New Orleans |
Code of Ordinances |
Chapter 114. PERSONNEL |
Article III. RETIREMENT SYSTEM |
Division 9. DEATH BENEFITS |
§ 114-188. Death while an active member.
A.
If an active member dies before his retirement, his beneficiary shall be paid the balance of his member account in the form of a single-sum.
B.
If an active member is credited with not less than three years of creditable service as of the date of his death, then in addition to any amount payable under subsection A hereof, his beneficiary shall receive a single-sum equal to the lesser of:
1.
His base compensation, determined with respect to the calendar year preceding the year in which his date of death occurred; or
2.
The sum of (a) 25 percent of his base compensation determined with respect to the calendar year preceding the year in which his date of death occurred, and (b) five percent of such base compensation for each year of creditable service in excess of one.
C.
If an active member, as of the date of his death (1) has attained age 55 and is credited with not less than ten years of creditable service or is credited with not less than 20 years of creditable service without regard to his age, disregarding any purchase of military service except qualified military service, and (2) such deceased member's sole primary beneficiary is his surviving spouse, then such spouse may elect to receive a monthly annuity commencing as of the member's date of death and ending when such spouse attains the earliest age of eligibility for Social Security widow/widower benefits. The benefit provided hereunder shall be in lieu of any other benefit from the system.
D.
If an active member is otherwise eligible for retirement as of the date of his death, and such deceased member is survived by his spouse, then in lieu of any benefit hereunder, such spouse shall receive the survivor's portion of the Option 2 annuity, determined as if the member had retired immediately before his date of death.
E.
Any benefit payable hereunder shall be determined without regard to any military service purchased by the deceased member.
(M.C.S., Ord. No. 26460, § 2, 6-18-15)