Sec. 120.511A. - Surviving spouse benefits; children's benefits; orphans' benefits; dependent parents; funeral expenses.

(a) In the event of the death of a fully vested, active, permanent member of the DC plan, the surviving spouse, as defined in subsection (i), shall receive 75 percent of 60 percent of the member's earnable compensation at the time of the member's death. (b) Unmarried children under the age of 18 years who are orphaned by the death of an employee shall receive the same benefit as a surviving spouse without children. The benefit shall continue until the earlier of the child's marriage or reaching age 18, unless the child is disabled, in which case the benefits will continue for the life of the child or during the presence of the disabling condition. In the case of a benefit paid to multiple children, the full amount shall continue to be paid to the orphan or orphans remaining eligible, in an amount not to exceed the maximum surviving spouse benefit provided in this Plan. At age 18, any unpaid employee contributions shall be distributed as a lump sum to the eligible child or children in equal shares. (c) If there is a surviving spouse, who chooses to receive the spousal benefit described above, unmarried children under the age of 18 years shall receive a benefit of $300 per child per month upon the death of the member, where no other survivorship benefit is available. The benefit shall continue until the earlier of the child's marriage or reaching age 18. At age 18, any unpaid employee contributions shall be distributed as a lump sum to the eligible child or children in equal shares. (d) In the event that any combination of survivorship benefits exceeds 80 percent of the deceased member's earnable compensation, the available benefits shall be prorated among the eligible recipients in a manner that will not exceed 80 percent of the deceased member's earnable compensation. That said, the survivor benefit will include an annual three percent cost of living adjustment, to begin five years after the commencement of the survivor benefit, to be applied each January 1. (e) In the event that a father or mother of a deceased member is solely dependent on the member for support, the dependent parent(s) shall receive the same benefit as a surviving spouse, outlined in subsection (a) above, only if there is no surviving spouse and no qualifying surviving children. The term dependent parent means that the dependent parent has no source of income other than the deceased member. (f) In the event of the death of a member with no survivor entitled to the receipt of a death benefit, the Plan will reimburse the estate of the member or the person paying the member's funeral expenses in an amount not to exceed $2,500 or one-half the accumulated member contributions, without interest, whichever is less. The remaining contributions will be paid to the estate of the member. (g) No application for benefits under this Section shall be valid unless filed within two years of the initial date of eligibility. (h) No survivor benefit shall be paid to any person who intentionally and unlawfully killed or participated in procuring the death of the retiree or member. (i) In order to be deemed a surviving spouse of a member under the terms of this Section, the spouse must have been married to and living with the member at the time of the member's death and have been married to the member for not less than 365 consecutive days immediately preceding the death of the member. A spouse shall be deemed living with the member if the member or spouse is confined to a nursing or hospital facility at the time of the member's death. (j) If death benefits are paid to any survivor, such benefits will be in lieu of the payment of the employee's contributions and earnings in the GEDC and any employer contributions and earning to which the employee had a vested right. (k) In the event of the death of a non-fully vested, active, permanent full-time employee or in the event that a fully vested employee's qualified survivors decline the benefits described above, the deceased employee's designated beneficiaries will receive the employee's contributions and earnings to the GEDC plan and any employer contributions and earnings to which the employee had a vested right. (Ord. 2017-258-E , § 1)