(a) Upon approval by the governing body, a city of the first class or city of the second class may provide for retirement benefits established by this section for a city attorney elected or appointed to office.
(b) In all cities of the first class and cities of the second class in this state, any person who shall serve as city attorney of the city for a period of not less than ten (10) years, upon reaching sixty (60) years of age, or any person who shall serve as a city attorney for a period of not less than twenty (20) years, without regard to age, shall be entitled to retire at an annual retirement benefit during the remainder of his or her natural life, payable at the rate of one-half (½) of the salary payable to the city attorney at the time of his or her retirement.
(c) All payments of retirement benefits under this section shall be payable monthly and shall be paid by the city.
(d) (1) Upon the death of a city attorney who retired under the provisions of subsection (a) of this section or a city attorney who dies in office after becoming eligible to retire under subsection (a) of this section or any other state statute, the legally recognized spouse of the city attorney married to the city attorney for ten (10) years or longer may receive, at the option of the governing body of the city:(A) One-half (½) of the retirement benefit the retired city attorney was receiving; or(B) One-half (½) of the retirement benefit the city attorney who died in office was entitled to receive.(2) Upon remarriage of the spouse, the benefits shall cease.
(1) Upon the death of a city attorney who retired under the provisions of subsection (a) of this section or a city attorney who dies in office after becoming eligible to retire under subsection (a) of this section or any other state statute, the legally recognized spouse of the city attorney married to the city attorney for ten (10) years or longer may receive, at the option of the governing body of the city:(A) One-half (½) of the retirement benefit the retired city attorney was receiving; or(B) One-half (½) of the retirement benefit the city attorney who died in office was entitled to receive.
(A) One-half (½) of the retirement benefit the retired city attorney was receiving; or
(B) One-half (½) of the retirement benefit the city attorney who died in office was entitled to receive.
(2) Upon remarriage of the spouse, the benefits shall cease.