§ 16.80-4. RETIREMENT ALLOWANCE UNDER OPTIONAL PAYMENT PLAN NO. 2 OR NO. 3.  


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  • 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)