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of this section. In the event the board of trustees purchases such a policy, the terms and conditions of the policy shall supersede the provisions of this section (except subsections B.1, B.5 and B.6 of this section or as otherwise required under the Internal Revenue Code)to the extent inconsistent herewith. 5. After an active member becomes eligible for retirement or terminates service entitled only to a deferred retirement benefit under Section 2.62.470.A, subsection B of this section 2.62.430 shall be inapplicable, and death benefits, if any, shall be determined solely under the applicable provisions of Section 2.62.405. C. There shall be paid upon the death of any employee eligible for retirement under Section 2.62.400 or Section 2.62.410 but who has not yet retired, the following: 1. To the employee's surviving spouse, provided such employee shall have been married to such surviving spouse for three years or more prior to the employee's death, a monthly benefit of fifty percent (50%) of the monthly benefit the employee would have received if retired until the death or remarriage of such surviving spouse; 2. To the lawful guardian of such employee's surviving minor unmarried child or children under the age of eighteen (18) years, provided such child or children shall have been born within ten months after the employee's retirement or the employee's death in service, a monthly benefit of ten percent of the monthly base salary as previously described for such child or children until such child or children attain the age of eighteen (18) years or marry;provided, the combined monthly payments to such surviving spouse and children shall in no case exceed sixty percent(60%) of the monthly ft base salary, and in which event the thirty-five percent (35%) maximum benefit for the eligible children shall be prorated between them; provided, further, that if there is no surviving spouse entitled to benefits in any month, the surviving spouse's benefit will be divided equally among the then eligible children, but no child shall be entitled to more than fifty percent (50%) of the surviving spouse's benefit. D. There shall be paid upon the death of any employee retired under subsection 2.62.400 or Section 2.62.410, the following: 1. To the employee's surviving spouse, provided such employee shall have been married to such surviving spouse for three years or more Restated Police Pension Plan—City of University City Page 15 f5