§ 2-1333. Death benefits.

(a)

Death before retirement. Upon death of an elected official for any cause prior to retirement, these amounts shall be payable as full final settlement of any and all claims for benefits under the retirement system established in this division:

(1)

If the elected official had less than four years of creditable service, the elected official'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 elected official's estate.

(2)

If the elected official had four but less than 20 years of creditable service, the elected official's surviving spouse may elect, in lieu of the lump sum settlement described in subsection (a)(1) of this section, an annuity. Such annuity shall be half of the elected official's accrued annuity at date of death. The effective date shall be the latter of the first day of the month after the elected official's death or attainment of what would have been the elected official's early retirement date as provided in section 2-1332.

(3)

If the elected official had 20 or more years of creditable service, the elected official's surviving spouse may elect, in lieu of the lump sum settlement described 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 elected official's accrued annuity at date of death.

(4)

Any death of a retired elected official 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 an elected official for any cause after retirement, these amounts shall be payable:

(1)

The elected official's surviving spouse, providing the marriage occurred on or before date of retirement, shall receive an annuity equal to half the elected official's accrued annuity as computed under section 2-1332.

(2)

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 elected official's beneficiary constituting full and final settlement of any and all claims for benefits under this retirement system.

(3)

If no beneficiary is designated or survives the demise of the member, payment shall be made according to the law of descent or to the administrator or the executor of the estate of the member.

(c)

If a death benefit is being paid to a designated beneficiary other than the member's spouse, payments shall either:

(1)

Be completed by December 31 of the fifth calendar year following the year of the member's death; or

(2)

If there is no designated beneficiary, payment of a death shall commence no later than December 31 of the fifth calendar year following the year of the member's death.

(Admin. Code 1967, § A9.132; Ord. No. 36147, 11-27-68; Ord. No. 57452, 2-7-85; Ord. No. 951643, § A, 12-21-95)