Section 18-47 Death benefits.


Prior to the adoption of Ord. 018160 on 07/06/2004, Section 18-47 read as follows.


    Upon the death of a covered police employee or retiree after January 4, 1993, there shall be paid by the administrator to the widowed surviving spouse and unmarried minor children a benefit from the PRF police retirement fund, from Workers' Compensation and from Social Security, or from some combination thereof, as below described:

    (1)    In the event of the death of a covered police employee under the provisions of section 18-43(2), there shall be paid a death benefit:

        a.    There shall be paid to the widowed surviving spouse of a covered police employee a monthly benefit equal to two-thirds of the base retirement benefit equal to which the deceased employee would otherwise have been entitled had the employee met the age or service requirement on the date of the employee’s death. without regard to any offset or reduction of any kind. In the event of death before retirement, the benefits shall be payable without regard to the fact that the police employee may not have met the age and/or service requirements of section 18-42 at the time of death. The benefit paid to the widowed surviving spouse shall not be reduced by any Social Security entitlement; provided, however, that the benefit paid from the PRF police retirement fund when added to the Social Security entitlement shall not exceed ninety (90) per cent of the salary which the covered police employee was receiving immediately prior to his death.

         b.    If there is no widowed surviving spouse eligible to receive benefits under the provisions of this subsection (1)a. herein, then the surviving unmarried children under the age of eighteen (18) shall divide equally the benefit to which a widowed surviving spouse would have been entitled. The death benefit shall be payable upon the last day of the month immediately following the month in which the death occurred.

    (2)    In the event of the death of a covered police employee retired after January 4, 1993, under the provisions of this plan, t  There shall be paid to the widowed surviving spouse of a retiree a monthly benefit equal to two-thirds of the base retirement benefit to which the deceased retiree was receiving immediately prior to death employee would otherwise have been entitled without regard to any offset or reduction of any kind. The benefit paid to the widowed surviving spouse shall not be reduced by any Social Security entitlement; provided, however, that the benefit paid from the PRF police retirement benefit when added to the Social Security entitlement shall not exceed ninety (90) per cent of the salary which the covered police employee deceased retiree was receiving immediately prior to his retirement.

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

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

        b.    If the widowed 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.

    (4)    Upon the death of When a covered police employee or a retireed covered police employee, not otherwise entitled to a benefit under the provisions of this section dies without a surviving spouse or other survivor entitled to benefits under this section, there shall be paid a funeral benefit of one thousand dollars ($1,000.00). The funeral benefit shall be paid to the executor or administrator personal representative of the estate of the deceased employee, or if no administrator or executor personal representative has been appointed within forty-five (45) days of his death, then to the person who actually paid the funeral and burial expense with respect to such deceased person, upon proof of such payments, or, if proof of such payment has not been made within sixty (60) days after such death, then to the mortuary that actually incurred the expense of the funeral and burial of such deceased person.

        (5)        Any claimant denied death benefits under this section by the decision of the administrator or any covered police employee aggrieved by a decision of the board granting benefits may appeal the decision to the PRB under the rules established by section 18-49(c) and the PRB.

(Code 1964, § 9.1840; Ord. of 12-20-82; Ord. No. 10310, § 1, 9-17-84; Ord. No. 12668, § 1, 7-2-90; Ord. No. 13555 § 1, 1-4-93; Ord. No. 13708 § 1, 6-21-93)