§ 2.64.230. Death benefits of widows and children.

In case of the death of any participant, whether death occurs before or after retirement of such participant, his widow and children shall be entitled to receive monthly death benefits from such fund, the amount of which shall be determined by and based on whether the person was first a fund participant before September 1, 2011 or was first a fund participant on or after September 1, 2011, in accordance with the following schedules:

A.

If the participant leaves a widow but no children, the widow shall receive two-thirds of the amount such participant, if retired, was receiving at the time of his death; or, if such participant was not retired at the time of his death, either (1) two-thirds of the amount he would have been entitled to receive if he had been retired as of the date of his death, or (2) the amount he would have been entitled to receive at the time of his death if he had selected optional retirement settlement (2) prior to death, whichever of the latter two amounts is the greater.

B.

If such participant leaves a child or children under nineteen years of age, but leaves no widow, such child or children under nineteen years of age shall receive an amount equal to that hereinabove provided for a widow with no children, such amount to be equally divided among such children under nineteen years of age, if there be more than one. Such payments shall continue in the same total amount until all such children die, marry or attain the age of nineteen years, whichever shall happen first, but only those who are still under nineteen years of age and married shall participate therein, except:

1.

If such children or child is incapacitated because of mental or physical disability, payments shall continue in the same total amount until such children or child dies, marries or recovers, whichever happens first.

2.

An incapacitated child or children who are over nineteen years of age at the time of death of the employee shall receive an amount equal to that hereinabove provided for a child or children under nineteen years of age with no widow until such children or child dies, marries or recovers, whichever happens first.

3.

The incapacitation shall be determined by the board, and payments may be discontinued at any time by the board on proof that the child or children are not incapacitated. The board's determination as to incapacitation shall be final and conclusive on all parties.

C.

If such participant leaves a widow and a child or children under nineteen years of age, the widow shall receive for the joint benefit of herself and such child or children an amount equal to the full pension received by such participant, if retired, or, if he was not retired, the amount he would have been entitled to receive at the date of his death. Such payments shall continue until all of such children die, marry or attain the age of nineteen years, whichever shall happen first; and thereafter the widow shall receive the amount hereinabove provided for a widow with no children. If the widow dies the child or children under nineteen years of age and unmarried shall, thereafter, receive the amount hereinabove provided for a child or children with no widow.

1.

If such children or child is incapacitated because of mental or physical disability, payments shall continue in the same total amount until such children or child dies, marries or recovers, whichever happens first.

2.

An incapacitated child or children who are over nineteen years of age at the time of death of the widow shall receive an amount equal to that hereinabove provided for a child or children under nineteen years of age with no widow until such children or child dies, marries or recovers, whichever happens first.

3.

The incapacitation shall be determined by the board, and payments may be discontinued at any time by the board on proof that the child or children are not incapacitated. The board's determination as to incapacitation shall be final and conclusive on all parties.

D.

If the participant leaves a widow and a child or children under nineteen years of age who are not the child or children of such widow, the board of trustees may in its discretion order the death benefits for widow and children to be paid to the widow for the benefit of herself and such child or children; or the board may order one-half of such amount to be paid to the widow for her own benefit and one-half to be paid to such child or children.

E.

If a participant who is working at the time that he dies, leaving a widow, and a child or children under nineteen years of age, or either thereof, and such deceased employee, regardless of age at the time of death, shall have completed seven years of pension credited service with the city or other approved employer at the time of death, his widow and child or children under nineteen years of age, or either of them, shall be entitled to receive monthly pension benefits from the pension fund as provided in this section. The widow, and/or child or children under nineteen years of age, of such deceased participant, who elect to receive a refund of such deceased participant's contributions, shall have two years from the date of receipt of said refunds, to repay the refund with interest at the rate of seven and one-half percent per annum and elect to receive survivor benefits. A widow, and/or child or children under nineteen years of age, of such deceased participant, who elect to repay such refund shall, upon payment if such refund, be entitled to survivor benefits as provided in this section as of the date of such participant's death.

1.

If a participant who has contributed to the fund shall die leaving a widow, and a child or children under nineteen years of age, or either thereof, and such deceased participant has not completed seven years of service credit with the city at the time of death, the amount which such deceased participant has himself contributed to such fund shall be paid to such survivors. Payments shall be divided between the survivors or paid to the widow or some other persons for the benefit of the children, in like manner as the case of death benefits.

F.

The word "widow" as used in this chapter includes "widower" and means a participant's surviving spouse.

G.

A stepchild of a participant shall be entitled to the same benefits as a child, if at the time such rights accrued the stepchild was a member of the participant's family and supported by him.

H.

No person shall be deemed a "widow" within the meaning of this chapter if the marriage of such person with the participant was contracted after the participant's retirement.

I.

The right of a widow to benefit under this chapter shall terminate upon her death or remarriage. The right of any child shall terminate upon death, marriage or attainment of the age of nineteen years, whichever shall happen first, except the right of any child who is incapacitated because of mental or physical disability shall terminate upon death, marriage or recovery, whichever happens first. Dissolution of the marriage of a child shall not restore such child's right to participate.

J.

Whenever payments are made hereunder to a widow for the sole benefit of a child or children, if the board of trustees finds that such payments are not being used for the sole benefit of such child or children, it may order such payments to be made to the child or children instead of to the widow. Whenever payments are made hereunder to a widow for the joint benefit of herself and a child or children, if the board of trustees finds that such payments are not being reasonably used for such joint purposes, it may order one-half of such payment to be made to the widow and one-half to the child or children.

K.

Whenever any payment is made under this chapter to a child or children, otherwise than to a widow for their benefit, it shall be made to the legally appointed guardian of the child or children, if there be one; and if there be no legally appointed guardian such payment may be made to any person standing in loco parentis to such child or children, as found from time to time by the board of trustees.

L.

In any case in which the participant dies as a result of an accident which occurs in the course of his employment with the city, the benefits payable under this section to the surviving spouse or children or both, shall be the greater of five hundred fifty dollars per month or the amount which they would have been entitled to receive if the participant had been in the city service or the service of another approved employer, thirty years and had reached the age of seventy which amount shall be determined by and based on whether the person was first a fund participant before September 1, 2011 or first a fund participant on or after September 1, 2011 and as further provided in this chapter.

(Ord. 12428, 1995; prior code § 17-11)

(Ord. No. 17637, § 10, 8-30-2011)