§ 35. 10-Year Certain Guarantee.

(1)

Death prior to retirement. Should a firefighter die prior to separation from employment as a firefighter or entry into DROP having at least ten (10) years of credited service, the 120 monthly payments otherwise payable to the firefighter shall be paid pursuant to Section 32, "Beneficiaries", beginning on the first day of the month immediately following the member's death regardless of the age of the deceased member, and the monthly benefits payable to the member's surviving spouse and issues under the age of eighteen (18), or dependent parents, payable pursuant to Section 14, "Benefits Payable Upon Death of Member", shall begin on the first day of the month immediately following the conclusion of the 120 month period.

(2)

Death after separation from service but before payments or DROP accruals start. Should a firefighter die after separation from service as a firefighter or entry into DROP but before payments or DROP accruals commence having at least ten (10) years of credited service, the 120 monthly payments otherwise payable to the firefighter shall be paid pursuant to Section 32, "Beneficiaries", beginning on the first day of the month immediately following the member's death regardless of the age of the deceased member, and the monthly benefits payable to the member's surviving spouse and issues under the age of eighteen (18), or dependent parents, payable pursuant to Section 14, "Benefits Payable Upon Death of Member", shall begin on the first day of the month immediately following the conclusion of the 120-month period.

(3)

Death after payments commences. Should a Firefighter with at least ten (10) years of credited service die after payments or DROP accruals start, or should a Firefighter retire pursuant to Section 9, "Permanent Disability Pension; in Line of Duty", regardless of the length of credited service, and unless a Firefighter has elected the Section 34(1)(b) life only form of payment or the Section 34(1)(c) joint pensioner form of payment, the Firefighter shall receive 120 monthly payments. Should the Firefighter die before receiving or having his DROP account credited with 120 monthly payments, the remainder of the 120 monthly payments otherwise payable to the Firefighter shall be paid pursuant to Section 32, "Beneficiaries", beginning on the first day of the month immediately following the Firefighter's death regardless of the age of the deceased Firefighter, and the monthly benefits payable to the Firefighter's surviving spouse and issues under the age of eighteen (18), or dependent parents, if any, payable pursuant to Section 14, "Benefits Payable Upon Death of Member", shall begin on the first day of the month immediately following the conclusion of the 120 month period.

(4)

A Beneficiary of a Section 34(1)(a) life with ten (10) years certain option, in lieu of the payments of the monthly benefit such beneficiary is entitled to receive as stated herein for the remainder of the 120 monthly payments, may elect to receive a lump sum payment of the actuarial equivalence of the remainder of the 120 monthly payments.

(Ord. of 1-14-2008, § 16, Doc. #0801141004; Ord. of 6-23-2008, § 1, Doc. #0806231002)