Duty Death Benefits—Traditional Retirement Plan.
Ann Arbor City Code § 1:563
in effect1:563. - Duty Death Benefits—Traditional Retirement Plan.
Effective January 1, 2006, in the event (1) a Member dies as the result of a personal injury or disease arising out of and in the course of employment by the City, or (2) a disability Retirant dies prior to attaining Normal Retirement under section 1:556 and within a period of 3 years immediately following his disability Retirement as the result of the same injury or disease for which the Member retired, and in either case the Member's death, injury or disease resulting in death is found by the Board to be a work-related death, injury or disease resulting in death in accordance with Sections 301 and 415 of the Worker's Disability Compensation Act of 1969, as amended (MCL 418.301 or 418.415) or successor provisions of law, having occurred as the natural and proximate result of causes arising out of and in the course of actual performance of duty in the Service of the City, the applicable benefits provided in paragraphs (1) through (7) of this section, shall be paid, subject to the condition that the death of the said Member or Retirant is a compensable death under the Worker's Disability Compensation Act.
(1) Amounts paid under the Worker's Disability Compensation Act to a surviving Spouse or the child or children of a deceased Member or Retirant shall be offset against and payable in place of benefits provided under paragraphs (3) and (4) of this section. If the benefits under the Worker's Disability Compensation Act are less than the benefits payable, under paragraphs (3) and (4) of this section, the amount to be paid out of the Funds of the Retirement System shall be the difference between the benefits provided under the Worker's Disability Compensation Act and the benefits provided under paragraph (3) and (4) of this section.
(2) In the case of a deceased Member, the Member's Accumulated Contributions standing to his/her credit in the Annuity Savings Fund at the time of the Member's death shall be paid in accordance with section 1:564.
(3) The surviving Spouse or, to the extent allowed by law, Other Qualified Adult as described in section 1:552.2(5) shall receive a pension computed in the same manner as if the Member had (a) retired effective the day preceding the date of the Member's or Retirant's death, (b) been credited with a minimum of 25 years of Service credit if the Member or Retirant had less than 25 years of Service at the time of death, (c) elected Option II provided for in section 1:559(1), and (d) nominated the Spouse or Other Qualified Adult as a survivor Beneficiary.
(4) In the event there is no surviving Spouse (or to the extent allowed by law, Other Qualified Adult), the child or children of the deceased retired Member or Retirant shall receive a pension as if the Member had (a) retired the day preceding the date of the Member's or Retirant's death, (b) been credited with a minimum of 25 years of Service credit if the Member or Retirant had less than 25 years of Service at the time of death, and (c) elected a reduced straight life Retirement Allowance with monthly payments guaranteed for the period from the date of death until the youngest child would attain the age of 18. Each child shall receive an equal share of the guaranteed payments until each child attains the age of 18, at which time the total guaranteed payments shall be reapportioned in equal shares to the remaining children under the age of 18.
(5) In the event worker's compensation benefits are paid, upon termination of the statutory period for payment of worker's compensation to the surviving Spouse of the said deceased Member or Retirant, the said surviving Spouse shall receive a surviving Spouse's pension equal to the greater of (a) the surviving Spouse's weekly worker's compensation converted to an annual basis or (b) the surviving Spouse benefit payable in accordance with paragraph (3) of this section. Said pension to continue until death.
(6) In the event worker's compensation benefits are paid, upon termination of the statutory period for payment of worker's compensation to the child or children of the said deceased Member or Retirant, the said children shall each receive a child's pension equal to the greater of (a) the child's weekly worker's compensation converted to an annual basis; said child's pension to terminate upon his/her attainment of age 18 years, or death or marriage prior thereto or (b) the survivor Beneficiary benefits payable in accordance with paragraph (4) of this section. Should the surviving Spouse's pension be terminated by reason of the surviving Spouse's death, as provided in paragraph (5) of this section, and should an unmarried child or children under age 18 years survive the said surviving Spouse, each such child's pension shall be increased by a proportionate share of said surviving Spouse's pension.
(7) Upon termination of the statutory period for payment of worker's compensation to the parent or parents of said deceased Member or Retirant, the said parent or parents shall each receive a parent's pension equal to the parent's weekly worker's compensation converted to an annual basis; said parent's pension to terminate upon the parent's death.
(Ord. No. 16-28, § 1, 1-3-17)
Source: City of Ann Arbor, Michigan, Code (Municode Library, library.municode.com)URL: https://library.municode.com/mi/ann_arbor/codes/code_of_ordinances?nodeId=TITIAD_CH18EMRESY_1_563DUDEBERAREPLFetched: 11/8/2026