(a) Any member who has ten or more years of credited service may at any time prior to the effective date of his or her retirement, but not thereafter, elect option B provided in § 39.236 in the same manner as if he or she were then retiring from city employment, and nominate a beneficiary whom the board finds to be dependent upon the member for financial support. Prior to the effective date of the member's retirement, the member may revoke his or her election of option B and nomination of beneficiary and he or she may again elect the option B and nominate a beneficiary as provided in this division (a). His or her election of option B and nomination of beneficiary shall be automatically revoked upon the marriage or death of the beneficiary prior to the member's retirement. Upon the death of a member who has an option B election in force, the beneficiary shall immediately receive a retirement allowance computed according to the applicable § 39.230 or § 39.231 in the same manner in all respects as if the member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have satisfied the applicable age and service requirements for retirement provided in § 39.227. The retirement allowance payable to the beneficiary shall not be less than $360 per year and shall be subject to § 39.244. If a member has an option B election in force at the time of his or her retirement, his or her election of option B and nomination of beneficiary shall thereafter continue in force, provided, however that prior to the effective date of the member's retirement, he or she shall have the right to elect to receive his or her retirement allowance as a straight life retirement allowance or under another option provided in § 39.236. No retirement allowance shall be paid under this division (a) on account of the death of a member if any benefits are or will become payable under § 39.245 on account of their death.
(b) (1) If a member has ten or more years of credited service and does not have an option B election provided in division (a) above in force, and dies while in the employ of the city, and leaves a spouse, the following benefits shall be paid:
A. 1. The spouse shall immediately receive a retirement allowance computed according to the applicable § 39.230 or § 39.231 in the same manner in all respects as if the member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have satisfied the applicable age and service requirements for retirement provided in § 39.227, elected option B provided in § 39.236 and nominated his or her spouse as beneficiary; and
2. The retirement allowance payable to the spouse shall not be less than $360 per year and shall be subject to § 39.244.
B. If the deceased member does not leave a spouse eligible to receive a retirement allowance provided in this division (b), his or her accumulated contributions account at the time of his or her death shall be paid in accordance with § 39.247(b); and
C. In addition to the retirement allowance, if any, payable to the deceased member's spouse, their eligible children or eligible handicapped child shall each receive a pension of $200 per month, and shall be subject to § 39.244. A child's pension shall terminate upon attainment of age 18 years, adoption, marriage or death. A handicapped child's pension shall terminate upon adoption, marriage, full recovery from handicap or death.
(2) No benefits shall be paid under this division (b) on account of the death of a member if any benefits are or will become payable under § 39.245 on account of the member's death.
(c) Any benefits paid under this section shall comply with the distribution rules in § 39.245(b).
(1957 Rev. Ords., § 2.529; 1992 Code, § 35-41) (Ord. 49-80, passed 6-9-1980; Ord. 110-89, passed 10-16-1989; Ord. 110-90, passed 12-3-1990; Ord. 104-92, passed 12-7-1992; Ord. 118-16, passed 12-20-2016)