§ 5-1-261. SUPPLEMENTAL DEATH IN VOLUNTEER SERVICE BENEFIT.

(a)

"On duty" defined. In this section, "on duty" means:

(1)

Fighting a fire;

(2)

Performing a duty of a member of an advanced life support unit or an ambulance, first aid, or rescue squad in a rescue company;

(3)

Going to or from performing a duty under paragraph (1) or paragraph (2) of this subsection; or

(4)

Accompanying an accident or fire victim while being transported to a hospital.

(b)

Applicability. This section applies to a member of a county volunteer fire or rescue company who dies on duty.

(c)

Family members eligible for benefit.

(1)

Except as provided in paragraph (2) of this subsection, the surviving spouse of a member of a county volunteer fire or rescue company who dies on duty may receive a supplemental death in volunteer service benefit if the member who died:

(i)

Was formerly in service with the county;

(ii)

Was a member of the retirement system while in service with the county;

(iii)

Did not request return of the member's accumulated contributions when the member left service with the county; and

(iv)

Has at least 15 years of creditable service with the county without regard to the age of the decedent at the time of death.

(2)

If there is no surviving spouse or the surviving spouse dies or remarries before the youngest child of the decedent shall have attained the age of eighteen (18) years, and if the requirements of items (i) through (iv) of paragraph (1) of this subsection are met, the decedent's child or children under such age, may receive a supplemental death in volunteer service benefit divided in such manner as the Board of Trustees in its discretion shall determine, to continue as a joint and survivorship pension for the benefit of the child or children under such age until every child dies or attains such age.

(d)

Type and amount of benefit. The supplemental death in volunteer service benefit consists of:

(1)

An annuity which shall be the actuarial equivalent of the member's accumulated contributions; and

(2)

A pension which together with the annuity shall provide a total allowance equal two (2) percent of the member's average final compensation multiplied by the number years of creditable service.

(e)

Board of Trustees to determine eligibility. In all cases of doubt, the Board of Trustees shall determine whether any individual is the surviving spouse or child of a member of a county volunteer fire or rescue company who dies on duty.

(Bill No. 7-11, § 1, 3-20-2011)

Editor's note:
  Section 2 of Bill No. 7-11 provides that this Act, having passed by the affirmative vote of five members of the County Council, shall take effect March 20, 2011 and shall apply retroactively to the death of a member on or after January 19, 2011.