§ 14. Benefits Payable Upon Death of Member.

(1)

Unless the member at time of separation or thereafter has elected and qualifies with at least ten (10) years of credited service for a life with 10 year certain form of payment pursuant to Section 34(1)(a); or has elected and started receipt of or started DROP account accrual of a life only form of payment pursuant to Section 34(1)(b); or has elected and started receipt of or started DROP account accrual of a joint pensioner form of payment pursuant to Section 34(1)(c), upon the death of the member, the amounts stated in subsection (5) shall be paid to the member's surviving spouse, if any, for the remainder of the surviving spouse's natural life, regardless of marital status; provided, however, if the deceased member left surviving issue in being under the age of eighteen (18) who are issue of said decedent and the member's surviving spouse, twenty-five percent (25%) of the aforesaid surviving spouse's pension shall be paid to said surviving spouse for said issue, until said issue become eighteen (18), at which time the full surviving spouse's pension shall be paid to said surviving spouse for the remainder of the surviving spouse's natural lifetime regardless of marital status; and, provided further, if said deceased member died with issue surviving in being under the age of eighteen (18) who are issue of said decedent and not of the surviving spouse, twenty-five (25%) of the aforesaid surviving spouse's pension shall be divided and paid on a per capita basis, to:

(a)

the legal guardian or guardians of said issue, or a trustee of a trust of which said issue is a beneficiary, for said issue; until age eighteen (18); and

(b)

the surviving spouse, for issue, if any, the surviving spouse and the deceased member may have had who survived the member and were in being and under eighteen (18) years of age at the time of the member's death.

(2)

If said decedent leaves no surviving spouse, but does leave issue as aforesaid, the aforesaid full surviving spouse's pension shall be divided and paid on a per capita basis to the legal guardian or guardians of said issue, or a trustee of a trust of which said issue is a beneficiary, for said issue, until age eighteen (18). Notwithstanding anything to the contrary in this section, all payments for any issue shall cease at age eighteen (18) or at death of said issue prior thereto or at the times provided in Section 22 of this act and said cancelled payments for said issue shall not serve to increase the payments to any other issue but shall be paid to said surviving spouse if then alive for the remainder of the surviving spouse's natural lifetime regardless of marital status.

(3)

If a deceased member of the said fire department, active or retired, shall leave no surviving spouse and shall not leave a surviving child or children in being and his issue and under the age of eighteen (18) years, but shall leave a surviving parent who is entirely dependent upon said member for support, the dependent parents pro rata shall receive the same pension to which the surviving spouse would have been entitled, unless and until such dependent parent becomes self-supporting or dies. If both dependent parents are receiving pension and one becomes self-supporting or dies, the one hundred percent (100%) of the benefit shall be paid to the other dependent parent.

(4)

Notwithstanding anything to the contrary in this section, the fund, board of trustees, comptroller and the city shall not be liable or responsible in any way for identification or verification of the authenticity of surviving spouses, issues, guardians, or trustees, or dependent parents or changes in status thereof; moreover, without limiting the foregoing, to be entitled to be considered for said payments provided herein, proof of identification and authenticity of the surviving spouse, issue, guardians, and trustees, or dependent parents along with sufficient address and status information under Section 22 of this Act, must be presented to the board in writing within thirty (30) days of the death of said member and proof of changes therein presented to the board in writing within thirty (30) days after the change. Without limiting the foregoing sentence, any surviving spouse deeming himself or herself entitled under this section to an increase in pension on account of change in status of issue shall present in writing to said board proof satisfactory to the board of said change within thirty (30) days thereafter. If the board of trustees decides, in its discretion, that proof of any of the aforesaid changes has been satisfactorily shown to it in writing, the change of pension shall be made by said board effective with the next monthly payment due after said showing; provided, however, no change in pension payment or amount thereof shall be retroactive.

(5)

(a)

If the member qualifies for benefits pursuant to Section 7, "Permanent Disability Pension; Not in Line of Duty", the amount of the monthly pension shall be equal to sixty-five percent (65%) of the pension that the deceased member was entitled to receive based on years of credited service, unless the member had twenty (20) years of credited service at time of retirement on disability in which case the monthly pension shall be equal to seventy-five percent (75%) of the pension that the deceased member was entitled to receive based on years of credited service.

(b)

If the member's death qualifies for benefits pursuant to Section 8, "Pension for Death In Line of Duty", the monthly pension shall be seventy-five percent (75%) of eighty percent (80%) of the member's average monthly salary; provided however a member who has completed 23.53 years of credited service shall be entitled to an additional 3.4% over the eighty percent (80%) for each year of credited service in excess of 23.53 years of credited service, but not to exceed eighty-five percent (85%) unless the deceased member had completed 42.5 years of credited service in which case the benefit shall be increased by an additional 2% per year for each year in excess of 42.5 years of credited service, but not to exceed one-hundred percent (100%). Provided however, for the guaranteed 120 monthly payments provided for in Section 35(1), the amount of the monthly pension payable for a firefighter with twenty (20) or more full years of credited service at time of death shall be as set forth in Section 12(2)(b) or (c) and (3).

(c)

If the member qualifies for benefits pursuant to Section 9, "Permanent Disability Pension: In Line of Duty", the monthly pension shall be seventy-five percent (75%) of the pension the deceased member was entitled to receive.

(d)

If the member's death qualifies pursuant to Section 10, "Pension for Death Not In Line of Duty", after payment of the guaranteed 120 monthly payments provided for in Section 35(1), thereafter, if applicable, the monthly pension payable to the eligible surviving spouse and issue in being under the age of eighteen (18) shall be sixty-five percent (65%) of the pension that the member was entitled to receive; provided however that if the active member at the time of his or her death shall have reached normal retirement date, the monthly pension shall be equal to seventy-five percent (75%) of the pension the deceased member was entitled to receive based on years of credited service.

(e)

If a member is entitled to a pension pursuant to Section 12, "Service Requirement for Voluntary Retirement", the monthly pension shall be seventy-five percent (75%) of the pension that the member was entitled to receive.

(6)

Effective for any pension paid a surviving spouse which started on or after January 1, 2008, any pension being paid under the terms and provisions of this act to any surviving spouse shall not cease upon the surviving spouse's remarriage. The surviving spouse of such deceased member killed in the line of duty whose benefits terminated because of remarriage shall have the benefit reinstated as of July 1, 1994, at an amount that would have been payable had such benefit not been terminated. No pension shall be paid under the terms and provisions of this section to any surviving spouse unless the surviving spouse was the lawful spouse of the deceased member of the said fire department, at the time the member was placed on pension or entered DROP under the terms and provisions of this act. The pension provided for issue of the deceased member under the age of eighteen (18) years shall not cease by virtue of the remarriage of their surviving mother or father, but it shall continue until the occurrence of one or more of the events mentioned in Section 22 hereof.

(7)

If the member was eligible for cost-of-living increases pursuant to Section 19, then those eligible for benefits payable upon the death of the member shall also be eligible for cost-of-living increases in the same percentage and at the same time that the member would have been entitled to receive the Section 19 cost-of-living increases.

(Laws of Fla. ch. 23444(1945), § 14; Ord. of 6-18-2001, § 9, Doc. #33874; Ord. of 1-14-2008, § 10, Doc. # 0801141004; Laws of Fla. Ch. 2009-268, § 14; Ord. No. 2013-8, § 4, 2-4-2013, Doc. #1302041201)