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(a) Death and survivor benefits for active members. Under this article, the extent and amount of death and survivor benefits are dependent upon the work status of the member. If the member dies during active or temporary disability status before eligibility for normal or delayed pension benefits, the death and survivor benefits are to be determined by the retirement association in accordance with state law. If an active member is eligible for a normal pension benefit and the member dies, the pension benefit for the survivor shall be determined in accordance with the provisions of this article which govern benefits payable to the survivor of retirees receiving normal or delayed pension benefits. If a member is retired from active service, the death and survivor benefits are determined by reference to this article.

In accordance with state law, death and survivor benefits are established by state statute and administered by the retirement association from a fund which is solely supported by state contributions. The conditions for receiving and the amounts payable are specified by state law. Upon the death of any member, the board shall forthwith certify any and all information required by the FPPA.

(b) Death of a member who retired prior to May 1, 1991. When any retirant or member eligible to retire shall die and leave an alternate payee, spouse, dependent mother or father, or child or children under the age of 18 years surviving, such beneficiaries shall receive a monthly allotment as provided for in this section.

(1) Definition of a death benefit. The monthly payment as authorized by the board, of an amount equal to one-fourth of the current (rank escalation) highest monthly salary paid that rank or grade plus longevity which such deceased retirant or deceased member held, multiplied by a fraction with the numerator being the total years of active service, up to a maximum of 30, and the denominator being 20 regardless of whether retirant worked more than 20 years; however, in no case shall the numerator be less than 20.

(2) Order of succession. If at the time of death there exists an alternate payee, such alternate payee is entitled to the death benefit provided for under the approved domestic relations order. If at the time of death there exists a surviving spouse, such spouse is entitled to the death benefit not previously disposed of under an approved domestic relations order to an alternate payee as the primary beneficiary. The death of the primary beneficiary, after the commencement of death benefit payments, shall cause the death benefit previously paid to the surviving spouse to be paid to the surviving child(ren), in equal portions, as secondary beneficiary until such child(ren) attains the age of 18 years. If all primary and secondary beneficiaries die or are nonexistent, the death benefit not previously disposed of under an approved domestic relations order to an alternate payee shall be paid to surviving dependent mother and father, if any, in equal portions.

(3) Minor children. Regardless of whether the child of the deceased retirant receives death benefits as a secondary beneficiary, such child shall receive until attaining the age of 18 an amount equal to one-eighth of the current (rank escalation) highest monthly salary paid that rank or grade plus longevity, which the deceased retirant or deceased member held, multiplied by the fraction stated in subsection (b)(1) of this section.

The maximum amount of death benefits payable under this subsection shall in no event exceed that amount of pension benefit which the deceased retirant shall have received had he or she survived. The rank escalator benefit, as defined in subsection (b)(1) of this section, shall be applied to both the one-fourth death benefits and the one-eighth minor children death benefits.

(c) Death of member who retired after May 1, 1991. When any retirant or member eligible to retire shall die and leave an alternate payee, spouse, dependent mother or father, or child or children under the age of 18 years, or child or children under the age of 24 years, if a full-time student as defined by the IRS code, surviving, such beneficiaries shall receive a monthly allotment as provided for in this section.

(1) Definition of death benefit. The surviving spouse shall receive a monthly payment, as authorized by the board, of an amount equal to 75 percent or 100 percent if the surviving spouse has a child under 18 years, or under 24 years, if a full-time student as defined by the IRS code of the benefit, which includes rank escalation, paid the deceased. This benefit shall be reduced by the amount previously disposed of under an approved domestic relations order to an alternate payee.

(2) Order of succession. If at the time of death there exists an alternate payee, such alternate payee is entitled to the death benefit provided for under the approved domestic relations order. If at the time of death there exists a surviving spouse, the spouse is entitled to the death benefit not previously disposed of under an approved domestic relations order to an alternate payee as the primary beneficiary. The death of the primary beneficiary, after the commencement of death benefit payments, shall cause 100 percent of the benefit previously paid to the surviving spouse, which includes rank escalation, of the deceased to be paid to the surviving child or children, in equal portions, as secondary beneficiary until such child or children attains the age of 18 years or 24 years, if a full-time student as defined by the IRS code. Upon attaining the age of 18 years, or 24 years, if a full-time student as defined by the IRS code, each child's entitlement to his or her share of the benefit shall terminate and cease to be paid and the remaining child's share shall be adjusted so that the benefit is paid equally as between the children. If all primary and secondary beneficiaries die or are nonexistent, the death benefit (75 percent) shall be paid to surviving dependent mother and father, if any, in equal portions. This benefit shall be reduced by the amount previously disposed of under an approved domestic relations order to an alternate payee.

The maximum amount of death benefits payable under this subsection shall in no event exceed the amount of pension benefit which the deceased retirant shall have received had he or she survived. The rank escalator benefit, as defined in subsection (b)(1) of this section, shall be applied to all death benefits.

(d) Survivor benefits for deaths during military service. Effective January 1, 2007, if a member dies while performing qualified military service (within the meaning of section 414(u)(1) of the code), the member shall be treated as having terminated employment with the city due to his death for purposes of any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan. (Code 1979, § 15-95; Ord. No. 2011-48, § 4, 1-9-2012; Ord. No. 2001-20, § 2, 3, 5-14-2001; Ord. No. 2000-75, § 10, 7-17-2000)