§ 32.120. NONOCCUPATIONAL DEATH.  


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  • (A) On death due to any cause other than occupational disability occurring while a member is in active service or on a retirement annuity (whether for service or disability, except as provided in § 32.119(E)), if the member has rendered at least five years of total service, his or her surviving spouse shall be entitled to a spouse's annuity equal to 100% of the benefit payable immediately prior to the death of the member, subject to the following conditions:
    (1) The spouse shall have been married to the member at least one year prior to the member's retirement or death, whichever is earlier.
    (2) The spouse's annuity shall terminate if the spouse remarries.
    (B) The minimum spouse's annuity shall, in any case, be 20% of the member's final rate of base salary.
    (C) If minor children under age 18 also survive the member, the spouse's annuity, if the children are in his or her care, shall be increased one-third on account of each such minor child, provided that the maximum payment for a spouse and children shall not exceed 75% of the member's final rate of base salary. Allowances on account of minor children shall terminate on their attainment of age 18, death, or marriage, whichever first occurs. In the event a spouse remarries, the rates of payment on account of minor children shall be increased to twice the amounts previously payable on account of such children, subject to a combined payment for all such children of 50% of the final rate of base salary of the member.
    (D) If the deceased member is not survived by a spouse but is survived by one or more minor children, the annuity to each child shall be equal to two-thirds of the annuity that would have been paid to the widow (had there been a widow, but no children), subject to a maximum combined payment for all such children of 50% of the final rate of base salary of the member, and further subject to the cessation of such payments under subsection (C) above.
    (1999 Lou. Code, § 36.109) (Lou. Ord. No. 91-1973, approved 6-29-1973; Lou. Am. Ord. No. 169-1985, approved 7-12-1985; Lou. Metro Am. Ord. No. 64-2004, approved 6-3-2004; Lou. Metro Am. Ord. No. 46-2005, approved 4-27-2005)