§ 13-32. Preretirement death.

In the event a member dies prior to retirement:

(a)

[Refund of accumulated contributions.] A spouse beneficiary may, in lieu of any benefit provided for in this section, elect to receive a refund of the deceased member's accumulated contributions.

(b)

Service connected. A death benefit shall be payable on behalf of any member who dies as a direct result of an occurrence arising in the performance of duty, as follows:

(1)

To the spouse, until death, a monthly benefit equal to the accrued pension benefit on the date of death, but not less than fifty (50) percent of the member's salary at the time of death.

(2)

If there is no spouse, or upon the death of the spouse, for each unmarried child until he shall have reached the age of eighteen (18), or until the age of twenty-two (22) if a full-time student in a fully accredited high school, college, or university, there shall be paid in equal monthly installments an amount equal to fifteen (15) percent of the rate of the member's salary. The nonstudent child's pension shall terminate on the earlier of death, marriage or the attainment of age eighteen (18). Legally adopted children shall be eligible the same as natural children. The maximum total amount payable to all such children shall be fifty (50) percent of the rate of the member's salary.

(c)

Nonservice connected. The death benefit payable to the designated beneficiary of a member who becomes deceased as a result of an occurrence which is not service related or who has no surviving spouse or dependent child shall be a monthly life annuity benefit which is the actuarial equivalent of the pension benefit the member had accrued on the date of death.

(d)

Additional regulations with spouse as beneficiary. Notwithstanding subsections (b) and (c) above, in the event a member or terminated vested person, with ten (10) or more years of credited service, dies prior to retirement or prior to receipt of benefits, his beneficiary shall be entitled to the accrued normal or early retirement benefit payable at the deceased member's early or normal retirement age less the value of any benefits paid or payable under subsection (b) or (c) above.

(1)

Notwithstanding anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained seventy and one-half (70½).

(2)

If the surviving spouse beneficiary commences receiving a benefit under subsection (a) or (b) above, but dies before all payments are made, the actuarial value of the remaining benefit will be paid to the spouse beneficiary's estate in a lump sum.

(e)

Additional regulations with non-spouse as beneficiary. Notwithstanding subsections (a) and (b) above, in the event a member or terminated vested person, with ten (10) or more years of credited service, dies prior to retirement or prior to receipt of benefits, his or her beneficiary shall be entitled to the accrued normal or early retirement benefit payable beginning by December 31 of the calendar year immediately following the calendar [year] in which the member died. The benefit will be calculated as for normal retirement based on the deceased member's credited service and average final compensation and actuarially reduced to reflect the commencement of benefits prior to the normal retirement date.

(1)

If a surviving beneficiary commences receiving a benefit under subsection (b) or (c) above, but dies before all payments are made, the actuarial value of the remaining benefit will be paid to the surviving beneficiary's estate by December 31 of the calendar year of the beneficiary's death in a lump sum.

(2)

If there is no surviving beneficiary as of the member's death, and the estate is to receive the benefits, the actuarial equivalent of the member's entire interest must be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death.

(3)

The Uniform Lifetime Table in Treasury Regulations section 1.401(a)(9)-9 shall determine the payment period for the calendar year benefits commence, if necessary to satisfy the regulations.

(Ord. No. O-10-19, § 1, 7-26-10)