Section 18-72 Death benefits.

(a) Subject to the provisions of subsection (b), u pon the death of a covered firefighter employee, there shall be paid to the surviving spouse and unmarried minor children a benefit from the firefighters’ retirement fund , as below described:

(1) To the surviving spouse in monthly installments equal to fifty (50) per cent of such deceased employee's highest average salary.

(2) To the lawful guardian of such deceased employee's surviving, unmarried children under the age eighteen (18), a monthly benefit equal to the Social Security benefit to which they would have been entitled, fixed as of the date of application, if the deceased firefighter had been covered by Social Security. If there is no surviving spouse eligible to receive benefits under the provisions of subsection (1), then the surviving unmarried children under the age of eighteen (18) shall divide equally one-half of the benefit to which a 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.

(b) The surviving spouse and minor children of a covered firefighter employee who dies before completing one 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) per cent of the deceased retiree’s retirement benefit at the time of the retiree’s death.

( d ) Upon the death of a covered firefighter employee or retiree not otherwise entitled to a benefit under the provisions of this section, or of a retiree who has retired from active service subsequent to September 30, 1984, there shall be paid a funeral benefit of one thousand dollars ($1,000.00) to be distributed to the next of kin as follows: first, to the surviving spouse; if there is no surviving spouse, then to the children under eighteen (18) of the deceased who were residing with the deceased at the time of death; if there is no surviving spouse or minor children in the home, then to the other children of the deceased; if there is no surviving spouse, minor children in the home, or other children, then to the mother and father of the deceased. If there is no next of kin as enumerated above, the funeral benefit shall be paid to the personal representative of the estate of the deceased, or if no personal representative has been appointed within forty-five (45) days of 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 is not 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.

( e ) 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.

a. 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.

b. 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.

(Code 1964, § 9.2000; Ord. No. 10299, § 1, 9-4-84; Ord. No. 13555 § 1, 1-4-93; Ord. No. 13792 § 1, 9-7-93; Ord. No. 14597, § 1, 8-21-95; Ord. No. 018160, § 1, 7-6-04)