Prior to the adoption of Ord. 018160 on 07/06/2004, Section 18-72 read as follows.

(a) Subject to the provisions of subsection (b), Uupon the death of a covered firefighter employee ~~after January 4, 1993~~, there shall be paid ~~by the administrator~~ to the ~~widowed~~ surviving spouse and unmarried minor children a benefit from the ~~FRF~~ firefighters’ retirement fund, as below described:

b.(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 ~~widowed~~ surviving spouse eligible to receive benefits under the provisions of subsection (1) ~~a. herein~~, then the surviving unmarried children under the age of eighteen (18) shall divide equally one-half of 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.

(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.

(2c) ~~In the event of~~ Upon the death of a retiree ~~covered firefighter employee retired after August 21, 1995, under the provisions of this plan~~, there shall be paid to the ~~widowed~~ surviving spouse a monthly benefit ~~plan~~ equal to one hundred (100) per cent of the deceased ~~employee's~~ retiree’s retirement benefit at the time of ~~his~~ the retiree’s death. Benefits to be paid to widowed spouses of covered firefighter employees retired before August 21, 1995 shall remain at two-thirds of the deceased employee's retirement benefit at the time of his death.

(3d) Upon the death of a covered firefighter employee or retiree ~~of a retired covered firefighter employee~~ not otherwise entitled to a benefit under the provisions of this section, or of a retiree ~~covered firefighter employee~~ 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 ~~widowed~~ surviving spouse; if there is no ~~widowed~~ surviving spouse, then to the children under eighteen (18) of the deceased who were residing with the deceased at the time of ~~his~~ death; if there is no ~~widowed~~ surviving spouse or minor children in the home, then to the other children of the deceased; if there is no ~~widowed~~ 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 ~~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 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.

(4e) Upon remarriage of the ~~widowed~~ surviving spouse of a covered firefighter employee or retiree, benefits allowed under this section ~~herein~~ shall cease if the ~~widowed~~ 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.