Section 18-96 Death benefits.

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

(1)    There shall be paid to the surviving spouse of a covered police employee a monthly benefit equal to one-half (1/2) of the retirement benefit to which the deceased employee would have been entitled had the employee met the age or service requirement on the date of the employee's death. The benefit paid to the surviving spouse shall not be reduced by any Social Security entitlement; provided, however, that the benefit paid from the police retirement fund when added to the Social Security entitlement shall not exceed ninety (90) percent of the salary which the covered police employee was receiving immediately prior to death.

(2)    There shall be paid to the surviving spouse of a retiree a monthly benefit equal to one-half (1/2) of the retirement benefit to which the deceased retiree was receiving immediately prior to death. The benefit paid to the surviving spouse shall not be reduced by any Social Security entitlement; provided, however, that the benefit paid from the police retirement benefit when added to the Social Security entitlement shall not exceed ninety (90) percent of the salary which the deceased retiree was receiving immediately prior to retirement.  The surviving spouse benefit under this subsection shall be the actuarial equivalent of the fifty (50) percent joint and survivor annuity under section 18-94.  The actuarial equivalent shall be based on assumptions for the “applicable interest rate” and “applicable mortality table” as determined under Code Section 417(e).

(3)    If there is no surviving spouse eligible to receive benefits under the provisions of this subsection, the surviving unmarried children under the age of eighteen (18) shall divide equally 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.

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

    (5)    When a covered police employee or a retiree 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 personal representative of the estate of the deceased employee, 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 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.

(Ord. No. 21455, § 1, 9-17-12)


(Ord. 21455, Added, 09/17/2012)