Baton Rouge, East Baton Rouge Parish |
Code of Ordinances |
Title 1. MUNICIPAL AND PARISH ORGANIZATION |
Chapter 3. PERSONNEL |
Part IV. EMPLOYEES' RETIREMENT SYSTEM |
SubPart 2. Pension Plan |
§ 1:270. Survivor benefits.
A.
Whenever a contributing member who either is eligible for retirement, or has at least twenty (20) years of creditable service, dies prior to retirement, or prior to the effective date of an election to participate in the deferred retirement option plan, and who is survived by a spouse to whom the member was legally married immediately prior to the death of the member, the surviving spouse shall, at the surviving spouse's election—the election to be designated in writing and notarized either receive benefits under section 1:265.C as if the member had elected a one hundred (100) percent joint and survivor option and retired on his date of death, with no adjustment for commencement before age fifty-five (55) for non-public safety employees, or age fifty (50) for public safety employees, or receive a refund of the member's contributions without interest.
B.
Whenever a contributing member dies on or after May 24, 1989, and the provisions of subsection A of this section are inapplicable, a surviving spouse who was legally married to the member immediately prior to his death shall either receive the sum of six hundred dollars ($600.00) per month for as long as, and providing that, the surviving spouse does not remarry, or receive a refund of the member's contributions without interest; provided, however, that the surviving spouse of a contributing member who died prior to May 24, 1989, shall receive, effective July 1, 2002, an increase from two hundred fifty dollars ($250.00) to six hundred dollars ($600.00) per month for as long as, and providing that, the surviving spouse does not remarry.
C.
If a contributing member is survived by one (1) or two (2) children who are under the age of eighteen (18), the sum of one hundred fifty dollars ($150.00) per month shall be paid on behalf of each child until the child reaches the age of eighteen (18) years. If the member is survived by more than two (2) such children, the sum of three hundred dollars ($300.00) per month shall be paid on their behalf equally among them for so long as benefits are being paid on behalf of more than two (2) children, the payments to become the sum of one hundred fifty ($150.00) per month per child whenever payments cease to be paid on behalf of more than two (2) such children.
D.
If neither subsection A nor B, nor subsection C, of this section is applicable, but a contributing member is survived by an unmarried parent claimed as a dependent on the member's last federal income tax return, the unmarried parent, for so long as, and providing that, the parent does not remarry, shall be paid the sum of one hundred fifty dollars ($150.00) per month.
E.
The refund option provided for in subsection A or B of this section shall be limited to that amount that remains after the payment of minor child or unmarried dependent parent benefits, if any, under subsections C or D of this section.
F.
Whenever a service retiree, whose date of hire on which his retirement was based was prior to September 1, 2015, dies leaving a surviving spouse to whom the service retiree was legally married for at least two (2) years immediately prior to death, the surviving spouse shall be entitled, for life, to a monthly benefit equal to fifty (50) percent of the monthly benefit that was being paid to the service retiree; provided, however, that a surviving spouse to whom the service retiree was legally married immediately prior to his death shall be entitled to the benefit provided for under this subsection if the surviving spouse was legally married to the service retiree on his date of service retirement. The provisions of this subsection shall be inapplicable with respect to any former regular plan service retiree who retired prior to July 1, 1972, and with respect to any former police or fire service plan retiree who retired prior to January 1, 1974, and with respect to any service retiree whose date of hire on which his retirement was based was on or after September 1, 2015.
G.
Whenever a member, whose date of hire on which his deferred retirement was based was prior to September 1, 2015, and who has participated in the deferred retirement option plan, but has not retired, dies, leaving a surviving spouse to whom the member was legally married for at least (2) years immediately prior to death, the surviving spouse shall be entitled, for life, to a monthly benefit equal to fifty (50) percent of the monthly benefit that was being credited to the member's DROP account; provided, however, that a surviving spouse to whom the member was legally married immediately prior to his death shall be entitled to the benefit provided for under this subsection if the surviving spouse was legally married to the member on the effective date of his DROP participation. The provisions of this subsection shall be inapplicable with respect to any member participating in the deferred retirement option plan whose date of hire on which his deferred retirement was based was on or after September 1, 2015.
H.
Whenever a service-connected disability retiree, whose date of hire on which his retirement was based was prior to September 1, 2015, dies leaving a surviving spouse to whom the service-connected disability retiree was legally married for at least two (2) years immediately prior to death, the surviving spouse shall be entitled, for life, to a monthly benefit equal to fifty (50) percent of the monthly benefit that was being paid to the service-connected disability retiree; provided, however, that a surviving spouse to whom the service-connected disability retiree was legally married immediately prior to his death shall be entitled to the benefit provided for under this subsection if the surviving spouse was legally married to the service-connected disability retiree on his date of service-connected disability retirement. Retirement benefit adjustments provided under section 1:269 shall be inapplicable with respect to a surviving spouse receiving benefits under this subsection. The provisions of this subsection shall be inapplicable with respect to any former regular plan service-connected disability retiree who retired prior to July 1, 1972, and with respect to any former police or fire plan service-connected disability retiree who retired prior to January 1, 1974, and with respect to any service-connected disability retiree whose date of hire on which his retirement was based was on or after September 1, 2015.
(Ord. No. 10779, § 1, 12-11-96; Ord. No. 12322, § 1, 5-22-02; Ord. No. 16039, § 1, 8-12-15)