HomeMy WebLinkAbout42 Firefighter Children's Duty Death Benefit Policy n CITY OF LANSING
POLICE AND FIRE RETIREMENT SYSTEM BOARD OF TRUSTEES
i FIREFIGHTER CHILDREN'S DUTY DEATH BENEFIT
I. Purpose.
The Lansing Police and Fire Retirement System Board of Trustees (the "Board") establishes the
following Policy to clarify and govern the application of Section 294.02(n) of the Lansing Police
and Fire Retirement System Ordinance (the " P&F Ordinance") to the unborn children of
f firefighter members whose deaths occur in the line of duty.
II. Policy.
In relevant part, Section 294.02(n) of the P&F Ordinance provides for the payment of retirement
allowances to the surviving family members of firefighters whose deaths occur in the line of
duty. Subsection(4) of Section 294.02(n)provides:
Firefighter children's benefits while widow or widower is living. If, in addition to
!' a widow or widower, the deceased firefighter leaves an unmarried child or
children under age 21, each such child shall receive a retirement allowance of an
equal share of one-quarter of the deceased person's final compensation. Upon a
child's adoption, attainment of age 21, marriage or death, whichever occurs first,
the child's retirement allowance shall terminate and the Board shall redistribute
the shares of one-fourth of the deceased firefighter's final compensation to his or
her remaining eligible children under age 21, if any (Section 294.02(n)(4),
\� Lansing Codified Ordinances).
For purposes of Section 294.02(n) and Subsection (n)(4) as cited above, the term "child" shall
include an unborn (in utero) child (or children in the case of a confirmed multiple pregnancy) of
II a deceased firefighter member if all the following conditions are met:
(1) the Board determines that the firefighter's death occurred in the line of duty in
accordance with Section 294.02(n)(1);
(2) the mother of the unborn child is the legally married spouse of the deceased
firefighter at the time of death;
(3) if required by the Board, a licensed medical doctor shall confirm that the mother was
pregnant with a unborn child at the time of the firefighter's death; and
(4) the child is born alive and lives for at least 30 days.
Under such circumstances where each of the aforementioned conditions are met, an unborn (in
utero) child of a deceased firefighter member shall be recognized as a child under Section
294.02(n) and eligible for a retirement allowance payable under Subsection(n)(4).
III. Application.
The provisions of this Policy shall not be construed to apply to police officer members.
Additionally, nothing contained within this Policy shall be construed to relieve a person of the
duties and obligations imposed by applicable Board policy, the Lansing Code of Ordinances, or
state and federal law.
1 '
Policy adopted: December 15, 2015
203843655.3 26005/118235
li