Sec. 11-240. - Service-connected death.

(a)

Upon death of a member in the line of duty which qualifies for a benefit pursuant to the federal Public Safety Officers' Death Benefit Act, regardless of the age or length of service of the member, a surviving spouse shall be entitled to an annuity equal to 50 percent of the member's rate of salary at the date of his or her death, and effective December 26, 2001 a three percent annual cost of living allowance on a yearly basis from the time the annuity is awarded.

(b)

If no widow survives, each minor child under age 18 shall be entitled to 15 percent of such member's salary, subject to a limitation for the combined payments to children equal to 60 percent of such salary.

(c)

In the event that either of the foregoing limitations are exceeded, the pensions shall be prorated to conform to the applicable limitation.

(d)

If minor children under age 18 survive the member, the widow shall receive on account of each minor child an additional ten percent of the member's salary. The combined payments to a widow and children shall in no event exceed 70 percent of such member's salary.

(e)

The annuity to a widow shall be payable during widowhood. Minor children shall be eligible for annuity until their attainment of age 18, death or marriage, whichever occurs first.

(f)

The determination of whether or not death is duty-connected shall be made in the manner provided for the administration of disability annuities.

(g)

Any annuity payable to a beneficiary hereunder shall be reduced by the city by the amount of the workmen's compensation benefit.

(Rev. Ords. 1987, § 11-241; Ord. No. 236, § I, 11-26-02)