DEATH

Memphis Code of Ordinances tit. 4, ch. 4-34, art. 6

in effect

Memphis Code of Ordinances § 4-34-42 Line-of-duty death.

Sec. 4-34-42. - Line-of-duty death. A. The beneficiaries described in section 4-34-43(B) of a participant who is not a police officer or firefighter who dies as the direct and proximate result of an accident sustained by him as a participant, while in the actual performance of duties for the city without willful negligence on his/her part, before or after s/he received a line-of-duty disability benefit under section 4-34-43, shall receive a death benefit equal to the greater of 60 percent of his/her average monthly compensation or his/her accrued benefit as of the date of such death. Such death benefit shall be paid in accordance with section 4-34-44. B. The beneficiaries described in section 4-34-43(B) of a participant who is a police officer or firefighter who dies as the direct and proximate result of an accident sustained by him as a participant, while in the actual performance of duties for the city without willful negligence on his/her part, before or after s/he received a line-of-duty disability benefit under section 4-34-32, shall receive a death equal to the greater of 60 percent of his/her average monthly compensation or his/her accrued benefit as of the date of such death. Such death benefit shall be paid in accordance with section 4-34-44. (Ord. No. 5573, § III, 12-16-2014; Ord. No. 5763, § 1(25-250), 12-15-2020)

Memphis Code of Ordinances § 4-34-43 Other death benefit.

Sec. 4-34-43. - Other death benefit. A. The beneficiaries described in section section 4-34-43(B) of a participant who dies other than as described in section 4-34-42(A) or section 4-34-42(B) and who has not elected deferred retirement under section 4-34-33, shall receive a death benefit in accordance with section 4-34-44 equal to 75 percent of: 1. The retirement benefit, if any, the participant was receiving as of his/her date of death; or 2. If the participant died before his/her annuity commencement date, but after the participant was credited with five or more years of service, or suffered an ordinary disability, the retirement benefit to which the participant was entitled under section 4-34-31, 4-34-32, or 4-34-33. B. The only beneficiaries of the benefit under section 4-34-43(A) shall be the participant's spouse, if married to the participant at the time of his/her death, or, if no such spouse, the participant's surviving child and handicapped child, as those terms are defined in section 4-4-1(A)(6). C. Death benefits with respect to qualified military service. In the case of a participant who dies on or after January 1, 2007 while performing qualified military service (as defined in Code section 414(u)) with respect to the city, his/her beneficiary shall have a nonforfeitable interest in all city contributions to the participant to the extent that he/she would have had to such city contributions in the event that the participant resumed, and then terminated, employment on account of death. (Ord. No. 5573, § III, 12-16-2014; Ord. No. 5763, § 1(25-251), 12-15-2020)

Memphis Code of Ordinances § 4-34-44 Distribution.

Sec. 4-34-44. - Distribution. A. Beneficiary priority. The death benefit section 4-34-42 or 4-34-43 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 surviving children and handicapped children, for as long as they are children or handicapped children; 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 2016 plan as a result of the participant's spouse's interest in a benefit payable under section 4-28-42 or section 4-28-43. B. Payment after refund. If a participant's employee contributions have been refunded under section 25-243 before the participant's date of death, credits against such refund shall be made in lieu of death benefit payments under section 4-28-42 or 4-28-43 until such credits have fully offset such refund amount. (Ord. No. 5763, § 1(25-252), 12-15-2020)

Memphis Code of Ordinances § 4-34-45 Residual benefits.

Sec. 4-34-45. - Residual benefits. Notwithstanding any other sections of this 2016 plan, a participant's beneficiaries, in the order of priority as set forth in section 4-25-254 hereof, shall be paid any excess of the participant's total accumulated employee contributions, minus the aggregate total retirement and death benefit payments under this 2016 plan made to the participant, the participant's spouse, children, or any other designated beneficiary, following the death of all such individuals. Notwithstanding the foregoing, however, a final divorce decree shall terminate an ex-spouse's status as beneficiary, unless the participant has on file in the retirement office a beneficiary designation that redesignates the ex-spouse as beneficiary dated subsequent to the issuance of the divorce decree. (Ord. No. 5763, § 1(25-253), 12-15-2020; Ord. No. 5873, § 11, 7-11-2023)

Memphis Code of Ordinances § 4-34-46 Employee contribution refunds upon death.

Sec. 4-34-46. - Employee contribution refunds upon death. For a participant whose employment terminates due to death, whose beneficiaries are not entitled to any benefit under any other section of this plan, such participant's beneficiaries, in the order specified below, shall be entitled to receive a refund of the participant's contributions, less the aggregate of any amount of such contributions paid to the participant, the participant's spouse, children or any other designated beneficiary, prior to the participant's death. The beneficiaries of the benefit under this section (or in the case of residual benefits the beneficiaries of any residual benefits under section 4-28-20(A) hereof) shall be: 1. the beneficiary or beneficiaries designated by the participant (in accordance with procedures established by the board). Notwithstanding the foregoing to the contrary, if the participant is married at the time of such designation, if the beneficiary or beneficiaries designated by the participant is not the participant's spouse, the participant's spouse's written consent to such specific beneficiary or beneficiaries shall be required for such designation to be effective, and such consent shall be witnessed by a notary public or by the benefits manager of the city, the total rewards officer of the city, or such other person representing the board as duly designated by the board. A participant's spouse may give a general consent acknowledging the spouse's right to consent to any beneficiary or beneficiaries and relinquishing such right, in which event any future revocation and/or redesignation of beneficiary(ies) by the participant shall not require further spousal consent. The consent of the spouse must acknowledge the effect of such election and once given, cannot be revoked by such spouse. Any spousal consent shall only be applicable to the spouse granting such consent, or 2. the participant's spouse, if married to the participant at the time of his/her death, or 3. if no such spouse, the participant's surviving child and handicapped child, as those terms are defined in section 4-25-1(6), or 4. if no such surviving child and/or handicapped child, to the participant's surviving child as the term "child' is defined in section 4-25-1(6) but without regard to the child's age or status in an educational institution, or 5. if no such surviving child to the alternative beneficiary or beneficiaries designated by the participant (in accordance with procedures established by the Board), or 6. if the participant failed to designate an alternate beneficiary or beneficiaries as provided above, to the participant's estate. If there is more than one eligible beneficiary the benefit shall be divided equally among the eligible beneficiaries unless the beneficiaries are designated beneficiaries by the participant as provided above whereupon the benefit will be divided in accordance with the designation by the participant, or if no such designation then equally. For purposes of this section, the terms "spouse" and "child" shall mean any person who the board determines in good faith under the plan is the legally recognized spouse or child of the participant. Notwithstanding the foregoing, a final divorce decree shall terminate an ex-spouse's status as beneficiary, unless the participant has on file in the retirement office a beneficiary designation that redesignates the ex-spouse as beneficiary dated subsequent to the issuance of the divorce decree. Each beneficiary, or his/her duly appointed representative, shall be responsible for making application, in accordance with uniform procedures established by the board, for any benefit due to him/her under this section. A beneficiary shall have no claim against the board, or the pension system, or the city by reason of the failure of such beneficiary to apply properly or timely for benefits under the pension system. (Ord. No. 5763, § 1(25-254), 12-15-2020; Ord. No. 5873, § 12, 7-11-2023)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT4PERESY_CH4-342016CABAPLDECOPL_ART6DEFetched: 10/28/2026