Section 18-109 Death benefits.

    (a)    Subject to the provisions of subsection (b), upon the death of a covered firefighter employee or retiree, there shall be paid to the surviving spouse a benefit from the firefighters' retirement fund, as below described:

(1)    There shall be paid to the surviving spouse of a covered firefighter employee a monthly benefit equal to one hundred (100) percent of the retirement benefit to which the deceased employee would have been entitled had the employee met the age or service requirement on the date of the employee's death.  The surviving spouse benefit under this section shall be the actuarial equivalent of the one hundred (100) percent joint and survivor annuity under section 18-107. The actuarial equivalent shall be based on assumptions for the “applicable interest rate” and “applicable mortality table” as determined under Code Section 417(e).  The death benefit shall be payable upon the last day of the month immediately following the month in which the death occurred.

(2)    There shall be paid to the non-spouse beneficiary of a covered firefighter employee who has a duty-related death, a monthly benefit equal to one hundred (100) percent of the retirement benefit to which the deceased employee would have been entitled had the employee worked to age sixty (60) with at least five (5) years of service on the date of the employee’s death.  The death benefit shall be payable upon the last day of the month immediately following the month in which the death occurred.

(3)    There shall be paid to the non-spouse beneficiary of a covered firefighter employee who has a nonduty-related death, a monthly benefit equal to one hundred (100) percent of the retirement benefit to which the deceased employee would have been entitled had the employee met the age or service requirement on the date of the employee's death   The death benefit shall be payable upon the last day of the month immediately following the month in which the death occurred.

    (b)    The surviving spouse of a covered firefighter employee who dies before completing one (1) continuous year of covered employment shall be entitled to death benefits only if the employee died as a result of contracting a disease or a sustaining accidental injuries while in the actual discharge and performance of the duties of the employee's covered employment at some definite time and place.

    (c)    Upon the death of a retiree, there shall be paid to the surviving spouse a monthly benefit equal to one hundred (100) percent of the deceased retiree's retirement benefit at the time of the retiree's death.

    (d)    Upon remarriage of the surviving spouse of a covered firefighter employee or retiree, benefits allowed under this section shall cease if the surviving spouse was not married to and living with the covered firefighter employee or retiree for a period of at least two (2) years prior to the death of the covered firefighter employee or retiree.

(1)    If the surviving spouse is over forty (40) years of age at the time of remarriage, benefits provided under this section shall continue for the life of the surviving spouse.

(2)    If the surviving spouse is under forty (40) years of age upon remarriage, then benefits to which the spouse is entitled shall continue for a period of ten (10) years after the remarriage.

(Ord. No. 21455, § 1, 9-17-12)


(Ord. 21455, Added, 09/17/2012)