance which would be paid to her surviving husband under this Section.
The funds for payments under this Section shall be derived:
(a) With respect to persons retired as members under Section 8.507, from the accumulated contributions of the City and County held to meet the obligation of the City and County on account of benefits that have been granted and on account of prior service of members, and
(b) With respect to persons retired as members under Section 8.509, from reserves held by the Retirement System on account of members under said section.
(Amended by Ord. 53-84, App. 2/2/84)
The provisions of this Section 16.80-6.1 shall apply only to unremarried husbands of female members who retired prior to the effective date of Section 16.80-6 of this Code, as members under Section 8.507 or Section 8.509 of the Charter, and who died prior to the effective date of said Section 16.80-6, provided such husbands would have been entitled to the automatic ½ continuation of allowance under said Section 16.80-6 if said Section 16.80-6 had been in effect on the date of their wives' deaths.
(a) If at retirement such husband's wife elected to receive her allowance without optional modification or after modification under Option 1, such husband shall receive, for time commencing July 1, 1975, an allowance in an amount equal to ½ of the amount of his wife's retirement allowance as it was at her death.
(b) If at retirement such husband's wife elected to receive her allowance after modification under Option 2 and designated her husband as beneficiary under said Option 2, such husband shall receive, for time commencing July 1, 1975, an allowance in an amount equal to the total of:
(1) An amount equal to ½ of the amount of his wife's retirement allowance without optional modification;
(2) An amount determined by recomputing as of July 1, 1975, the allowance of such husband so that Option 2 shall apply only with respect to that part of his wife's allowance without optional modification which is in excess of the amount in Subdivision (1) of this Subsection (b):
(3) An amount equal to the total of all increases made in such wife's allowance pursuant to Subsection (A) and (B) of Section 8.526 of the Charter (formerly Section 164.1 of the Charter of 1932).
(c) If at retirement such husband's wife elected to receive her allowance after modification under Option 3 and designated her husband as beneficiary under said Option 3, said Option 3 is hereby revoked effective July 1, 1975, and, for time commencing July 1, 1975, such husband shall receive an allowance in an amount equal to ½ of his wife's retirement allowance as it was prior to optional modification under said Option 3.
The allowances determined pursuant to the provisions of Subsections (a), (b) and (c) of this Section shall be the allowances upon which adjustments pursuant to Section 8.526 of the Charter shall be based.
The provisions of this Section 16.80-6.1 shall not give any beneficiary, or his successors in interest, any claim or right against the City and County for any increase in or modification of any retirement allowance in effect prior to the effective date of this Section, other than as specifically provided in this Section; nor for any increase in any allowance paid or payable for time prior to July 1, 1975.
(Added by Ord. 207-75, App. 5/21/75)
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