2022-059 - Approving and Agreement Regarding Freeze of Fire Pension Fund & Authorizing the Mayor to Execute Same

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6.04 Death benefits are payable oniy in the event that there is an Eligible Surviving Spouse, , children, or dependent parent(s) of the Firefighter. Should a Firefighter die with no eligible surviving spouse, children, or dependent parent(s), then the total of his contributions (which have not otherwise been distributed to the Firefighter), without interest, shall be payable to his estate but no other benefits will be payable. 6.05 The monthly death benefits described in Sections 6.01, 6.02 or 6.03 shalt commence on the date of the Firefighter's date of death. 6.06 No monthly benefit paid as a result of the death of a Firefighter or a Firefighter's Eligible Surviving Spouse will be paid to a person convicted of causing the death of such Firefighter or such Firefighter's Eligible Surviving Spouse but instead such benefit will be payable to a person who would be entitled to the benefit had the convicted person predeceased the Firefighter or the Firefighter's Eligible Surviving Spouse. If no person would be entitled to the benefit, the benefit is payable to the Firefighter's estate. The fund may delay payment of a benefit payable on the death of a Firefighter or the death of the Firefighter's Eligible Surviving Spouse pending the results of a criminal investigation and the legal proceedings relating to the cause of death. A person has been convicted of causing the death of a Firefighter or a Firefighter's Eligible Surviving Spouse if the person has pleaded guilty or nolo contendere to or has been found guilty by a court of an offense at the trial of which it is established that the person's intentional knowing or reckless act or omission resulted in the death of a Firefighter or a Firefighter's Eligible Surviving Spouse, regardless of whether sentence is imposed or probated and has no appeal of the conviction pending and the time provided to appeal has expired. 10