§ 35.039  SURVIVOR BENEFITS UPON DEATH OF A VESTED PARTICIPANT.
   (A)   If a former or active participant with a vested benefit dies before his or her normal retirement date and is legally married at the time of the participant’s death, then the participant’s spouse shall be entitled to a survivor spousal pension. The survivor spousal pension benefit, except as otherwise provided for firefighter and police participants, will be the actuarial equivalent of the benefit to which the surviving spouse would have been entitled if the participant had retired or terminated service with the city on the day before his or her death and elected his or her vested benefit to be paid in the form of a joint and 50% spousal survivor annuity, commencing at the participant’s normal retirement date. The surviving spouse of a participant shall have an option to elect commencement of the joint and 50% spousal survivor annuity pension benefit prior to the participant’s normal retirement date, subject to appropriate actuarial adjustment for early commencement. If a participant leaves no spouse surviving at the time of death, then a survivor pension benefit based on the participant’s vested benefit shall be payable monthly to the legally appointed guardian of any dependent or dependents of the deceased participant until the youngest child is no longer considered a dependent, for the use and benefit of the dependent or dependents, in an actuarially equivalent amount, determined as if the deceased participant had been married at the time of his or her death to a spouse of the same age, had retired or terminated service with the city on the day before his or her death, and had elected to have his or her vested benefit paid in the form of a joint and 50% spousal survivor annuity, actuarially adjusted (in the case of death before the participant’s normal retirement date) as, if the surviving spouse had elected early commencement.
   (B)   If a former or active participant with a vested benefit dies before his or her normal retirement date and is a party to a civil union at the time of the participant’s death, then the participant’s qualified domestic partner shall be entitled to a survivor qualified domestic partner pension. The survivor qualified domestic partner pension benefit, except as otherwise provided for firefighter and police participants, will be the actuarial equivalent of the benefit to which the surviving qualified domestic partner would have been entitled if the participant had retired or terminated service with the city on the day before his or her death and elected his or her vested benefit to be paid in the form of a joint and 50% qualified domestic partner survivor annuity, commencing at the participant’s normal retirement date. The surviving qualified domestic partner of a participant shall have an option to elect commencement of the joint and 50% qualified domestic partner survivor annuity pension benefit prior to the participant’s normal retirement date, subject to appropriate actuarial adjustment for early commencement. If a participant leaves no qualified domestic partner surviving at the time of death, then a survivor pension benefit based on the participant’s vested benefit shall be payable monthly to the legally appointed guardian of any dependent or dependents of the deceased participant until the youngest child is no longer considered a dependent, for the use and benefit of the dependent or dependents, in an actuarially equivalent amount determined as if the deceased participant had been a party to a civil union at the time of his or her death to a qualified domestic partner of the same age, had retired or terminated service with the city on the day before his or her death, and had elected to have his or her vested benefit paid in the form of a joint and 50% qualified domestic partner survivor annuity, actuarially adjusted (in the case of death before the participant’s normal retirement date) as if the surviving qualified domestic partner had elected early commencement.
(Ord. passed 1-24-2011)