(a) Generally. Any member of the fire department as defined in section 31-30.5-103(l), C.R.S., who has met the eligibility requirement for normal retirement, as established by subsection 102-190(a), shall be eligible to receive a service retirement monthly pension equal to one-half of the current (rank escalation) highest monthly base salary paid for the rank held by such former member at the time of termination of employment with the department thereafter, so long as the member is in retirement, plus one-half of the annual longevity pay and longevity credit earned by the member prior to January 1, 2005. Such monthly pension shall be paid regardless of income or earnings which the retirant receives from any other source.

(b) Normal retirement survivor benefit; calculation for spouse. If a firefighter receiving a normal retirement benefit dies, the surviving spouse and/or alternate payee shall receive, until death, a monthly pension. The total benefit payable to the surviving spouse and alternate payee shall not exceed 66 percent of the benefit, which includes rank escalation, paid to the deceased.

(c) Payment to dependent minor children. There shall be paid to the surviving spouse or the legally appointed guardian of each child of such deceased member of the fire department a monthly payment of $30.00 for each child, to continue until such child reaches the age of 18 years or under the age of 24 years if a full-time student as defined by the IRS code. If such spouse should die or there be no surviving spouse as above limited and described but a surviving child or children under the age of 18 years or under the age of 24 years if a full-time student as defined by the IRS code, there shall be paid a monthly amount equal to the full payment to which such firefighter spouse would have been entitled had the spouse survived, less any amount previously disposed of to an alternate payee under an approved domestic relations order, to be divided equally among the children or a monthly payment of $30.00 for each surviving child, whichever total amount is greater, to the guardian of the children for the benefit of the children.

(d) Rights on nonvoluntary separation after 20 years' service. A member of the fire department who has 20 years of credited service but who has not attained the age of 50 years and who becomes physically/mentally incapacitated from continuing in service for some reason not connected with the performance of duties or by reason of service may apply for a normal retirement pension. In cases where a special position or assignment can or may be assigned to such member, the member may be assigned to such special position or assignment. (Code 1979, § 15-126; Ord. No. 2005-03, § 5, 2-28-2005; Ord. No. 2000-75, § 5, 7-17-2000; Ord. No. 2000-27, § 4, 4-24-2000)