6.
(a)This section applies to an active or
retired member who dies other than in the line of duty (as defined in
section 10.1 of this chapter).
(b)A payment shall be made to the surviving spouse of a deceased
member in an amount fixed by ordinance, but at least an amount equal
to the following:
(1)To the surviving spouse of a member who died before January
1, 1989, an amount equal to thirty percent (30%) of the monthly
pay of a first class patrolman per month during the surviving
spouse's life if the spouse did not remarry before September 1,
1983. If the spouse remarried before September 1, 1983, and
benefits ceased on the date of remarriage, the benefits for the
surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
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6. (a) This section applies to an active or
retired member who dies other than in the line of duty (as defined in
section 10.1 of this chapter).
(b) A payment shall be made to the surviving spouse of a deceased
member in an amount fixed by ordinance, but at least an amount equal
to the following:
(1) To the surviving spouse of a member who died before January
1, 1989, an amount equal to thirty percent (30%) of the monthly
pay of a first class patrolman per month during the surviving
spouse's life if the spouse did not remarry before September 1,
1983. If the spouse remarried before September 1, 1983, and
benefits ceased on the date of remarriage, the benefits for the
surviving spouse shall be reinstated on July 1, 1997, and continue
during the life of the surviving spouse.
(2) Except as otherwise provided in this subdivision, to the
surviving spouse of a member who dies after December 31, 1988,
an amount per month, during the spouse's life, equal to the greater
of:
(A) thirty percent (30%) of the monthly pay of a first class
patrolman; or
(B) fifty-five percent (55%) of the monthly benefit the deceased
member was receiving or was entitled to receive on the date of
the member's death.
However, if the deceased member was not entitled to a benefit
because the member had not completed twenty (20) years of
service, for purposes of computing the amount under clause (B),
the member's benefit shall be considered to be fifty percent (50%)
of the monthly salary of a first class patrolman. The amount
provided in this subdivision is subject to adjustment as provided
in subsection (e).
(c) Except as otherwise provided in this subsection, a payment shall
also be made to each child of a deceased member less than eighteen
(18) years of age, in an amount fixed by ordinance, but at least an
amount equal to twenty percent (20%) of the monthly pay of a first
class patrolman per month:
(1) until the child becomes eighteen (18) years of age;
(2) until the child becomes twenty-three (23) years of age if the
child is enrolled in and regularly attending a secondary school or
is a full-time student at an accredited college or university; or
(3) during the entire period of the child's physical or mental
disability;
whichever period is longer. However, the total of benefits under this
subsection added to the benefits under subsection (b) may not exceed
the maximum benefits computed under section 9 of this chapter for
pension payments to a member who retires from active service after
twenty (20) years or more of active service. This maximum benefit is
equal to fifty percent (50%) of the salary of a first class patrolman in
the police department plus, for a member who retired before January
1, 1986, two percent (2%) of the first class patrolman's salary for each
year of service of the retired member over twenty (20) years or, for a
member who retires after December 31, 1985, plus one percent (1%)
of the first class patrolman's salary for each six (6) months of service
of the retired member over twenty (20) years. However, the maximum
benefit may not exceed in any year an amount greater than seventy-four
percent (74%) of the salary of a first class patrolman.
(d) Except as otherwise provided in this subsection, if a deceased
member leaves no surviving spouse and no child who qualifies for
benefits under subsection (c) but does leave a dependent parent or
parents, an amount equal to twenty percent (20%) of the monthly pay
of a first class patrolman per month from the time of the member's
death shall be paid to the dependent parent or parents during their
dependency. When both parents survive, the total amount is still twenty
percent (20%), to be paid to them jointly. In all cases of payment to a
dependent relative of a deceased member, the board is the final judge
of the question of necessity and dependency and of the amount to be
paid. The board may also reduce or terminate temporarily or
permanently a payment to a dependent relative of a deceased member
when it determines that the condition of the fund or other
circumstances make this action necessary.
(e) If the salary of a first class patrolman is increased or decreased,
the pension payable under this section shall be proportionately
increased or decreased. However, the monthly pension payable to a
member or survivor may not be reduced below the amount of the first
full monthly pension received by that person.