§ 33. Pre-Separation Death.

In the event a firefighter dies prior to separation from employment as a firefighter or prior to entry into DROP, whichever comes first:

(1)

Prior to Completion of Ten (10) Years of Credited Service.

(a)

For a firefighter who has not yet completed ten (10) years of credited service and whose death is not eligible for benefits pursuant to Section 8, "Pension for Death In Line of Duty", a refund of one hundred percent (100%) of the firefighters' accumulated contributions without interest shall be paid pursuant to Section 32, "Beneficiaries" and Section 13, "Refund of Member's Contributions".

(b)

For a firefighter who has not yet completed ten (10) years of credited service and whose death is eligible for benefits pursuant to Section 8, "Pension for Death In Line of Duty", benefits shall be paid to the surviving spouse and issue in being under the age of eighteen (18) years, or dependent parents, pursuant to Section 14, "Benefits Payable Upon Death of Member." Provided however, if there is no person eligible for benefits under Section 14, a refund of one hundred percent (100%) of the firefighters' accumulated contributions shall be paid pursuant to Section 32, "Beneficiaries" and pursuant to Section 13, "Refund of Member's Contributions".

(2)

After completion of ten (10) years of credited service.

(a)

A firefighter who has completed ten (10) years of credited service and prior to separation, in lieu of the benefits otherwise payable to the surviving spouse and issue in being under the age of eighteen (18), or dependent parents, pursuant to Section 14, "Benefits Payable Upon Death of Member", may elect in writing to have his designated beneficiary or beneficiaries receive those benefits that otherwise would have been paid to the member but for the member's death beginning on the first day of the month immediately following the member's death regardless of the age of the deceased member, with the remainder of the 120 monthly payments, if any. If the firefighter makes this election, no benefits shall be paid pursuant to Section 14(5)(b) or Section 14(5)(d) to the surviving spouse, issue in being under the age of eighteen (18), or dependent parents. Provided however, the firefighter may designate the surviving spouse, issue in being under the age of eighteen (18), or dependent parents to receive the remainder of the 120 monthly payments.

(b)

For a firefighter who has not made the Section 33(2)(a) election and who has completed ten (10) years of credited service and whose death is eligible for benefits pursuant to Section 10, "Pension for Death Not in Line of Duty", benefits shall be paid pursuant to Section 14, "Benefits Payable Upon Death of Member" and Section 35(1), "10 Year Certain Guarantee".

(c)

For a firefighter who has not made the Section 33(2)(a) election and who has completed ten (10) years of credited service and whose death is eligible for benefits pursuant to Section 8, "Pension for Death In Line of Duty", benefits shall be paid pursuant to Section 14, "Benefits Payable Upon Death of Member" and Section 35(1), "10 Year Certain Guarantee".

(d)

A firefighter who dies prior to separation from employment as a firefighter or prior to entry into DROP and while a Section 34(1)(b) life only option, or a Section 34(1)(c) joint pensioner option made pursuant to Section 34, "Optional Forms of Retirement Income" is in effect, the aforesaid elected option shall be void, and the monthly retirement income payments will be pursuant to Section 14, "Benefits Payable Upon Death of Member", and Section 35, "10 Year Certain Guarantee".

(Ord. of 1-14-2008, § 14, Doc. # 0801141004)