Section 18-72 Death benefits.
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),
the death of a covered firefighter
employee after January 4, 1993, there shall be paid by the administrator to
surviving spouse and unmarried minor children a benefit from the FRF firefighters
fund, as below described:
(1) In the event of the death
of a covered firefighter employee under the provisions of section
18-68(2), there shall be paid a death benefit:
a.(1) To the widowed surviving
spouse in monthly installments equal to fifty (50) per cent of
such deceased employee's highest average salary.
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
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 employees 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
retirees retirement benefit at the time of his the retirees
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,
a retiree covered firefighter employee who has retired from active service subsequent
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
surviving spouse or minor children in the home, then to the other children of the deceased;
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
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
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
widowed surviving spouse
is over forty (40) years of age at the time of remarriage,
benefits provided hereunder this section shall continue for the life of the widowed surviving
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
(Code 1964, § 9.2000; Ord. No. 10299, § 1, 9-4-84; Ord. No. 13555 § 1, 1-4-93; Ord. No.
§ 1, 9-7-93; Ord. No. 14597, § 1, 8-21-95)