§ 32-75. Payments to widows, surviving children, dependents.

(a)

Upon the resignation of any member of the paid Fire Department who shall have served for less than ten (10) years, there shall be refunded to such member all of his contributions to the Firefighters Pension Fund.

(b)

When any member of the paid Fire Department who has less than ten (10) years of Fire Department service shall die due to causes unconnected with his performance of duty with the Fire Department, his widow or children or parents shall receive an annually adjusted pension, payable monthly, equal in amount to two (2) percent of pay then being received by members in the same grade and rank as was held by such former member at the time of his death for each year of such former member's Fire Department service. Alternatively, at the option of such widow or children or parents, she or they, as the case may be, may elect to and shall have such member's total contribution to the Firefighters Pension Fund returned to her or them.

(c)

Upon the death of any member of the Fire Department killed while in the actual performance of duty in his department or who died from the proximate effects of any injury or exposure received while in the actual discharge of such duty, the widow of such member shall receive the benefits provided for herein until her death or remarriage out of the Firefighters Pension Fund of such department. If such deceased member was in active service at the time of his death his widow shall receive an annually adjusted sum, payable weekly or monthly, equal to one-half (½) of the pay then being received by members in the same rank and grade as was held by such former member at the time of his death. If such deceased member was retired at the time of his death his widow shall receive an annually adjusted sum, payable weekly or monthly, equal to the pension which such deceased member would have been entitled to receive had he survived. If such deceased leaves no widow, or upon the death of such widow before remarriage, the Board of Directors of said fund shall cause to be paid monthly or weekly to the legally appointed guardian of any surviving child or children of such deceased member under the age of eighteen (18) years, for the use and benefit of such child or children, a sum or sums not exceeding in total the amount hereinbefore provided to be received by such widow, and may, from time to time, apportion such sum between such children as it may deem best; provided, as each child shall arrive at the age of eighteen (18) years, the payment to each child shall cease. If such member shall die leaving neither widow nor children surviving him, then the Board of Directors of said fund shall cause to be paid a sum or sums not exceeding in total the amount hereinbefore provided to be received by such widow, to the parent or parents of such deceased member; provided, such payments shall not be made to such parents unless the Board of Directors determines that such deceased member was the principal support of such parents at the time of his death.

(d)

Upon the death of any member of the Fire Department who has served continuously as a regular member of such department for at least ten (10) years and whose death is due to causes unconnected with the performance of duty with the Fire Department, the widow or children or the parents of such deceased member shall receive the benefits provided for herein. If such deceased member was in active service at the time of his death his widow or children or parents shall receive an annually adjusted sum equal to one-fourth (¼) of the pay then being received by members in the same rank and grade as was held by such former member at the time of his death. If such deceased member was retired at the time of his death then his widow or children or parents shall receive an annually adjusted sum equal to one-half (½) of the pension which such deceased member would have been entitled to receive had he survived. All benefits granted by this subsection shall be provided upon the same conditions and under the circumstances as appear in subsection (b) of this section.

(e)

The term "widow," as used in this section, shall be limited in meaning to the surviving spouse of any such member, who shall have been married to him prior to his retirement from such department, if retired, and who shall be living with him as his wife at the time of his death. The term "child" or "children," as used in this section, shall be limited in meaning to the child or children born to such member by his wife to whom he was married prior to his retirement from such department, if retired. A word importing the masculine gender shall extend and be applied to females as well as males. A word importing the feminine gender shall extend and be applied to males as well as to females.

(Code 1961, § 14-35; Ord. No. 199, § 11, 4-2-1974; Ord. No. 302, 3-6-1984)