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:

    (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 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.

    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 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.

(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)