§ 69. Nonservice-connected death benefits.

(a)

If any member, other than a member entitled to a benefit under section 68, shall die after completing five years of Creditable Service or after meeting the requirements for retirement under section 66, whether or not pension payments have commenced, the Board shall authorize and direct payment to the member's Surviving Spouse or Domestic Partner and/or child or children and/or a Dependent Parent in equal monthly installments as follows:

(1)

To the Surviving Spouse or Domestic Partner, the pension to which the deceased member was entitled or was receiving at the time of death or would have been entitled at the time of death under section 66 of this System, for the first 12 months, and thereafter the greater of:

(A)

(i) Seventy-five percent of the pension payable under section 66 determined without regard to subsection 66(h), if the member retired on or after October 1, 1988 and is not eligible for a benefit under subsection 66(h) of the System, (ii) 50% of the pension payable under this System if the member was a May 1993 Member; or (iii) the greater of 50% of the pension payable under subsection 66(h) or 75% of the pension payable under section 66 determined without regard to subsection 66(h) if the member is eligible for a benefit under subsection 66(h) of the System; or

(B)

Twenty-five percent of the member's average monthly Salary for his two highest paid years. The monthly installments shall continue until the Surviving Spouse's remarriage or the Domestic Partner's marriage or entry into another Domestic Partnership. However, if the Surviving Spouse was married to the deceased member less than 10 years, or the Domestic Partnership was registered for less than 10 years, the benefit provided in this subsection shall be payable until remarriage or death, but in no case longer than for the period of the normal life expectancy of the deceased member at the time of his death, determined in accordance with the mortality table adopted by the Board.

(2)

To the child or children or Dependent Parent(s), the provisions of section 68 governing the conditions and restrictions applicable to the administration of pensions for children and Dependent Parents shall apply, as the case may be.

(b)

If any member, other than a member entitled to a benefit under section 68, who retired prior to October 1, 1988 but after completing five years of Creditable Service, shall later die from causes not attributable to his duties, the Board shall authorize and direct payment to his Surviving Spouse or Domestic Partner and/or child or children in equal monthly installments as follows:

(1)

To a Surviving Spouse or Domestic Partner, the amount of the pension to which the deceased member was entitled or was receiving at the time of death or would have been entitled at the time of death, computed in accordance with the terms of the System as in effect on his retirement, for the first 12 months, and thereafter the greater of:

(A)

Fifty percent of such pension or

(B)

Twenty-five percent of the average monthly Salary for the two highest paid years.

The monthly installments shall continue until the Surviving Spouse's remarriage or death, or the Domestic Partner marries, enters into another Domestic Partnership, or dies. However, if the Surviving Spouse was married to the deceased member less than 10 years, or the Domestic Partnership was registered for less than 10 years, the benefit provided in this subsection shall be payable until remarriage or death, but in no case longer than for the period of the normal life expectancy of the deceased member at the time of his death determined in accordance with the mortality table adopted by the Board.

(2)

To the member's children under 18 years of age, $100.00 per month; provided, however, the benefit shall continue until the child is age 22 if the child is a full-time student in high school or college. The combined maximum benefit payable to the member's children shall be $200.00 per month and the combined maximum benefit payable to the Surviving Spouse or Domestic Partner and the member's children shall be $320.00 per month. However, this maximum limitation shall not in any manner limit the Surviving Spouse's or Domestic Partner's benefits provided in subparagraph (1) above. For purposes of this subparagraph, a legally adopted child shall have the same rights as a naturally born child but no pension shall be allowed to any stepchild of a deceased member.

(Laws of Fla., 1945, ch. 23414, § 9¾; election of 6-2-59; election of 5-24-66; election of 11-5-68; election of 11-18-69; election of 11-2-71; election of 9-28-76; election of 11-3-87; election of 11-2-99; election of 11-6-01)