§ 203-45. Death Benefit Prior to Retirement.

Upon receipt of proper proof by the Board of the death of an Active Member, an Inactive Member, or a Deferred Vested Member, a death benefit shall be paid to a person that the Member shall have nominated by written designation duly executed in accordance with the provisions of this Section and filed with the Board.

(a)

The designation of the Beneficiary shall be limited to the following:

(i)

A person or persons,

(ii)

A trust,

(iii)

The Member's estate; or

(iv)

Other legal entity

(b)

If there is no such designation, the death benefit shall be paid to:

(i)

The surviving spouse; or

(ii)

If there is no surviving spouse then to any surviving children in equal shares; or

(iii)

If there is no surviving spouse or surviving children, to any surviving parents in equal shares; or

(iv)

If there is no surviving spouse, surviving children or surviving parents, then to the Member's estate.

(c)

Primary beneficiaries shall have 180 days to claim a benefit under this Section. If a primary beneficiary does not make a claim within 180 days, then that primary beneficiary forfeits all rights to a benefit under this Section. In the event that no primary beneficiaries make a claim, the beneficiaries next in order of preference shall become entitled to the benefit and shall have 90 additional days to claim the benefit under this section. If there are multiple beneficiaries in a given category, the benefit shall be divided equally among the eligible beneficiaries who make a claim within the applicable time period. Failure to make a claim within the required time period shall result in total forfeiture of this benefit for that beneficiary.

(d)

The death benefit shall consist of the return of the deceased Member's Accumulated Contributions, or in the event the sole, primary designated Beneficiary is the deceased Member's spouse, such spouse may elect between this benefit and the benefits available under Section 203-63(b) if eligible.

No person finally adjudged guilty either as a principal or an aider, abettor or procurer of the aggravated murder (ORC 2903.01), the murder (ORC 2903.02), or the voluntary manslaughter (ORC 2903.03) of a Member shall be eligible to receive the benefits payable pursuant to the provisions of this section by reason of the Member's death. For the purpose of this section, such person shall be considered as having predeceased the Member killed.

(C.O. 203-20; a. Ord. No. 315-1960, eff. Oct. 8, 1960; a. Ord. No. 442-1960, eff. Jan. 1, 1961; a. Ord. No. 168-1962, eff. June 8, 1962; a. Ord. No. 272-1966, eff. Aug. 6, 1966; a. Ord. No. 204-1967, eff. June 16, 1967, a. Ord. No. 528-1968, eff. Jan. 17, 1969; renumbered to C.M.C. 203-45, eff. Jan. 1, 1972, a. Ord. No. 502-1973, eff. Dec. 14, 1973; a. Ord. No. 300-1979, eff. Aug. 4, 1979; a. Ord. No. 545-1983, eff. Dec. 23, 1983; a. Ord. No. 116-1997, eff. May 23, 1997; a. Ord. No. 084-2011, § 11, eff. April 16, 2011; a. Ord. No. 336-2016, § 1, eff. Nov. 26, 2016; Emer. Ord. No. 357-2017, § 2, eff. Dec. 20, 2017; Emer. Ord. No. 343-2018, § 1, eff. Oct. 31, 2018)

Editor's note

Emer. Ord. No. 343-2018, § 1, effective October 31, 2018, renamed § 203-45 from "death benefit in service" to "death benefit prior to retirement".