(A) (1) A member who has satisfied the applicable age and service requirement set forth below may at any time prior to the effective date of his or her retirement, but not thereafter, elect option 2 provided in § 32.016(J) of this chapter and nominate a beneficiary whom the Commission finds to be dependent upon the member for at least 50% of his or her financial support:
(a) Any age, and ten or more years of credited service, if he or she is a police officer or firefighter member;
(b) Age 60 years and ten or more years of credited service or 25 or more years of credited service without regard to age if he or she is a hospital member;
(c) Age 60 years and ten or more years of credited service or 25 or more years of credited service without regard to age if he or she is a municipal service member; and/or
(d) Any age and ten or more years of credited service if he or she is a general member.
(2) Prior to the effective date of his or her retirement, but not thereafter, a member may revoke his or her election of option 2 and nomination of beneficiary and he or she may, prior to the effective date of his or her retirement, again elect said option 2 and nominate a beneficiary as provided in this division (A)(2). Upon the death of a member who has an option 2 election in force his or her beneficiary, if living, shall immediately receive a retirement allowance which is the option 2 equivalent of a retirement allowance computed according to § 32.016(C) of this chapter if the member was a police officer or firefighter member, or computed according to § 32.016(D) of this chapter if the member was a hospital member, or computed according to § 32.016(E) of this chapter if the member was a municipal service member, or computed according to § 32.016(F) of this chapter if the member was a general member, in the same manner in all respects as if the member had retired the date preceding the date of his or her death, notwithstanding that he or she might not have attained his or her applicable voluntary retirement age. If a member has an option 2 election in force at the time of his or her retirement, his or her said election of option 2 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 take his or her retirement allowance as a straight life allowance or under another option provided in §§ 32.016(J) or 32.018 of this chapter. No benefit shall be paid under this division (A)(2) on account of the death of a member if any benefits are paid under § 32.021 of this chapter on account of his or her death.
(B) (1) If a member has satisfied the applicable age and service requirements set forth below and does not have an option 2 election provided in division (A) above in force and dies while in the employ of the city and leaves a widow or a widower, the widow or widower shall immediately be paid a retirement allowance which is the option 2 equivalent of a retirement allowance computed according to § 32.016(C) of this chapter if the member was a police officer or firefighter member, or computed according to § 32.016(D) of this chapter if the member was a hospital member, or computed according to § 32.016(E) of this chapter if the member was a municipal service member, or computed according to § 32.016(F) of this chapter if the member was a general member, 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 attained his or her applicable voluntary retirement age, elected option 2 provided in § 32.016(J) of this chapter and nominated his or her widow or widower as beneficiary:
(a) Any age, and ten or more years of credited service, if he or she is a police officer or firefighter member;
(b) Age 60 years and ten or more years of credited service, or 25 or more years of credited service without regard to age, if he or she is a hospital member;
(c) Age 25 years and ten or more years of credited service, if he is a municipal service member. The retirement allowance payable on account of the death of a municipal service member shall terminate upon the remarriage of the widow or widower unless the member at the time of his death either:
1. Had 25 or more years of credited service; or
2. Was age 60 years or older and had ten or more years of credited service.
(d) Any age and ten or more years of credited service if he or she is a general member.
(2) No benefit shall be paid under this division (B)(2) on account of the death of a member if any benefits are paid under § 32.020 of this chapter on account of his or her death. The surviving spouse of a deceased general member, police member or a fire member may elect in writing, prior to payment of any pension benefits, to be paid the deceased member’s accumulated contributions in a lump sum in accordance with § 32.017 of this chapter.
(Prior Code, § 2-228) (Ord. 368, passed 9-25-1967; Ord. 415, passed 2-9-1970; Ord. 490-A, passed 12-4-1972; Ord. 514, passed 1-28-1974; Ord. 586, passed 5-9-1972; Ord. 686, passed 3-2-1981)