[Ord. No. 1014, 6/8/2020]
In the event a participant who has not attained entitlement
to retirement or disability benefits dies while an eligible employee,
the beneficiary of the participant, or if no beneficiary survives,
the spouse, if surviving, and it not surviving, the participant's
children until age 18 or age 23, if attending college, and if no children
survive, the participant's estate shall be entitled to receive a refund
of the participant's member contribution account as defined in Subpart
E.
[Ord. No. 1014, 6/8/2020]
In the event a member who retires on pension and dies, the spouse
of the deceased member, or, if no eligible spouse survives or if the
eligible spouse survives and subsequently dies, then the child or
children under the age of 18 years (age 23 if attending college) of
the deceased member, shall, during the spouse's lifetime or until
reaching the age of 18 (age 23 if attending college) in the case of
a child or children, receive a monthly income calculated at the rate
of 50% of the monthly retirement benefit which the member was receiving
or would have been receiving had he been retired at the time of his
death. In the case of children, the above benefit shall be paid in
equal shares.
[Ord. No. 1014, 6/8/2020]
1. Survivor payments shall be made monthly as of the first day of each
month. The first installment of any benefit payable to a survivor
shall be payable on the first day of the month next following date
of death of the member and, unless otherwise provided above, the last
installment shall be payable as of the first day of the month in which
occurs either:
A. The death or remarriage of the spouse, if payments are made to the
spouse, and the spouse's death or remarriage occurs at a time when
there is no dependent child; or
B. The date when the youngest dependent child attains the age of 18,
if payments are made to any children of the member.
[Ord. No. 1014, 6/8/2020]
1. Effective April 17, 2002, notwithstanding anything in § 632
to the contrary, if a member who is eligible to receive or is receiving
retirement benefits dies, the benefit shall be paid to the surviving
spouse or if no spouse survives, or if he or she survives and subsequently
dies, then the child or children under the age of 18 years or if attending
college, under or attaining the age of 23 years in the case of a child
or children, in the amount of 50% of the pension the member was receiving
or would have been receiving had he been retired at the time of his
death. Notwithstanding anything to the contrary in this plan, anyone
receiving benefits under this § 634 shall receive no other
benefits under this plan.
2. The phrase "attending college" shall mean the eligible children are
registered at an accredited institution of higher learning and are
carrying a minimum course load of seven credit hours per semester.
3. This § 634 insofar as Act 30 of 2002 affects the benefits
available to surviving spouses shall apply to surviving spouses whose
spouse died on or before April 17, 2002 and who were not remarried
as of April 17, 2002.
[Ord. No. 1014, 6/8/2020]
1. The surviving spouse of a member who dies on or after April 17, 2002
before his pension has vested, and whose survivors are entitled to
no benefits under any other sections of this plan, or if no spouse
survives or if he or she survives and subsequently dies, the child
or children under the age of 18 years, or if attending college, under
or attaining the age of 23 years, of a member shall be entitled to
receive the member contribution account unless the member has designated
another beneficiary.
2. To the extent required by law, the survivor of a member who dies
after April 17, 2002 after receiving a deferred vested benefit or
eligible to receive a deferred vested benefit will be paid a survivor
benefit to the survivors determined by law in an amount no greater
than the minimum required by law and no earlier than required by law.
Anyone receiving benefits under this § 636 shall receive
no other benefits under this plan.