53 Pa. Stat. § 23609.3

Current through P.A. Acts 2023-32
Section 23609.3 - Death while in service; surviving spouse's, children's and estate's benefits
(a) A surviving spouse of any active member of the fund who:
(1) at the time of his death was in active service with the city; and
(2) had elected to be governed by the provisions of this amendment; and
(3) if he died prior to the effective date of this amending act had completed twenty years of service or if he dies after the effective date of this amending act, regardless of the length of his service, shall be entitled to survivorship benefits equal to fifty per centum of the pension which would have been payable to such active member had be retired at the date of his death: Provided, That such employe shall have been married to his spouse for not less than two years prior to the date of his death and that the spouse was dependent upon such deceased employe at the time of his death.
(b) Such surviving spouse shall be entitled to receive payments as provided in subsection (b) of section 9.2 of this act.
(c) The word "pension" as used in this section shall be construed to mean the sum of the pension under the terms of this act, including the amount of service increments, if any, to which the deceased member of the fund would have been entitled had he retired upon the date of his death.
(d) In the event there is no surviving spouse or the surviving spouse dies or remarries and where there are dependent children of the deceased member of the fund, the board may pay to each such dependent child twenty-five per centum of the pension earned by the deceased member until each such child attains the age of eighteen or marries or dies: Provided, That the board may indefinitely continue payments to a dependent incompetent child. Where the sums payable to dependent children under this section are equal to the maximum pension to which the widow would be entitled, it shall be divided equally among the children entitled thereto. In the event there are no surviving children or no widow entitled to receive the payments provided for in this act, any dependent parents of the deceased member shall receive the monthly payments the widow would have received had she survived and not remarried. In the event that there are no surviving children, widow or dependent parents entitled to receive the payments provided for in this act, the deceased member's contributions or the remainder of his contributions shall be paid to his estate.

53 P.S. § 23609.3

1933, May 25, P.L. 1050, § 9.3, added 1963, Aug. 27, P.L. 1297, § 1. Amended 1965, Nov. 9, P.L. 679, § 4; 1968, March 21, P.L. 70, No. 26, § 2; 1968, Dec. 12, P.L. 1207, No. 379, § 1.