§ 2-97.5. Death benefits.

(a)

If a member dies either before or after the date of his or her retirement, and paragraphs (b) and (c) below are not applicable, there shall be paid to such member's beneficiary the excess, if any, of the total amount of the member's contributions in excess of the benefits paid to the member prior to his or her death.

(b)

If a member is killed while in the actual performance of duty, or subsequently dies as a result of an injury received while in the actual performance of duty, the board of police commissioners shall direct an annual benefit not exceeding seventy (70) percent of the compensation (including one-fourth (¼) of an employee's unused sick leave paid out if applicable) of such member at the time of his or her death, to be paid monthly from said fund to such member's surviving spouse, provided that payments to the surviving spouse will cease upon the surviving spouse's death. In the event a member has no surviving spouse, such payments shall be made to the member's child or children under eighteen (18) years of age, in equal shares if there is more than one (1) child, until such child attains age eighteen (18). In the event the member has a surviving spouse, and such surviving spouse dies, payments shall be made to the member's child or children under eighteen (18) years of age, in equal shares if there is more than one (1) child, until the date such child attains age eighteen (18). If more than one (1) child is receiving benefits at the time a child of the member attains age eighteen (18), benefit payments shall continue to the remaining children under age eighteen (18) and the amount of such payments shall not change. Payments due to such child or children shall be made to their legal guardian or to such other person to expend for them.

(c)

Upon the death of a member who has:

(1)

Completed twenty-five (25) or more years of continuous service as of the date of his or her death, or

(2)

Been retired because of disability or is a member of the veteran's reserve at the time of his or her death, the surviving spouse of such deceased member shall receive an annual payment equal to:

(A)

If the member had not commenced receiving benefits at the time of his or her death, fifty (50) percent of the retirement benefit that would have been paid to the member had he or she retired on the day prior to his or her death, or

(B)

If such member had already commenced receiving benefits, fifty (50) percent of the retirement benefit that was being paid to the member as of the date of his or her death.

Such payments shall cease upon the death or remarriage of the surviving spouse.

(Ord. of 4-10-07; Ord. of 10-10-17)