297.20 NONDUTY DEATH BENEFITS.
   (a)   Any member who continues in the employ of the City on or after the date he or she either acquires twenty-five years of credited service, or attains sixty years of age and 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 A provided for in Section 297.16, in the same manner as if he or she were then retiring from the employ of the City, and nominate a beneficiary whom the Board of Trustees finds to be dependent upon him or her for at least fifty percent of his or her support due to lack of financial means. Prior to the effective date of his or her retirement, but not thereafter, the member may revoke such election of Option A and nomination of beneficiary, and he or she may again elect Option A and nominate a beneficiary as provided in this section. Upon the death of a member who has an Option A election in force, his or her beneficiary, if living, shall immediately receive the same pension to which the beneficiary would have been entitled had the member retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained sixty years of age. If a member has an Option A election in force at the time of his or her retirement, his or her election of Option A and nomination of beneficiary shall thereafter continue in force, unless, prior to the effective date of his or her retirement, he or she elects to receive his or her pension as a straight life pension or according to an option provided for in Section 297.16. No benefits shall be paid under this section on account of the death of a member if any benefits are paid under Section 297.21 on account of his or her death.
   (b)   If any member who continues in the employ of the City on or after the date he or she either acquires twenty-five years of credited service, or attains sixty years of age and has ten or more years of credited service, who does not have an Option A election in force as provided in subsection (a) hereof, dies while in the employ of the City and leaves a spouse whom the Board finds to be totally and permanently disabled and to have been dependent upon the member for at least fifty percent of his or her support, the spouse shall immediately receive the same pension to which the spouse would have been entitled if the member had:
      (1)   Retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained sixty years of age;
      (2)   Elected Option A provided for in Section 297.16; and
      (3)   Nominated such spouse as beneficiary.
   No benefits shall be paid under this section on account of the death of a member if any benefits are paid under Section 297.21 on account of his or her death.
(1974 Code § 1.225)