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Session Laws, 1970
Volume 695, Page 2562   View pdf image
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2562                               Municipal Charters

(2)    Prior to his normal retirement date with respect to a participant
who was determined to be totally and permanently disabled in accordance
with section 14-303 (a) (1) from an on duty cause, OR

(3)    At any time with respect to a participant who has elected a
reduced benefit in accordance with subsection (e) (3) of section 14-303
and if, immediately prior to his date of death or his date of disability,
whichever first occurs, he was making participant's contributions under
the plan monthly death benefit payments will commence as follows:

(4) (i) If the participant is survived by a lawful [widow] spouse,
his widow SUCH SPOUSE shall become eligible to receive monthly death
benefit payments in an amount determined below, commencing as of the
first day of the month coinciding with or next following the participant's
death and ceasing as of the earlier of the spouse's [widow's] date of death
or date of remarriage, except that if the participant's death results from

an on duty cause, and if, on the death of his widow, there is a surviving

unmarried child or children under the age of eighteen years, death benefit
payments will be
payable as provided under subparagraph (5) below, not-
withstanding any terms of such subparagraph to the contrary.

(5) (ii) If the participant is survived by an unmarried child or
children under the age of eighteen years and is not survived by a [widow]
lawful spouse and the participant's child or children, if any, have not
married or attained their eighteenth birthday, death benefit payments will
become payable to such child or children commencing with the first day
of the month following the participant's death. Death benefit payments
will be payable to the participant's unmarried children under the age of
eighteen years as a group, each such child becoming ineligible to receive
any part of the payment upon attaining his eighteenth birthday or upon
marriage, whichever first occurs. As of the date all the participant's
unmarried children attain their eighteenth birthday, no further benefits
will be payable.

(6) (in) If the participant is survived by a lawful spouse,, death
benefit payments will be payable as provided under subparagraph (4)
SUBSECTION (a) (3) (i) above and, in addition, upon the death of such
spouse, if there is a surviving unmarried child or children under the age
of 18 years, death benefit payments will be payable as provided under
subparagraph (5) SUBSECTION (a) (3) (ii) above, notwithstanding
any terms of said subparagraph to the contrary.

(7) (4) [(6)] The monthly amount of death benefits payable in
respect to a participant whose death occurs as a direct result of the active
performance of his duties shall be equal to sixty-six and two-thirds per
cent of the participant's final earnings.

(8) (5) [(7)]

(i) The monthly amount of death benefit payments payable with
respect to an eligible participant whose death did not occur as a direct
result of the active performance of his duties shall be equal to the partic-
ipant's monthly accrued pension computed in accordance with section
14-302 (a), except that if such participant was receiving disability pension
payments immediately prior to his death, the monthly amount of death
benefit payments payable with respect to such participant shall be the
amount of his monthly disability pension multiplied by one hundred per
cent if he had elected a sixty per cent continuation under subsection (e)
(3) of section 14-303, by sixty-six and two-thirds per cent if he had
elected a seventy per cent continuation thereunder, or by fifty per cent
if he had elected an eighty per cent continuation thereunder.

 

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Session Laws, 1970
Volume 695, Page 2562   View pdf image
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