§ 13-9. Death benefits.

(a)

Death prior to retirement. In the event of death not in the line of duty prior to actual retirement under this plan, there shall be a death benefit payable with respect to a member or former member who is vested, but who dies before commencement of benefit payments. The benefit shall be paid to the member's designated beneficiary following such beneficiary's written notice to the board of the member's death. The benefit shall be a ten (10) year certain annuity which is actuarially equivalent to the single sum value of the member's vested accrued benefit, unless the beneficiary and the board agree to an alternative, actuarially equivalent form of benefit. In the event such benefits are less than such member's accumulated contributions, the balance thereof which remains unpaid shall be paid in a lump sum to such member's designated beneficiary.

In the event of death of a non-vested member prior to actual retirement under this plan, the member's accumulated contributions shall be paid to the member's designated beneficiary.

(b)

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 as described in subsection 13-7(k) of this Code, 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 13-8(h) 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 (18) 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 (25) 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 (18) 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 (25) 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)

Death after retirement. No benefit shall be paid upon the death of a retiree except such benefits as result by reason of the use of a pre-retirement selection of an option providing a survivor benefit.

(Ord. No. 94-153, § 1, 12-6-94; Ord. No. 2017-104, § 2, 5-17-17)