104-87 ORDINANCE NO. 104-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 18, ,PENSIONS AND RETIRE-
MENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE
CODE OP ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 18-48(6), "PRERETIREMENT DEATH": TO PROVIDE
THAT DEATH BENEFITS SHALL BE PAYABLE TO A MEMBER'S SPOUSE OR
OTHER DESIGNATED BENEFICIARY; PROVIDING FOR THE APPORTION-
MENT OF DEATH BENEFITS PAYABLE TO .MULTIPLE BENEFICIARIES;
PROVIDING A SAVINGS CLAUSE; PROVIDINO AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 18-48(6), "PRERETIREMENT DEATH", of the Code o.f
Ordinances of the City of Delray Beach, Florida, is hereby ameixted to read as follows:
(6) PRERETIREMENT DEATH.
(a) Service incurred. A death benefit shall be payab!e on behalf
of any member who dies as a direct result of an occurrence
arising in the performance of service. These benefits are not
to. be limiting to other benefits available under state law.
The benefits shall be payable as follows..
1. To the spouse, until the earlier of death or remarriage, a
monthly benefit equal to fifty per cent (50%) of the
member's average monthly eernings~ or to a designated
beneficiary (or benefieieries) other than the spouse~
until death~ a monthly benefit equal to the actuarial
equivalent of a lifetime benefit payable to the member
in the amount of fifty percent (50%) of the member's
average monthly earnin{is at date of death~ plus=.
2. For each unmarried child until he or she shall have
reached the age of eighteen (18) years, and for each
- unmarried child from age eighteen (18) until age twenth-
two (22) who is a full-time student in a fully accredited
high school, college, or university, there shall be paid in
equal monthly installments, an amount equal to five per
cent (5%) of the average monthly earnings. subject to an
overall limitation of a total of sixty Der cent (60%) of
average monthly earnings for the spot~e and children
,..ombined. The nonstude.ut child's-pension shall
~erminate on the earlier of death, marriage or the
attainment of age eighteen (18); the pension of a child
~-ho is a student shall terminated on .the earlier of
death, marriage or the attainment of age twenty-two
(22). Legally adopted children shall be eligible the same
as natural children.
Upon remarriage or death of the spouse, the five
per cent (5%) child allowance shall be increased to ten
per cent (10%) for each child, not to exceed a combined
total of thirty-five per cent (35%) of the member's
average monthly earnings. The trusteeship and
disbursements of the pension to any child or children
shall be determined by the board of trustees.
(b) Nonserviee incurred. If any member shall die in active
service from causes not attributable to active duty or
service, a death benefit shall be payable as follows:
1. With less than one year of continuous service, a single
sum amount of two thousand five hundred dollars
($2,500.00) to the member's spouse or other designated
be. nefieiary (or benefieiaries)~ as the case may be.
2. With one but less than five (5) years of continuous
service, a single sum amount of five thousand dollars
($5,000.00) to the member's spouse or other designated
beneficiary (or benefieiaties)~ as the ease may be.
3. With five (5) or more years of continuous service:
(i) A single sum amount of five thousand dollars
($5,000.00) to the member's spouse or other
designated beneficiary, (or beneflciaries)~ as the
case may be, plus
(ii) To the spouse until remarriage or death.[ in equal
monthly payments, a pension equal to sixty-five
per cent (65%) of such member's accrued
pension aa of date of death, subject to a
minimum of twenty per eqnt (20%) of ave~a&e
monthly earnings, ot to a dgsignated beneficiary
(~es) other than the souse until
death~ a monthly bene al
equivalent of a lifetime benefit ~ayable to the
member in the amount of sixty-five [~,ercent
(65%) of such member's accrued Densio~ as of
date of deaths plus
(iii) To the child oe children of such deceased
member, the same benefits as are payable by
reason of service incurred death, subject
however, to a maximum combined limitation of
monthly payments to the spouse and children of
fifty per cent (50%) of average monthly earnings
and thirty-five per cent (35%) after remarriage
or death of spouse.
(c) In the event more than one beneficiary is designated by the
member~ the death benefits L~rovided in this section shall be
apportioned equally amonl~ the beneficiaries.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3. That this ordinance should become effective immediately after its
Dassage on second and final reading.
PASSED AND EDOFTED in specialsession on second and final reading on this
the 22nd day of Decembe:~ 1987.
MAYOR
ATTEST:
First Readi~ December 8 f 1987
Second Reading December 22, 1987
2 ORD. NO. 104-87