(a) A member who continues in city service as a firefighter on or after the date the member acquires ten years of credited service and dies while in the service of the city, and leaves a spouse, the spouse shall receive a pension computed in the same manner in all respects as if the member had retired effective the day preceding the date of the death, notwithstanding that the member may not have attained the voluntary retirement age, elected option 2 provided for in § 39.317 and nominated the spouse as beneficiary. The spouse’s pensions shall be subject to § 39.321, and shall terminate upon death. No pension shall be paid under this section on account of the death of a member if any benefits are paid under § 39.322 on account of the member’s death. Any benefits paid under this section shall comply with the distribution rules in § 39.322(b)(7).
(b) In addition to the pension benefit, if any, payable to the deceased member’s spouse, their eligible child or children or eligible handicapped child shall each receive a pension of $200 per month, and shall be subject to § 39.321. A child’s pension shall terminate upon attainment of age 18, adoption, marriage or death. A handicapped child’s pension shall terminate upon adoption, marriage, full recovery from handicap or death. 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 § 39.322 on account of the member’s death.
(1957 Rev. Ords., § 2.114; 1992 Code, § 35-104) (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)