Sec. 121.204. - Surviving spouse's benefits.

Notwithstanding the provisions of Laws of Fla. Ch. 18615 (1937), as amended; or Laws of Fla. Ch. 23259 (1945), as amended, and to increase the benefits thereby provided: (a) A Member of the fund hereafter who shall be killed or die from effects of an injury or of any illness or disease and any such Member so killed or dying shall have a spouse living with such Member at time of death, the Board shall direct the payment from the fund of the following sum to the surviving spouse, 75 percent of the pension benefit the deceased Member would be entitled to receive, had the Member completed 20 years of credited service and survived to receive such pension. If a deceased Member served in excess of 20 years, the 75 percent of the pension benefit shall be based upon the actual years of service. In applying the provisions of this Section, the adjustment supplement described in 121.201 (d)(2) that is calculated for the benefit of the surviving spouse of a Member shall be based upon the actual years of credited service, subject to the minimum and maximum provisions, rendered by the Member rather than the assumed completion of 20 years of credited service otherwise acknowledged in this Section. The pension benefit as used herein shall be comprised of the base pension benefit as adjusted for the COLA, but exclusive of the adjustment supplement described in 121.201 (d)(2) which shall be 100 percent allocable to the surviving spouse. (b) If any such beneficiary of the fund shall hereafter be killed or die and any such Member so killed or dying shall have a spouse living with such beneficiary at time of death, the Board shall direct the payment from the fund of the following sum to the surviving spouse, 75 percent of the pension benefit the beneficiary was receiving. The pension benefit as used herein shall be comprised of the base pension benefit as adjusted for the COLA's previously credited to the record of the former Member, but exclusive of the adjustment supplement described in 121.201 (d)(2) which shall be 100 percent allocable to the surviving spouse. (c) Notwithstanding any other provision of law to the contrary, the surviving spouse of any pension participant Member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries. The surviving spouse of such deceased Member whose benefit terminated because of remarriage shall have the benefit reinstated as of July 1, 1994, at an amount that would have been payable had such benefit not been terminated. (d) Notwithstanding any other provision of law to the contrary, the surviving spouse of any pension participant Member who shall be killed or die from the effects of an injury, illness or disease outside of the line of duty shall not lose survivor retirement benefits if the spouse remarries after September 30, 2000. Surviving spouses who were removed from the pension rolls due to remarriage prior to October 1, 2000 shall continue to be ineligible for reinstatement of pension benefits so long as such previously existing marriage continues. (e) In the event that a spouse of a deceased Member is entitled, either now or in the future, to the receipt of retirement benefits by virtue of their employment with the City, such individual may simultaneously enjoy the receipt of City retirement benefits from such employment in addition to the receipt of City pension benefits as a surviving spouse that such individual was otherwise entitled to receive following the death of a Member. (f) In the event that a spouse of a deceased Member is already receiving City retirement benefits as a surviving spouse from a previous marriage, such individual would only be entitled to the larger surviving spouse benefit calculated in conjunction with such multiple marriages, but not both simultaneously. Stated differently, an individual may only receive a single surviving spouse benefit at a time. The receipt of multiple surviving spouse benefits under the Plan are prohibited. (Ord. 87-927-611, § 6; Ord. 91-1017-605, § 1; Ord. 97-340-E, § 5; Ord. 1999-1019-E, § 3; Ord. 2000-704-E, § 1; Ord. 2000-1164-E, § 5; Ord. 2006-947-E, § 5; Ord. 2015-304-E , § 2)