4.28.150 Retirement--Benefits after death.
A. Upon the death of any person receiving a pension under Sections 4.28.080, 4.28.160 or 4.28.170, or a person who has elected to receive the service retirement benefit as provided in Section 4.28.090, a pension equal to thirty-three and one-third percent of the average salary upon which said pension in said sections was based, and upon the death of any person receiving a pension under Section 4.28.090, except a person who has elected to receive the service retirement benefit as provided in said Section 4.28.090, a pension equal to fifty percent of the average salary upon which such pension in said section was based, shall be paid as follows:
1. To the surviving spouse of the pensioner until remarriage or death;
2. Upon the death of the surviving spouse, to the child or children of the pensioner until said child or children shall become eighteen years of age;
3. In the event the pensioner leaves no surviving spouse, to the child or children of said pensioner until said child or children become eighteen years of age;
4. In the event the pensioner leaves no surviving spouse and no child or children under the age of eighteen years, to the dependent mother or father of said pensioner. 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 thereof 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 thirty-three and one-third percent or fifty percent, as the case may be, of the average salary upon which the prior pension was based.
D. Upon the death of any person receiving a pension under Section 4.28.100, such pension shall cease and no further pension payments shall be made to anyone; provided that in the event the total pension payments made to such person receiving a pension under Section 4.28.100 are less than such person’s total contributions to the fund, computed without interest, the difference between such total pension payments and such total contributions with interest at the rate of two percent per year, compounded annually as of January 1st of each year, shall be paid to their surviving spouse; if they leave no surviving spouse then to their child or children under the age of eighteen years; if they leave neither surviving spouse nor child or children under the age of eighteen years, then to their dependent mother or father, the fact of such dependency to be determined by the board; if they leave neither surviving spouse, nor child or children under the age of eighteen years, nor dependent mother or father, then to their estate.
E. For the purposes of this section, compound interest shall be computed annually as of January 1st of each year on the total amount of the member’s accumulated contributions as of that date. Such interest shall be computed and allowed only for the period prior to the disability retirement under Section 4.28.100 of this chapter. (Ord. 3558-NS § 15, 1957)