§ 12-52. Death benefits.

(a)

In the event of the death of a member prior to the time of becoming vested for early or normal retirement, the member's designated beneficiary shall be paid from the fund an amount equal to the member's accumulated contributions together with interest thereon, at such rate to be determined by the board.

(b)

In the event of the death of a member after vesting for early or normal retirement, a death benefit shall be paid from the fund in accordance with either (1) or (2) below, but not both. If the member has a surviving spouse or a surviving child(ren) under age eighteen (18), then the death benefit will be payable under either (1) or (2), whichever provides the greater death benefit on an actuarial basis. This does not preclude the member from designating a beneficiary or beneficiaries other than a surviving spouse or children, in which case that beneficiary or beneficiaries will be payable under (1). Otherwise, if the member has no surviving spouse and no surviving child under age eighteen (18), then the death benefit will be payable under (1) below. Once payments have commenced under either (1) or (2), as applicable, no additional death benefits will be payable other than those specified in the applicable section.

(1)

The death benefit payable under this section 12-52(b)(1) shall be paid to the member's named beneficiary(ies) as of the first day of each month for one hundred twenty (120) months following the member's death. This death benefit is payable to the member's named beneficiary(ies) in equal shares or, if no beneficiary has been named, then to the member's estate. The amount of the monthly death benefit payable under this section is equal to the member's monthly accrued benefit. If a member who has designated a beneficiary, has chosen an optional form of benefit pursuant to F.S. § 175.171, and continues beyond normal retirement, the benefit payable to the beneficiary will be provided for the lifetime of the beneficiary, under the optional form selected.

(2)

The death benefit payable under this section 12-52(b)(2) shall be paid as of the first day of each month for the life of the member's surviving spouse or, if there is no surviving spouse, then to the member's surviving child(ren), if any, until age eighteen (18). If there is no surviving spouse or surviving child under age eighteen (18), then no benefits are payable under this section. If there is more than one (1) surviving child under the age of eighteen (18), then the death benefit payable under this section shall be payable in equal shares to each of the member's surviving children until each child attains eighteen (18) years of age. The amount of the monthly death benefit payable under this section is equal to fifty (50) per cent of the member's average monthly earnings.

(c)

In the event that a designated beneficiary pre-deceases the member, or in the case of dissolution of marriage where the spouse is the designated beneficiary, the member may designate a new beneficiary as set forth in the plan. After retirement benefits have commenced, a retired member may change his or her designation of joint annuitant or beneficiary only twice, pursuant to F.S. § 175.333. Any benefit to be paid to a newly designated beneficiary shall be based on the age and gender of the new beneficiary.

(d)

The death benefit will be paid on the first day of the first month immediately following the members death, if administratively feasible.

(e)

Death in the line of duty.

(1)

A death in the line of duty is a death that arises out of and in the actual performance of duty required by a member's employment during his or her regularly scheduled working hours or irregular working hours as required by the city. A death shall be presumed to be in the line of duty for members that die as a result of a condition described in F.S. §§ 112.18(1)(a), 112.181(2), and Florida Administrative Code Chapter 60S, Section 4.008(9)(c) and (d), as may be amended in the future, unless the contrary is shown by competent evidence.

(2)

Except as to retirees and members participating in the DROP herein, the following shall apply to a death in the line of duty and shall supersede any other distribution that may have been provided by the member's designation of beneficiary:

a.

The surviving spouse of any member that dies in the line of duty shall receive a monthly pension equal to one hundred (100) per cent of the monthly base salary being received by the member at the time of death for the rest of the surviving spouse's lifetime. A COLA shall be applied to the pension amount in the same manner as subsection 12-48(j) of this Code. This pension shall terminate upon the death of the surviving spouse except as provided for subsection (2)b., below.

b.

If the surviving spouse of a member that dies in the line of duty dies after commencement of the pension described in subsection (2)a. the monthly payments that would have been payable to such surviving spouse had such surviving spouse lived shall be paid for the use and benefit of such member's child or children under eighteen (18) and unmarried until the eighteenth (18th) birthday of the member's youngest child. Each child shall receive an equal pro-rata share of the pension described in subsection (2)a. The board may begin or extend monthly payments for a surviving child until the twenty-fifth (25th) birthday of the child of the member for as long as the child is unmarried and enrolled as a full-time student. The payments provided for herein shall terminate for a child upon reaching the age of eighteen (18) or twenty-five (25) if extended by the board, the marriage of the child, or the child not maintaining enrollment as a full-time student, whichever occurs first. In the event a member has children receiving payments, upon termination of a child's payment, those payments and the pro-rata share attributed to that child shall be paid to and divided equally among the other children.

c.

If a member that dies in the line of duty leaves no surviving spouse but is survived by a child or children under eighteen (18) years of age, the benefits provided by subsection (2)a., normally payable to a surviving spouse, shall be paid for the use and benefit of such member's child or children under eighteen (18) years of age and unmarried until the eighteenth (18th) birthday of the member's youngest child. Each child shall receive an equal pro-rata share of the pension described in subsection (2)a. The board may begin or extend monthly payments for a surviving child until the twenty-fifth (25th) birthday of the child of the member for as long as the child is unmarried and enrolled as a full-time student. The payments provided for herein shall terminate for a child upon reaching the age of eighteen (18) or twenty-five (25) if extended by the board, the marriage of the child, or the child not maintaining enrollment as a full-time student, whichever occurs first. In the event a member has children receiving payments, upon termination of a child's payment, those payments and the pro-rata share attributed to that child shall be paid to and divided equally among the other children.

(Ord. No. 2003-101, § 2(Art. XII), 3-4-03; Ord. No. 2008-122, § 8, 12-16-08; Ord. No. 2017-120, § 5, 12-6-17)