§ 31-63. Benefits upon death of terminated vested member.

(a)

Following the death of any vested member whose death occurs prior to the member making application for retirement benefits, payments shall be made from the fund in accordance with the following provisions of this section commencing on the first day of the month after a proper application for such benefits is submitted by the eligible beneficiary to the city's department of finance. The benefits provided for in subsections (b) and (c) of this section shall be based upon the provisions in effect at the deceased member's most recent date of termination of service with a participating employer.

(b)

If the member is survived by a spouse, there shall be payable to said spouse, until the death or remarriage of the spouse, a benefit equal to fifty (50) percent of the annual retirement benefit to which the member would have been entitled had the member started receiving benefits on the date of attainment of the earliest retirement age. The benefit provided by this subsection shall not commence until such time as the deceased member would have been eligible to retire based on age.

(c)

If the member is not survived by a spouse, or the surviving spouse dies, and the member is survived by one (1) or more dependent children, then the benefit which would have been or was payable to the surviving spouse under the provisions of subsection (b) of this section, shall be payable to, or for the benefit of, the surviving child or children pro-rata. If a member is survived by more than one (1) dependent child, and if one (1) or more of them subsequently becomes ineligible to receive a share of the benefit, then the benefit shall be shared equally by the remaining eligible children.

(d)

The benefits provided for in this section shall be payable to a recipient only as long as the recipient is eligible to receive such benefits based on the provisions of this section and evidence acceptable to the board.

(Ord. No. 4008-90; Ord. No. 5830-02; Ord. No. 6434-07, § 1)

(Ord. No. 4008-90; Ord. No. 5830-02; Ord. No. 6434-07, § 1)