§ 4-28-19 — Distribution

Sec. 4-28-19. - Distribution.

A. Beneficiary priority. The death benefit of section 4-24-16 or section 4-24-17 shall be paid to the surviving spouse (as such term is defined in section 4-4-1) until the spouse's death. If there is no spouse, or upon the spouse's death, the death benefit shall be made or shall continue to be paid to or on the behalf of the participant's surviving child and handicapped child (as the terms "child" and "handicapped child" are defined in section 4-4-1), for as long as the individual is a child or handicapped child; provided, however, any handicapped child shall be entitled to receive only 50 percent of the benefit payment any other child of the participant shall be entitled to receive. If payments are made to more than one child, the death benefit shall be payable in equal shares; provided, if any child becomes ineligible to receive benefits because of death or attainment of age, the death benefit shall be divided equally among the remaining eligible children. No surviving spouse of a participant's spouse shall be entitled to any benefits from this 1978 plan as a result of the participant's spouse's interest in a benefit payable under section 4-24-16 or section 4-24-17. For each participant hired on or after July 1, 2012, the death benefit of 4-24-16 or 4-24-17 shall be paid to the surviving spouse until the spouse's death. If there is no spouse, or upon the spouse's death, the death benefit shall be made, or shall continue to be paid to or on the behalf of the participant's child and handicapped child (as the terms "child" and "handicapped child" are defined in section 4-4-1), for as long as the individual is a child or handicapped child; provided, however, any handicapped child shall be entitled to receive only 50 percent of the benefit payment any other child of the participant shall be entitled to receive. If payments are made to more than one child, the death benefit shall be payable in equal shares; provided, if any child becomes ineligible to receive benefits because of death or attainment of age, the death benefit shall be divided equally among the remaining eligible children. No surviving spouse of a participant's spouse shall be entitled to any benefits from this 1978 plan as a result of the participant's spouse's interest in a benefit payable under section 4-24-16 or section 4-24-17. B. Payment after refund. If a participant's employee contributions have been refunded under section 4-28-14 before his or her date of death, credits against such refund shall be made in lieu of cash death benefit payments under section 4-28-16 or 4-28-17 until such credits have fully offset such refund amount.

(Code 1985, § 25-193; Ord. No. 3907, § 1, 12-5-1989; Ord. No. 5416, § 3, 12-6-2011; Ord. No. 5763, § 1(25-193), 12-15-2020)