§ 2-65. Preretirement death.

(a)

Service-incurred death. A death benefit shall be payable in behalf of any member (general employee or firefighter) who is killed or dies as a direct result of an occurrence arising in the performance of service. The benefits shall be payable as follows:

(1)

To the spouse of a general employee, until the earlier of death or remarriage, a monthly benefit equal to twenty (20) percent of the member's rate of monthly earnings at the time of death.

(2)

If there is no spouse, the benefit shall be paid to the member's surviving children until the youngest child reaches the age of eighteen (18) years. The benefit shall be divided equally among the surviving children who are under the age of eighteen (18) years.

(3)

Upon remarriage or death of the spouse of a general employee, the benefit shall be paid to the member's surviving children until the youngest child reaches the age of eighteen (18) years. The benefit shall be divided equally among the surviving children who are under the age of eighteen (18) years. Upon the death of the spouse of a firefighter, the benefit shall be paid to the member's surviving children until the youngest child reaches the age of eighteen (18) years. The benefit shall be divided equally among the surviving children who are under the age of eighteen (18) years. As each child reaches the age of eighteen (18), the benefit shall be recalculated among the remaining children under the age of eighteen (18) years. The plan's liability for a payment to minor children shall be unaffected by the total number of children.

(b)

Nonservice-incurred death benefit for members eligible for early or normal retirement benefit. A death benefit shall be payable on behalf of any member who at time of death is actively employed and who at such time is eligible for an early or normal retirement benefit. The benefit shall be as follows:

(1)

If, at the time of death of a general employee or a firefighter, such member has a spouse, the benefit shall be determined and paid as a fifty-percent joint and survivor annuity, the reduced amount to be payable to the widow(er) until death, in the case of a firefighter, or, in the case of a general employee, death or remarriage. Upon remarriage or death of the widow(er) of a general employee, the benefit shall be paid to or in behalf of the member's surviving children until the youngest child reaches the age of eighteen (18) years. The benefit shall be divided equally among the surviving children who are under the age of eighteen (18) years. As each child reaches the age of eighteen (18) years, the benefit shall be recalculated among the remaining children under the age of eighteen (18) years. The liability of the plan shall not be affected by the number of children. Upon the death of the widow(er) of a firefighter, the benefit shall be paid to or on behalf of the member's surviving children until the youngest child reaches the age of eighteen (18) years. The benefit shall be divided equally among the surviving children who are under the age of eighteen (18) years.

(2)

If, at time of death, there is no spouse, the benefit shall be determined on a ten-year certain and life-option basis. The benefit shall be paid to the member's surviving children, if any, until the youngest child reaches the age of eighteen (18) years. The benefit shall be divided equally among the surviving children who are under the age of eighteen (18) years. If the youngest child reaches the age of eighteen (18) prior to ten (10) years of benefit payments, the benefit shall continue for the remainder of the ten-year period.

(c)

Additional provisions applicable to all preretirement death benefits:

(1)

The manner of handling and administering the pension benefit to any child or children shall be determined by the board including the establishment of a trust for the benefit of said child or children. However, funds payable by the board to any such trust shall be for maintenance, health and education of said child or children during the period of existence of any such trust. No survivor pension shall be paid to any stepchild of a deceased member who had not been legally adopted by such member.

(2)

For the purpose of benefits under this act [division] the date of death of any member shall be established as the end of the calendar month in which such member dies.

(Ord. No. 77-121, § 5, 6-2-77; Ord. No. 83-112, § 1(5), 3-14-83; Ord. No. 88-100, § 5, 2-8-88; Ord. No. 970-9-145, § 6, 9-29-97)