§ 2-1185. Death benefits.

(a)

Death before retirement. Upon death of a member of the retirement system for any cause prior to retirement, these amounts shall be payable as full and final settlement of any and all claims for benefits under this retirement system:

(1)

If the Tier 1 member had less than five years of creditable service or a Tier 2 member had less than ten years of creditable service, the member's surviving spouse shall be paid in a lump sum the amount of accumulated contributions and interest. If there be no surviving spouse, payment shall be made to the member's designated beneficiary, or, if none, to the executor or administrator of the member's estate.

(2)

If the Tier 1 member had five but less than 20 years of creditable service or a Tier 2 member had 10 but less than 20 years of creditable service, the member's surviving spouse may elect, in lieu of the lump sum settlement provided for in subsection (a)(1) of this section, an annuity. Such annuity shall be one-half of the member's accrued annuity at date of death as computed in sections 2-1174 and 2-1176. The effective date shall be the latter of the first day of the month after the member's death or attainment of what would have been the member's early retirement date as provided in section 2-1174.

(3)

If the member had 20 or more years of creditable service, the member's surviving spouse may elect, in lieu of the lump sum settlement provided for in subsection (a)(1) of this section, the larger of the annuity as computed in subsection (a)(2) of this section or an annuity determined on a joint and survivor's basis from the actuarial value of the member's accrued annuity at date of death.

(4)

Any death of a retired member occurring before the date of first payment of the retirement annuity shall be deemed to be a death before retirement.

(b)

Death after retirement. Upon death of a member for any cause after retirement, these amounts shall be payable:

(1)

The member's surviving spouse, providing the marriage occurred on or before date of retirement, shall receive an annuity equal to one-half the member's accrued annuity as computed under section 2-1174 or section 2-1176 as of the member's actual retirement date.

(2)

If the member elected the actuarial equivalent annuity provided in section 2-1176(b), the same annuity shall be continued to the surviving spouse, provided the marriage occurred on or before date of retirement.

(3)

The current life insurance carrier for the city has established a single premium group term life program based upon the premium stabilization reserve at May 1, 1993. During the program's existence only, the carrier will issue paid term insurance to members who retire on or after May 1, 1993. Upon verification of death, the earner will issue a $2,000.00 benefit to the member's designated beneficiary or estate.

(c)

Recovery of member contributions.

(1)

Should the total amount paid to a member and surviving spouse be less than the member's accumulated contributions and interest, the remaining balance shall be paid to the member's beneficiary, constituting full and final settlement of any and all claims for benefits under this retirement system.

(2)

If no beneficiary is designated or survives, payment shall be made to the executor or administrator of the member's estate; provided, however, if any benefit is payable to the estate of a member, or to a person who is not competent to give a valid release, the board of trustees is authorized to pay such benefit, not exceeding $2,000.00, to any relative by blood or affinity of the member, or a person managing the member's affairs, who is deemed by the board to be equitably entitled thereto.

(d)

Minimum surviving spouse pension. A minimum benefit of $200.00 per month is established for surviving spouses of members with ten or more years of creditable service. Such minimum shall apply to current as well as future surviving spouses, effective with pension checks dated July 1, 1999. Any annual cost-of-living adjustment shall be based on the original amount without reference to this minimum.

(Admin. Code 1967, § A9.8; Ord. No. 35794, 11-27-68; Ord. No. 39110, 1-15-71; Ord. No. 43906, 4-11-74; Ord. No. 44932, 1-3-75; Ord. No. 61652, 11-5-87; Ord. No. 930282, 4-8-93; Ord. No. 98144, § 1, 12-29-98; Ord. No. 000865, § 2, 7-13-00; Ord. No. 140035, § 1, 2-20-14 )