Section 2-192 Death before receiving benefits.

Prior to the adoption of 1999 (2-192) on 02/08/1999, Section 2-192 read as follows.

    (a)    Should any member of the pension  plan, who has ten (10) or more years of service, die while still in the active employment of the city, the surviving spouse of the member will be entitled  to a pension if the member elects this option. A married member is deemed to have elected this option unless he has specifically rejected it in writing. The amount of pension shall be fifty percent (50%) of the benefits accrued to the member to the time of death. The accrued benefits will be  calculated as for normal retirement but will reflect the years of service and average monthly salary at time of death. The benefits, so calculated, shall be payable until the death of the surviving spouse. The surviving spouse who is entitled to benefits under this section may elect to receive a  refund of contributions, as covered under subsection (b), in lieu of a pension if the spouse so desires.

    (b)    Should any member die without actually receiving any cash benefits hereunder and have  less than ten (10) years of service in the pension fund or have no surviving spouse entitled to receive benefits under subsection (a), the amount he has contributed to the pension fund, plus interest, shall be paid to his heirs at law, or to any person designated by such member in writing before his death.

    (c)    Should a retired member die without having received in pension benefits a sum equal to the  amount he has paid into the pension fund plus interest to the date of retirement, and not have a  surviving spouse designated to receive a pension, then the difference between the amount paid plus  interest and the amount received by the member shall be paid to his heirs at law or to the person designated as beneficiary by the member in writing before his death.

    (d)    Interest will be calculated as  follows and will be compounded annually:

    (1)    Two and one-half percent (2.5%) per annum for the period of time prior to 1971;

    (2)    Four percent (4.0%) per annum from January 1, 1971 through December 31, 1976;

    (3)    Five percent (5.0%) per annum from January 1, 1977, thereafter.

    (e)    Should there be more than one (1) heir at law of the deceased member entitled to benefits, or should one (1) or more heirs at law be not sui juris, the pension board of trustees at their option may designate some person to receive such benefits for the use and benefit of all the heirs at law of  the deceased member.

(Ord. of 12-23-96(1),  I)