2682
COUNTY LOCAL LAWS
death benefit payments will commence as follows:
(i) If the participant is survived by a
lawful spouse, 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 date of death or date of remarriage.
(ii) If the participant is survived by an
unmarried child or children under the age of eighteen
years and is not survived by a 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.
(iii) If the participant is survived by a
lawful spouse, death benefit payments will be payable
as provided under 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 subsection (a) (3)(ii) above,
notwithstanding any terms of said subparagraph to the
contrary.
(5)(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 participant'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 percent if he had elected a sixty percent
continuation under subsection (e) (3) of Section
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