4.28.130 Benefits--Following death in actual performance of duty.
A. Whenever any member of the Police or Fire Department shall lose their life as a direct result of the actual performance of their duty, leaving a surviving spouse, child or children under eighteen years of age, or dependent mother or father, then upon satisfactory proof of such facts made to it, the board shall order and direct that a pension equal to fifty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the member’s death, or in the event of service less than three years in length, fifty percent of the average monthly rate of salary which such member shall have received during such period of service, shall be paid as follows:
1. To the surviving spouse of the member until remarriage or death;
2. Upon death of the surviving spouse, to the child or children of the member under the age of eighteen years until such child or children become eighteen years of age;
3. In the event the member leaves no surviving spouse, to the child or children of said member under the age of eighteen years until such child or children become eighteen years of age;
4. In the event the member leaves no surviving spouse and no child or children under the age of eighteen years, to the dependent mother or father of said member. The board shall have the power to determine the fact of such dependency and shall allow such pension to such parent or parents while such dependency shall continue.
B. Pension payments to be made to children under eighteen years of age as set forth under subdivisions 2 and 3 of subsection A of this section shall terminate with respect to each child at the time that such child reaches the age of eighteen, and the portion theretofore payable to such child shall be payable to the remaining children under the age of eighteen years.
C. In no event shall payments made under the terms of this section exceed fifty percent of the average monthly rate of salary which such member shall have received during the three years immediately preceding the member’s death.
D. In the event the member leaves neither surviving spouse, nor child or children under the age of eighteen years, nor dependent mother or father, the total contributions of such member, without interest, shall be paid to their estate. (Ord. 3558-NS § 13, 1957)