SEC. 16.80. DEATH BENEFITS.

(a) Death in Performance of Duty. Upon the death of any person who is a member under Section A8.540 or A8.565 of the Charter, if such death shall result from performance of duty as prescribed in such sections, respectively, or if such death in the case of members under Section A8.565 of the Charter shall occur after qualification for service retirement, there shall be paid to the surviving spouse, children, or parents of such member, the benefits provided in such sections, for members at January 8, 1932, of the Police and Fire Departments, upon death resulting from the performance of duty and upon death occurring after qualification for service retirement. If such death after qualification for service retirement shall not result from the performance of duty and if there be no surviving spouse, children, or parents to whom benefits are payable under this subsection (a), the benefits provided in the next following subsection (b) shall be paid to the beneficiary nominated by the member as prescribed therein.

(b) Death Not in Performance of Duty. Upon the death before retirement, if such death be not included under subsection (a) of this Section 16.80, of a member while in the city service, or within four months after the discontinuance of city service, or while physically or mentally incapacitated for performance of duty, if such incapacity has been continuous from discontinuance of city service, the retirement system shall be liable for a death benefit, which, if an amount be due under subsection (b)(3), and if there be a surviving spouse or surviving children, shall be paid in monthly installments and to the surviving spouse and children as prescribed therein; otherwise, such death benefit shall be paid to the member’s estate, or to such person, or Special Needs Trust, as the member has nominated or shall nominate by written designation duly executed and filed with the Retirement Board, and such death benefit shall consist of:

(1) The member’s accumulated contributions, and in addition thereto:

(2) An amount equal to the compensation earnable by the member during the six months immediately preceding their death, and

(3) An amount sufficient, when added to the amounts provided in subsections (b)(1) and (2), to provide, when applied according to mortality tables adopted by the Retirement Board, a monthly death benefit equal to ½ of the monthly compensation earnable by such member during the 10 years immediately preceding the member’s death, to be paid to the surviving spouse to whom such member was married prior to sustaining the injury, to continue as long as the surviving spouse shall live or until remarriage or subsequent domestic partnership; or, if there be no surviving spouse, or if the spouse die before any child of such deceased member shall have attained the age of 16 years, then to the member’s child or children under such age collectively, to continue until every such child dies or attains such age. If payment of the allowance be stopped because of remarriage of the surviving spouse or attainment of the age of 16 years by a child, before the sum of monthly payment made shall equal the sum of the amounts provided in subsections(b)(1) and (2), then an amount equal to the difference between such sums shall be paid in one amount to the remarried surviving spouse; or, if there be none, to the surviving children of the deceased member, to share and share alike.

(c) Designation of Beneficiary. A member, or a beneficiary who is otherwise eligible for a monthly allowance after the death of a member, may elect, by written designation duly executed and filed with the Retirement Board, to have the death benefit provided in this Section 16.80 paid in monthly or annual installments instead of in one lump sum, subject to such rules and regulations as the Boardoard [1 ] may adopt.

Beneficiary.** A member, or a beneficiary who is otherwise eligible for a monthly allowance after the death of a member, may elect, by written designation duly executed and filed with the Retirement Board, to have the death benefit provided in this Section 16.80 paid in monthly or annual installments instead of in one lump sum, subject to such rules and regulations as the Boardoard [1 ] may adopt.

(d) Death After Retirement. Upon the death of any person, except persons referred to in Sections A8.542 and A8.566 of the Charter, after retirement and while receiving a retirement allowance from the retirement system, there shall be paid to the person’s estate or to such person, or Special Needs Trust, as the person shall have nominated by written designation duly executed and filed with the Retirement Board, the sum of $100 for each completed year of city service credited to the person at the time of their retirement, but the total amount paid shall not exceed $3,000; provided, that the sum so paid upon the death of a person who was receiving a retirement allowance under the San Francisco City and County Employees’ Retirement System on January 8, 1932, or of a person who became a member of the retirement system by reason of status as an employee of the public utility acquired by the City shall be not less than $500, regardless of the City service credited. If such deceased person was retired as a member under Sections A8.507 or A8.509 of the Charter and their retirement was first effective on or after April 1, 1966, an allowance shall be paid to the member’s surviving spouse, until their death or remarriage, equal to ½ of the member’s retirement allowance as it was prior to optional modification and prior to reduction as provided in subsection (a) of Charter Section A8.514, but exclusive of the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this Section 16.80 to a surviving spouse unless they were married to, or in a domestic partnership with, the member at least one year prior to the member’s death. If the member leaves no such surviving spouse, or if the surviving spouse should die, remarry, or enter into a subsequent domestic partnership before every child of such deceased retired person attains the age of 18 years, then the allowance which such surviving spouse would have received had they lived and not remarried, shall be paid to the member’s child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If the member, at retirement, has no surviving spouse who upon the member’s death would qualify to receive the allowance provided in this subsection (d), they may elect an option, as provided under Section 16.75 of this Code, with respect to all of the member’s allowance but if at retirement, they have such a surviving spouse, the member may elect such option only with respect to that part of their retirement allowance, prior to reduction as provided in Charter Section A8.514, which is in excess of the allowance which would be paid to the surviving spouse under this subsection (d). The funds for payments under this subsection (d) shall be derived:

mber’s allowance but if at retirement, they have such a surviving spouse, the member may elect such option only with respect to that part of their retirement allowance, prior to reduction as provided in Charter Section A8.514, which is in excess of the allowance which would be paid to the surviving spouse under this subsection (d). The funds for payments under this subsection (d) shall be derived:

(1) With respect to persons retired as members under Charter Sections A8.509 [1 ] A8.544, and A8.568 from reserves held by the retirement system on account of members under such sections, respectively, and

(2) With respect to persons retired as members under Charter Sections A8.507, A8.543, and A8.567 from the accumulated contributions of the City held to meet the obligation of the City on account of benefits that have been granted and on account of prior service of members. Upon the death of any person after retirement and while receiving a pension under Sections A8.542 or A8.566 of the Charter, as a retired member of the Police or Fire Department, there shall be paid to their estate or to such person, or Special Needs Trust, as they shall have nominated by written designation duly executed and filed with the Retirement Board, the sum of $3,000. The death benefits provided in this paragraph with respect to persons retired under Charter Sections A8.542 or A8.566, shall be funded by contributions to the retirement system by the City which shall not be less in any fiscal year than the amount of such benefits paid during said year.

(e) Revocation of Nomination of Beneficiary. A person, while a member or after retirement, shall have the right to revoke the nomination of a beneficiary made by the member under the retirement system, and to nominate a beneficiary in lieu thereof, all by written designation duly executed and filed with the Retirement Board; provided, that this right shall not extend to beneficiaries nominated under Options 2 and 3 of Section 16.75 of this Code, nor shall it extend to dependents designated as beneficiaries by State law, the Charter or this Article IV, to receive benefits payable on account of death or disability incurred in the performance of duty.

(Amended by Ord. 53-85, App. 2/2/84; Ord. 326-00, File No. 001921, App. 12/28/2000; Ord. 259-22, File No. 221024, App. 12/22/2022, Eff. 1/22/2023)

CODIFICATION NOTE

1. So in Ord. 259-22.

Upon the death on or after the effective date of this Section of a person who at the time of his death was receiving a retirement allowance as a person retired under Section 8.507 or 8.509 of the Charter and whose retirement allowance was first effective prior to April 1, 1966, an allowance shall be paid to his widow, until her death or remarriage, equal to ½ of his retirement allowance as it was prior to optional modification and prior to reduction as provided in Subsection (A) of Section 8.514 of the Charter, but exclusive of the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this Section to a widow unless she was married to such retired person at least one year prior to his retirement. If he leaves no such widow, or if she dies or remarries before every child of such deceased retired person attains the age of 18 years, the allowance which such widow would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age; provided, that no child shall receive any allowance after marrying or attaining the age of 18 years; it is provided however, that:

(a) If on the effective date of this Section, such a retired person has a wife who upon his death would qualify as a widow to receive the allowance provided in this subsection; and

(b) If such person at the time of his retirement elected Option 2 or Option 3 as provided under Section 16.75 of this Code; then

(c) The allowance of such retired person shall be recomputed as of the effective date of this Section, so that the option so elected shall apply only with respect to that part of his retirement allowance, prior to reduction as provided in Charter Section 8.514, which is in excess of the allowance which would be paid to his widow under this paragraph.

The funds for payments under this Section shall be derived in the same manner as provided in Paragraphs (1) and (2) of Subsection (d) of Section 16.80 of this Code for other benefits payable on account of the death of retired persons.

This Section does not give any person retired prior to April 1, 1966, or his successors in interest, any claim or right against the City and County for any increase in or modification of any retirement allowance in effect prior to April 1, 1966, other than as specifically provided in this Section; nor for any increase in allowances paid or payable prior to the effective date of this Section.

(Added by Ord. 152-67, App. 6/21/67)

Upon the death on or after the effective date of this Section of a person who at the time of his death was receiving a retirement allowance as a person retired under Section 8.507 or 8.509 of the Charter and whose retirement allowance was first effective prior to April 1, 1966, the allowance provided pursuant to Section 16.80-1 of this Code shall be payable to his widow, notwithstanding the requirement of Section 16.80-1 that such widow shall have been married to such person at least one year prior to his retirement, provided, however, that no such allowance shall be payable to such widow unless she was married to such person (1) at least one year prior to such person's death if she married him prior to his retirement, or (2) at least two years prior to such person's death if she married him after his retirement.

(Added by Ord. 133-69, App. 4/18/69)

SEC. 16.80-3. DEATH AFTER RETIREMENT – PERSONS RETIRED PRIOR TO APRIL 1, 1966, WHO DIED PRIOR TO EFFECTIVE DATE OF SECTION 16.80-1.

The provisions of this Section 16.80-3 shall apply only to retirement allowances which on the effective date of this Section are being paid under Option 3 to widows of persons who:

(a) Died prior to the effective date of Section 16.80-1 of this Code, and

(b) At the time of their deaths were receiving retirement allowances first effective prior to April 1, 1966, as persons retired under Section 8.507 or Section 8.509 of the Charter.

Effective July 1, 1972, said Option 3 with respect to each of said retirement allowances is hereby revoked and for time on and after July 1, 1972, each such widow shall receive an allowance in an amount equal to ½ of her husband's retirement allowance as it was prior to optional modification under said Option 3.

The provisions of this Section 16.80-3 shall not give any beneficiary, or her successors in interest, any claim or right against the City and County for any increase in or modification of any retirement allowance in effect prior to April 1, 1966, other than as specifically provided in this Section; nor for any increase in allowance paid or payable for time prior to July 1, 1972.

(Added by Ord. 212-72, App. 8/1/72)

The retirement allowance of any person who retired under Section 8.507 or 8.509 of the Charter and who, at retirement, selected optional payment plan No. 2 or No. 3 as provided in Section 16.75 of this Code, shall be recomputed in accordance with the provisions of this Section, if the person designated to receive the lesser allowance after the death of said retired person subsequently qualifies as a wife who would be eligible as a widow to receive the allowance provided in Paragraph (d) of Section 16.80 of this Code.

Such allowance shall be recomputed so that the optional payment plan selected shall apply only with respect to that part of such retired person's retirement allowance which is in excess of the allowance which would be paid to his widow under the provisions of Paragraph (d) of Section 16.80 of this Code. Said recomputation shall be made as of the date on which said designated person qualifies as an eligible wife or on the effective date of this ordinance, whichever is later; and the allowance as so recomputed shall be payable for time on and after the date of said recomputation.

This ordinance does not and shall not give any retired person, or his successors in interest, any claim against the City and County for an increase in any allowance paid or payable for time prior to the date of said recomputation.

(Amended by Ord. 107-70, App. 4/8/70)

The provisions of this Section 16.80-5 shall apply only to unremarried widows of persons who retired prior to April 1, 1966, as members under Section 8.507 of Section 8.509 of the Charter, and who died prior to the effective date of Section 16.80-1 of this Code, provided such widows would have been entitled to the automatic ½ continuation of allowance under Section 16.80-1 of this Code if Sections 16.80-1 and 16.80-2 had been in effect

on the date of their husbands' deaths.

(a) If at retirement such widow's husband elected to receive his allowance without optional modification or after modification under Option 1, such widow shall receive, for time commencing January 1, 1973, an allowance in an amount equal to ½ of the amount of her husband's retirement allowance as it was at his death.

(b) If at retirement such widow's husband elected to receive his allowance after modification under Option 2, such widow shall receive, for time commencing January 1, 1973, an allowance in an amount equal to the total of:

(1) An amount equal to ½ of the amount of her husband's retirement allowance without optional modification;

(2) An amount determined by recomputing as of January 1, 1973, the allowance of such widow so that Option 2 shall apply only with respect to that part of her husband's allowance without optional modification which is in excess of the amount in Subdivision (1) of this Subsection (b);

(3) An amount equal to the total of all increases made in such widow's allowance pursuant to Subsections (A) and (B) of Section 8.526 of the Charter (formerly Section 164.1 of the Charter of 1932).

The allowances determined pursuant to the provisions of Subsections (a) and (b) of this Section shall be the allowances upon which adjustments pursuant to Section 8.526 of the Charter shall be based.

The provisions of this Section 16.80-5 shall not give any beneficiary or her successors in interest, any claim or right against the City and County for any increase in or modification of any retirement allowance in effect prior to April 1, 1966, other than as specifically provided in this Section; nor for any increase in allowance paid or payable for time prior to January 1, 1973.

(Added by Ord. 62-73, App. 2/23/73)

Upon the death on or after the effective date of this Section of a female member who at the time of her death is receiving a retirement allowance as a person retired under Sections 8.507 or 8.509 of the Charter (formerly Sections 165 and 165-2 of the Charter of 1932), an allowance shall be paid to her surviving husband, until his death or remarriage, equal to ½ of her retirement allowance as it was prior to optional modification, but exclusive of

the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this Section to a surviving husband unless he was married to such member for at least one year prior to the member's death.

If she leaves no such surviving husband, or he dies or remarries before every child of such deceased female member attains the age of 18 years, then the allowance which such surviving husband would have received had he lived and not remarried shall be paid to her child or children under said age, collectively, to continue until every such child dies or attains said age; provided, that no child shall receive any allowance after marrying or attaining the age of 18 years.

If a female member whose retirement will be effective on or after the effective date of this Section does not have, at retirement, a husband who upon such member's death would qualify as a surviving husband to receive the allowance provided in this Section, she may elect an option, as provided under Section 16.75 of this Code, with respect to all of her allowance; but if, at her retirement, she has such a husband, she may elect such option only with respect to that part of her retirement allowance which is in excess of the allowance which would be paid to her surviving husband under this Section.

The funds for payments under this Section shall be derived:

(a) With respect to persons retired as members under Section 8.507, from the accumulated contributions of the City and County held to meet the obligation of the City and County on account of benefits that have been granted and on account of prior service of members, and

(b) With respect to persons retired as members under Section 8.509, from reserves held by the Retirement System on account of members under said section.

(Amended by Ord. 53-84, App. 2/2/84)

SEC. 16.80-6.1. DEATH AFTER RETIREMENT – CONTINUATION TO HUSBAND OF RETIRED FEMALE MEMBER WHO DIED PRIOR TO EFFECTIVE DATE OF SECTION 16.80-6.

The provisions of this Section 16.80-6.1 shall apply only to unremarried husbands of female members who retired prior to the effective date of Section 16.80-6 of this Code, as members under Section 8.507 or Section 8.509 of the Charter, and who died prior to the effective date of said Section 16.80-6, provided such husbands would have been entitled to the automatic ½ continuation of allowance under said Section 16.80-6 if said Section 16.80-6 had been in effect on the date of their wives' deaths.

ho retired prior to the effective date of Section 16.80-6 of this Code, as members under Section 8.507 or Section 8.509 of the Charter, and who died prior to the effective date of said Section 16.80-6, provided such husbands would have been entitled to the automatic ½ continuation of allowance under said Section 16.80-6 if said Section 16.80-6 had been in effect on the date of their wives' deaths.

(a) If at retirement such husband's wife elected to receive her allowance without optional modification or after modification under Option 1, such husband shall receive, for time commencing July 1, 1975, an allowance in an amount equal to ½ of the amount of his wife's retirement allowance as it was at her death.

(b) If at retirement such husband's wife elected to receive her allowance after modification under Option 2 and designated her husband as beneficiary under said Option 2, such husband shall receive, for time commencing July 1, 1975, an allowance in an amount equal to the total of:

(1) An amount equal to ½ of the amount of his wife's retirement allowance without optional modification;

(2) An amount determined by recomputing as of July 1, 1975, the allowance of such husband so that Option 2 shall apply only with respect to that part of his wife's allowance without optional modification which is in excess of the amount in Subdivision (1) of this Subsection (b):

(3) An amount equal to the total of all increases made in such wife's allowance pursuant to Subsection (A) and (B) of Section 8.526 of the Charter (formerly Section 164.1 of the Charter of 1932).

(c) If at retirement such husband's wife elected to receive her allowance after modification under Option 3 and designated her husband as beneficiary under said Option 3, said Option 3 is hereby revoked effective July 1, 1975, and, for time commencing July 1, 1975, such husband shall receive an allowance in an amount equal to ½ of his wife's retirement allowance as it was prior to optional modification under said Option 3.

The allowances determined pursuant to the provisions of Subsections (a), (b) and (c) of this Section shall be the allowances upon which adjustments pursuant to Section 8.526 of the Charter shall be based.

The provisions of this Section 16.80-6.1 shall not give any beneficiary, or his successors in interest, any claim or right against the City and County for any increase in or modification of any retirement allowance in effect prior to the effective date of this Section, other than as specifically provided in this Section; nor for any increase in any allowance paid or payable for time prior to July 1, 1975.

(Added by Ord. 207-75, App. 5/21/75)

The retirement allowance of any female person who retired under Section 8.507 or 8.509 of the Charter and who, at retirement, selected optional payment plan No. 2 or No. 3 as provided in Section 16.75 of this Code, shall be recomputed in accordance with the provisions of this Section, if the person designated to receive the lesser allowance after the death of said retired person qualifies as a husband who would be eligible as a surviving husband to receive the continuation of allowance provided in Section 16.80-6 of this Code.

Such allowance shall be recomputed so that the optional payment plan selected shall apply only with respect to that part of such retired person's retirement allowance which is in excess of the allowance which would be paid to her surviving husband under the provisions of Section 16.80-6 of this Code. Said recomputation shall be made as of January 1, 1973; and the allowance as so recomputed shall be payable for time on and after the date of said recomputation.

This ordinance does not and shall not give any retired person, or her successors in interest, any claim against the City and County for an increase in any allowance paid or payable for time prior to the date of said recomputation.

(Added by Ord. 286-73, App. 7/20/73)

(a) Qualification. To determine qualification as a surviving spouse as used in the retirement plans established by the Charter, and provided all other Charter requirements are met, surviving spouse shall mean and include: (1) a surviving wife or a surviving husband whose marriage is valid or recognized under the laws of California; or (2) a surviving member of a same-sex couple who married each other in another jurisdiction on or after November 5, 2008 and whose marriage would be valid under the laws of the jurisdiction in which the marriage was contracted, but is not valid or recognized by the laws of California; or (3) a surviving domestic partner under Charter Section A8.500-2 and Chapter 62 of the Administrative Code.

(b) Termination. No person who is receiving a surviving spouse benefit under the retirement plans established by the Charter shall continue to be eligible to receive such benefit if he or she: (1) marries or remarries; or (2) enters into a same-sex marriage in another jurisdiction on or after November 5, 2008 and said marriage would be valid under the laws of the jurisdiction in which the marriage was contracted but is not valid or recognized under the laws of California; or (3) enters into a domestic partnership, civil union or other similar relationship under Charter Section A8.500-2 and Chapter 62 of the Administrative Code.

(Added by Ord. 51-10, File No. 091370, App. 3/19/2010)