Sec. 121.205. - Reinstatement of surviving spouse's benefits.

Notwithstanding any provision contained to the contrary in the Chapters enumerated in Section 121.102 , a surviving spouse of a Member or pensioner of any of these funds: (a) Who was heretofore removed from the pension rolls due to marriage prior to October 1, 2000, and (b) Whose marriage subsequently is or was dissolved by death or otherwise. Upon application by the surviving spouse of the Member or Beneficiary for approval by the Trustees, shall have his or her name restored to the surviving spouse's pension roll, and, thereafter, the reinstated surviving spouse shall be entitled to be paid the appropriate surviving spouse's benefit beginning no sooner than the date that the application for reinstatement was filed in writing with the Board. No surviving spouse shall receive more than one pension benefit pursuant to this Section at one time. (c) Notwithstanding the foregoing, eligibility for the reinstatement of survivors benefits resulting from a temporary divorce and remarriage to the same individual subsequent to October 1, 2000 shall be subject to the successful demonstration by the petitioner that such marital status changes were not unduly motivated by the desire to restore pension benefits. (Ord. 72-416-172, § 1; Ord. 73-83-23, § 1; Ord. 83-591-400, § 1; Ord. 86-1136-591, § 1; Ord. 93-1773-1045, § 3; Ord. 2000-704-E, § 2; Ord. 2017-259-E , § 1)