Survivor Annuities

Tier 1: Annuities for Participants Hired Before January 1, 2011

Eligibility for widow's annuities requires that the widow be married to the Active/Retired participant at the date of his or her death and other conditions found in the statute.

Widow’s Compensation Annuity (Duty Death)

When a participant is killed in the performance of duty, the compensation widow shall receive 75% of the current annual salary attached to his or her rank and grade, this benefit is increased proportionately with all future department increases to salary consistent with the applicable provisions of the statute.

Widows of Members That Die After Retirement

A widow of a participant that dies after retirement is entitled to receive 50% of the participant’s annuity at the time of his death or the minimum widow’s annuity allowed by the Statute if the widow meets certain conditions provided in the statute. As of January 1, 2017, the minimum widow's annuity is 125% of the Federal Poverty Level. These annuities cease upon the spouse’s death. There are no annual increases provided for the spouses of participants that entered service prior to January 1, 2011.

Widows of Participants Who Die While in Active Service (Non-Duty)

The Widow of an employee who dies in service before age 63 is entitled to receive an earned annuity or the minimum widow’s annuity allowed by the statute. [ME1] If death occurs after 1 ½ years of service, the widow’s annuity shall be the greater of; (1) 30% of the salary attached to the rank of first class firefighter (minimum of step 6), but does not exceed the final step of the first class firefighter pay scale or (2) 50% of the retirement annuity the deceased participant would have been eligible to receive if he had retired from service on the day before his death and qualified for the minimum formula annuity (age 50 with at least 20 years of service) for his or her lifetime.

Effective January 16, 2004, the widow’s annuity payable to the widow of a participant who dies on or after July 1, 1997 while an active participant with at least 10 years credible service shall be no less than 50% of the retirement annuity that the deceased participant would have been eligible to receive if he had attained age 50 and 20 years of service on the day before his death and retired on that day.

Widows of Participants Withdrawn From Service and Death Occurs Prior to Age 50

If a participant who has resigned from service prior to age 50, with at least 10 years of service dies, his widow would be entitled to either an earned annuity or the minimum widow’s annuity allowed by the Statute. The current minimum spouse’s annuity is 150% of the Federal Poverty Level. These annuities cease upon the spouse’s death.

Minimum Widow’s Annuities

The minimum widow’s annuity for all widow’s receiving an annuity under this code shall be no less than 150% of the Federal Poverty Level.

Eligibility for Spouse’s Annuity: Marriage on Disability or Retirement

Beginning on January 16, 2004, the limitation on marriage after retirement and the limitation on marriage during disability no longer apply to a widow who was married to the deceased participant for at least one year immediately preceding the date of death. The widow of a participant who received a refund of contributions for spouse’s annuity at the time of his retirement is not eligible for widows benefits unless the refund is repaid to the Fund, with interest at a rate of 4% per year compounded annually, from the date of the refund to the date of repayment. Benefits commence upon the receipt of the repayment or date of death, whichever is later.

Spouse’s Remarriage – and Resumption of Benefits

Effective January 16, 2004, a spouse’s annuity shall no longer be subject to termination or suspension due to remarriage.

Any widow’s annuity that was previously suspended by reason of remarriage prior to January 16, 2004 shall, upon application, be resumed, as of the date of the application. This resumption shall not be retroactive.

Minor children of participants who die while in active service, on disability or while receiving an annuity are eligible for children’s annuity benefits. The amount equal to 10% of the current annual maximum salary attached to the position of first class firefighter, for each child as set by the statute. If there is no surviving parent, full orphan benefits amount to 15% of the same.

The benefit terminates upon the attainment of age 18, marriage or death. Total benefits paid to all members of a family cannot exceed 60% of the maximum current first class firefighter salary. This maximum benefit is increased to 100% for the family of a participant killed in the line of duty.

If the child is disabled because of a handicapped (and the handicapped manifests prior to age 18), upon proper application and documentation, benefits may be available in the same manner as child annuity benefits and are payable to the parent of such child as the natural guardian, a court appointed guardian, or a special needs trust. Benefits terminate at death, if it is determined that the child is no longer disabled because of the handicap or if the child marries.

Natural parent(s) of a participant who dies while in active service, on disability or while receiving a minimum formula annuity may be eligible for parent’s annuity benefits provided, that at the time of the participant’s death; 1) no spouse or unmarried child under the age of 18 years of age are entitled to an annuity under other provision of the Code; 2) and that satisfactory proof shall be presented to the Board that the participant was contributing to the support of his parent or parents.

The benefit is equal to 18% of the participant’s current annual salary at the time of death or his retirement per living dependent parent as set by the statute.

Surviving Spouses Annuities

Eligibility for spouse's annuities requires that the spouse be married to the Active/Retired participant at the date of his or her death and other conditions found in the statute.

Spouses of Members That Die After Retirement

A spouse of a participant that was receiving an earned pension at the date of his or her death is entitled to 66 2/3% of the fireman's annuity at the date of his death.

Spouses of Members That Die After 10 Year of Service but Before They Begin Retirement

If the death occurs after 10 years of service, the surviving spouse annuity shall be the greater of: (1) 30% of the salary attached to the rank of first class firefighter (minimum of step 6, but does not exceed the final step of the first class firefighter pay scale, limited by any applicable salary cap) at the time of the participant’s death, or (2) 54% of the fireman’s monthly salary (annualized) at the time of the fireman’s death, or any applicable salary cap, whichever is lesser,; or (3) 66 2/3% of the Tier 2 retirement annuity that is the deceased participant would have been eligible to receive based on his actual service but determined as though the participant was at lease age 55 on the day before death.

Spouses of Members That Die in Active Service Less Than 10 Years Service

If the death occurs after 1 ½ years of service but before  10 years of service, The spouse’s annuity shall amount to the greater of (1) 30% of the salary attached to the rank of first class firefighter (minimum step 6 but does not exceed the final step of the first class firefighter pay scale, limited by any applicable salary cap, or (2) 54% of the fireman’s monthly salary annualized at the time of the fireman’s death, or any applicable salary cap, whichever is lesser.

Spouse's Compensation Annuity (Duty Death)

Upon Board approval, when a Tier 2 participate is killed in the performance of duty or dies while in the receipt of disability benefits and the act or acts of duty resulte4d in his death, the widow shall receive 75% of the current annual salary attached to his rank and grade; provided , however that no such benefit shall be paid to the widow spouse of a fireman who dies while in receipt of disability benefits when the firemen’s death was caused by an intervening illness or injury unrelated to the illness or injury that had prevented him from subsequently resuming active service or if the widow or participation were not married at the time of the disability occurred.  This benefit is increased proportionately with all future department increases in salary.  The salary used for computing a Tier 2 surviving spouse annuity under the subsection shall be subject to the Tier 2 salary cap and may be adjusted annually. 

When a participant is killed in the performance of duty, the spouse shall receive 75% of the current annual salary attached to his rank and grade (limited by the salary cap), this benefit is increased proportionately will all future department increases to salary.

Automatic Annual Increase for Surviving Spouses of Tier 2 Participants

The monthly annuity of a surviving spouse of a participant that died with 10 years of service or more as a result other than an act of duty shall be increased on January 1st after attainment of age 60 by the recipient of the surviving spouse's pension and each January 1st thereafter. Each annual increase shall be calculated at 3% of 1/2 of the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12-month period ending with the September preceding each November 1, whichever is less, of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for a 12-month period ending in September is zero, or when compared with the preceding period, decreases, then the annuity shall not be increased.

Minimum Spouse's Annuity

A surviving spouse who is entitled to an annuity under this statute shall receive an amount no less than 150% of the Federal Poverty Level.

Eligibility for Spouse’s Annuity

A member who was married after retirement or a member who married on disability must have been married to the deceased participant for at least one year immediately preceding the death of the participant. The spouse of a participant who received a refund of contributions for spouse’s annuity at the time of his retirement is not eligible for spouse’s benefits unless the refund is repaid to the Fund, with interest at the rate of 4% per year compounded annually, from the date of the refund to the date of repayment or date of death, whichever is later.

Tier 1

Minor children (including any child conceived but not yet born), or participants who die while receiving an annuity are eligible for children’s annuity benefits. The amount is equal to the greater of (i) 10% of the current annual maximum salary attached to the position of first-class firefighter (Step 10), or 12% fixed of the earned annuity, whichever is greater, for each child as set by the Statute. If there is no surviving parent (spouse), these benefits amount to 15% of the current annual maximum salary attached to the position of first-class firefighter (Step 10), or 20% fixed of the earned annuity, whichever is greater, for each child as set by the Statute.

Tier 2

Minor children (including any child conceived but not yet born), of participants who die while in service, or on disability, are eligible for children’s annuity benefits. The amount of this benefit is the greater of 10% of the current annual maximum salary attached to the position of first‐class firefighter (Step 10), or 12% fixed of the fireman's monthly salary (annualized) at the time of the fireman's death, or any applicable salary cap, whichever is lesser, for each child as set by the Statute. If there is no surviving parent (spouse), these benefits amount to the great of 15% of the current annual maximum salary attached to the position of first-class firefighter (Step 10), or 20% fixed of the fireman's monthly salary (annualized) at the time of the fireman's death, or any applicable salary cap, whichever is lesser, for each child as set by the Statute.

The monthly salary (annualized) used for computing a Tier 2 member’s child annuity under this subsection shall be subject to the Tier 2 salary cap.

Natural parent(s) of a participant who dies while in active service, on disability or while receiving a minimum formula annuity are eligible for parent’s annuity benefits provided, that at the time of the participant’s death; 1) no spouse or unmarried child under the age of 18 years of age are entitled to an annuity under other provision of the Code; 2) and that satisfactory proof shall be presented to the Board that the participant was contributing to the support of his parent or parents.

The benefit is equal to 18% of the participant’s current annual salary at the time of death or his retirement per living dependent parent.

Contribution Refunds/Repayments

A participant who resigns or is discharged from service shall be entitled to a refund of their contributions. Members seeking a refund should contact the Fund at benefits@fabf.org regarding the necessary requirements and application process.