§ 203-49. Survivor Benefits.

In the event of the death of an Active Member, including a Member on leave of absence without pay for a period of not more than one year, who was a contributing Member of the Retirement System for at least 18 months prior to death and by reason of whose death no benefit is payable pursuant to Section 203-63(b), there shall be paid to, or on behalf of, such survivors who qualify under the provisions of this section the amounts hereinafter indicated, which amounts shall be in addition to the ordinary death benefit payable pursuant to Section 203-45.

(a)

If a Member is survived by a spouse, such spouse shall receive a pension of $157.50 per month for life or until remarriage. Such pension shall begin on the first day of the month next following the last day for which final compensation is paid for the services of the deceased Member if survivor benefits are payable pursuant to paragraph (b) hereof and shall continue to be paid as long as such spouse remains unmarried and survivor benefits are payable pursuant to paragraph (b) hereof. Effective the first of the month next following the 62nd birthday of such spouse, if the deceased Member had less than 15 years of Creditable Service, or effective the first of the month next following the 50th birthday of such spouse, if the deceased Member had 15 years of Creditable Service or more, such pension shall be paid irrespective of any benefits payable pursuant to paragraph (b) hereof. If no benefits are payable pursuant to paragraph (b) hereof, such spouse shall begin to receive the pension effective on the first day of the month following the 62nd birthday of such spouse, if the deceased Member had less than 15 years of Creditable Service, or effective the first of the month next following the 50th birthday of such spouse, if the deceased Member had 15 years of Creditable Service or more.

(b)

If a Member is survived by a spouse and a Retiree's natural or adopted child or children including natural children of a Member conceived prior to the Member's death, there shall be paid during the life of the surviving spouse to the surviving spouse or to the guardian of such child or children in the event such child or children are not in the custody of the surviving spouse the amount of $157.50 per month for one eligible child for as long as only one child meets the eligibility requirements hereinafter set forth or the amount of $270 per month for two or more eligible children, for as long as two or more children meet the eligibility requirements hereinafter set forth.

If a Member is not survived by a spouse or if the spouse dies or remarries during the dependency of the Member's minor child or children - there shall be paid to the guardian of such child or children, during the period there is no living spouse, the amount of $157.50 per month for one eligible child for as long as only one child meets the eligibility requirements hereinafter set forth, the amount of $315 per month for two eligible children for as long as two children meet the eligibility requirements hereinafter set forth or the amount of $427.50 per month for three or more eligible children for as long as three or more children meet the eligibility requirements hereinafter set forth.

In case a guardian is appointed for a surviving child by reason of the probate court adjudging such child to be mentally or physically incompetent, the Board may pay the guardian survivor benefits as provided in this section for the use and benefit of such child during the period of incompetency, notwithstanding the fact that such child may be over 18 years of age.

A natural child of a deceased Member shall be considered eligible for the purpose of computing benefits pursuant to this paragraph from the first of the month next following the child's birth or the death of the deceased Member, whichever is the latter date, until such child reaches 18 years of age or marries, whichever occurs first. In the case of a legally adopted child of the deceased Member, such child, in addition to the eligibility requirements hereinbefore fixed for a natural child of the deceased Member, must in order to be eligible to be considered for the computation of benefits pursuant to this paragraph have received at least one-half of the child's support from the deceased Member during the 12 months immediately prior to the death of the deceased Member.

(c)

If a Member is survived by a dependent father or mother, or both, who received more than one-half of their support from the deceased Member during the 12 months immediately prior to the death of the Member and this fact is established to the satisfaction of the Board within one year after the death of the Member, the dependent father or mother, or both, shall receive a pension in an amount fixed by the Board which shall not be less than $112.50 nor more than $157.50 per month each. If the benefits payable pursuant to this paragraph (c) together with the benefits payable pursuant to the preceding paragraphs of this section exceed the limitations fixed by paragraph (e), the benefits payable pursuant to this paragraph (c) shall be reduced to meet the requirements of paragraph (e).

Should any payments be made pursuant to this section to any person in excess of the payments due said person under the terms of this section, either because of the City's inability to determine the income of such person or otherwise, said overpayment shall be deducted from benefits thereafter payable to such person and no further benefits shall be payable to such person until such overpayment is fully recovered. Nothing herein shall be construed to in any way limit the right of the Retirement System to in any way limit to recover overpayment in any other manner provided by law.

Effective January 1, 1999, the monthly benefit amounts detailed in Sections (a), (b) and (c) herein, shall be adjusted for the increase in average hourly earnings that has occurred between June 1987 and June 1998 as measured by the U.S. Bureau of Labor Statistics. Effective January 1, 2000, and every January thereafter, monthly benefits will be adjusted based on the increase in average hourly earnings occurring during the immediately preceding July through June period as measured by the U.S. Bureau of Labor Statistics, not to exceed three (3) percent per year.

(d)

For the purpose of this section the following terms shall have the meanings indicated:

(i)

"Widow," "widower," "surviving spouse," "wife" or "husband" shall mean the person legally married to the deceased Member on the day of such Member's death as evidenced by an undissolved ceremonial marriage and who has, in the opinion of the Board, either lived with the deceased Member as spouse immediately prior to the Member's death or has taken care of the children of the Member for at least one year immediately prior to the Member's death or in the event there is no such person the person, if any, the deceased Member has held out to the public as his or her spouse for at least one year immediately prior to the Member's death and who has been designated by the deceased Member as his or her spouse by written designation duly filed with the Board.

(ii)

"Child" shall mean a natural child or a legally adopted child.

(e)

In no event shall more than $427.50 per month as adjusted according to the terms of the last paragraph of subsection (c) hereof, be paid pursuant to this section by reason of the death of a Member.

(f)

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. 203-21; ordained by Ord. No. 442-1960*, eff. Jan. 1, 1961; a. Ord. No. 473-1961, eff. Jan. 1., 1962; a. Ord. No. 169-1962, eff. June 8, 1962; a. Ord. No. 341-1962, eff. Oct. 19, 1962; a. Ord. No. 35-1965, eff. Feb. 26, 1965; a. Ord. No. 29-1967, eff. Feb. 24, 1967; a. Ord. No. 36-1968, eff. Mar. 1, 1968; a. Ord. No. 207-1970, eff. July 31, 1970; renumbered to C.M.C. 203-49, eff. Jan. 1, 1972; a. Ord. No. 136-1973, eff. Mar. 1, 1973; a. Ord. No. 502-1973, eff. Dec. 14, 1973; a. Ord. No. 311-1975, eff. June 18, 1975; a. Ord. No. 437-1975, eff. Sept. 10, 1975; a. Ord. No. 300-1979, eff. Aug. 4, 1979; a. Ord. No. 160-1981, eff. Apr. 29, 1981; a. Ord. No. 545-1983, eff. Dec. 23, 1983; a. Ord. No. 224-1988, eff. July 29, 1988, operative Sept. 1, 1988; a. Ord. No. 389-1998, eff. Nov. 20, 1998; a. Ord. No. 352-2001, eff. Oct. 31, 2001; a. Ord. No. 336-2016, § 1, eff. Nov. 26, 2016)

*Section 5 of Ord. No. 442-1960 states:

Notwithstanding any other provisions of this ordinance, members of the retirement system who are employed in the employment classifications, commonly called building crafts, shall not be eligible for any of the benefits provided for in Section 203-21 of the Code of Ordinances as ordained herein.

The council finds as a basis for this exception, and the exception in Ord. No. 437-1960, passed December 29, 1960, that because of the distinctive and unique terms of employment of these employees over twenty years or more, they should not receive these cash value benefits.