Sec. 120.511B. - Surviving spouse benefits; children's benefits.

(a) In the event of the death of an active full-time Corrections Officer, the surviving spouse, as defined in subsection (i), shall receive 75 percent of 60 percent (plus an additional two percent for each full year of service in excess of 20 years) of the Member's average salary received in the 52 pay periods immediately preceding the member's death. The surviving spouse shall be entitled to a three percent cost of living adjustment to be administered each January 1. (b) If there is no surviving spouse, unmarried children under the age of 18 years shall receive the greater of $200 a month or a proportionate share of 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. If there is no surviving spouse, unmarried children over the age of 18 who are qualified students shall receive $200 a month. The benefit shall continue until the earlier of the child's marriage or reaching the age of 22. (c) If there is a surviving spouse, unmarried children under the age of 18 years, or up to 22 years if a qualified student, shall receive a benefit of $200 per child per month upon the death of the member, where no other survivorship benefit is available. The benefit shall continue until the child's marriage or upon reaching age 18, unless they are a qualified student, wherein the benefit shall continue until reaching age 22, 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. The children shall be entitled to a three percent cost of living adjustment applied each January 1. (d) If the total surviving benefit of a spouse and children exceeds 60 percent (plus an additional two percent for each full year of service in excess of 20 years), of the average salary received by the Member for the 52 pay periods immediately preceding the Member's death, the survivors' benefits shall be prorated. (e) The survivor benefit will include a supplemental benefit of $5 per month for each year of actual credited service, which will be no less than $25 and no more than $150 per month. (f) In the event that a deceased employee's qualified survivors decline the benefits described above, the deceased employee's designated beneficiaries will receive the employee's contributions and earnings in the CDC plan, and any employer contributions and earning to which the deceased employee had a vested right. (g) 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. (h) In order to be deemed a surviving spouse of an active employee under the terms of this Section, the spouse must have been married to the member at the time of the member's death. (i) If death benefits are paid to any survivor, such benefits will be in lieu of the payment of the employee's contributions and earnings to the CDC plan, and any employer contributions and earning to which the deceased employee had a vested right. (Ord. 2017-258-E , § 1)