§ 3.36.1463 — Limitations on optional settlements

3.36.1463 - Limitations on optional settlements.

A. In no case shall the percentage paid to the surviving spouse or surviving domestic partner be greater than one hundred percent or be less than fifty percent of the reduced retirement allowance paid to the member. B. The percentage paid to the surviving spouse or surviving domestic partner of a member shall be a multiple of five percent (e.g., fifty percent, fifty-five percent, sixty percent, sixty-five percent). C. In no case shall an optional settlement be selected that would result in the payment of an allowance to a surviving spouse or surviving domestic partner that is less than the allowance that would be payable to the surviving spouse or surviving domestic partner if no optional settlement had been selected. D. In no case shall any allowance be paid to a retired member that is greater than the allowance that would have been paid had no optional settlement been selected. E. The optional settlements provided in this part shall be paid only to the person who was married to the member both at the time of the member's retirement and at the time of the member's death or to the person who was the member's domestic partner both at the time of the member's retirement and at the time of the member's death, whichever is applicable. F. In no case shall the total of the monthly allowance payable to a surviving spouse or surviving domestic partner under an optional settlement plus the monthly allowances payable to any surviving children under the provisions of this chapter exceed a maximum of seventy-five percent of the deceased member's final compensation. In the event the total of such monthly allowances would exceed said maximum, the amounts payable to the children shall be reduced to such amounts as, when added to the amount payable to the surviving spouse or surviving domestic partner, will not exceed said maximum.

(Ords. 24170, 27712, 29266, 29879.)