(A) At the death of a retired member or a disabled member, a pension equal to the pension being paid to the deceased retired member or deceased disabled member shall be paid.
(B) Such pension under this section shall be paid according to the provisions:
(1) To his or her spouse if he or she is survived by a spouse. Application for such pension shall be made by the spouse and he or she shall furnish the Board of Trustees proof of marriage at the time of the member's death as is required in subsection (C) hereof. The pension shall be paid to the spouse for life unless he or she remarries in which event payments to him or her shall cease. On her death or remarriage, payments shall be continued for the benefit of any unmarried dependent child or children as set forth in subsection (B)(2), as if the spouse had failed to survive the deceased.
(2) If the deceased member is not survived by a spouse, to his or her surviving unmarried dependent child or children. As used in this subchapter "dependent child" or "dependent children" includes only a child or children of the member either born in wedlock, legally adopted by him or her prior to his or her death if he or she died in line-of-duty, or legally adopted by him or her not less than one year prior to his or her death or one year prior to his or her retirement, whichever is earlier, if he or she dies in a manner other than in line-of-duty, any child or children regardless of his or her age who has suffered a permanent physical or mental impairment prior to his or her eighteenth birthday of such magnitude as to render him or her totally and permanently incapable of engaging in any occupation for profit or remuneration. The determination of whether a child of the deceased member over 18 years of age qualifies as a dependent child shall be made in the absolute discretion of the Board of Trustees and shall not be subject to judicial review. The application in behalf of a dependent child or children shall be made by his, her, or their qualified guardian and the guardian shall furnish the Board of Trustees certified copies of birth certificates or adoption papers of each child or children so claiming. The full pension shall be paid as long as there is a dependent child or children of the deceased member. If there is more than one dependent child entitled to receive the pension, it shall be paid in equal shares to all entitled to receive it.
(3) Any member may as an alternative to the provisions of subsections (B)(1) and (B)(2) above elect at any time prior to his or her death to divide his or her pension 50% to his or her surviving spouse and 50% in equal shares to his or her dependent child or dependent children, by submitting such election on the form provided by the Board of Trustees. The provisions in subsections (B)(1) and (B)(2) above for making application for the pension shall apply to this election the full pension shall be paid as long as there is a spouse or dependent child or dependent children to receive it.
(4) If the deceased member leaves no spouse or dependent child entitled to the pension, to the member's mother or father or both, if at the time of death such mother or father or both were dependent on the member for support. Application shall be made by the dependent parent or parents or, in an appropriate case, by someone in their behalf. Proof of dependency satisfactory to the Board shall be submitted with the application.
(C) No spouse of a member shall be entitled to receive benefits under this subchapter unless at the time his or her application is filed he or she furnishes proof, satisfactory to the Board, to the effect that:
(1) He or she was married to the member at the time of his or her death, if the member died in line-of-duty of the Department;
(2) He or she was married to the member not less than five years prior to the member's retirement if he or she retired after completing the minimum amount of required service;
(3) He or she was married to the member not less than one year prior to the member's retirement, if the retirement was due to a disability; or
(4) He or she was married to the member not less than one year prior to the member's death, if the member died while an active member other than in the line-of-duty of the Department.
(D) A pension or death benefit under this section shall be effective and payable from the date of death of the member.
(1999 Lou. Code, § 36.144) (Lou. Ord. No. 43-1974, approved 5-20-1974; Lou. Am. Ord. No. 111-1983, approved 5-21-1983; Lou. Am. Ord. No. 290-1984, approved 10-26-1984; Lou. Am. Ord. No. 320-1985, approved 12-13-1985; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-004; Lou. Metro Am. Ord. No. 102-2006, approved 6-30-2006)
