Title 47, Chapter 16, Section 101
( 47-16-101)
(a) At the time a member becomes eligible for retirement benefits,
he or she shall choose one of three payment options for retirement
benefits. The member must indicate his or her choice of payment
options upon the application for retirement benefits filed with the
secretary-treasurer. Upon approval of the member's application by
the board, such member shall be paid retirement benefits in the form
of a monthly sum of money determined in accordance with the option
he or she has selected. The three payment options are as follows: (1) Option One shall be known as a "single life annuity" and shall
provide retirement benefits for the life of the member only. If
the member has no more than four years of service credited to such
member under this chapter, the member shall be paid a benefit of
$380.00 per month until the member's death. If the member has
more than four years credited to such member under the provisions
of this chapter, such member shall be paid a benefit of $380.00
per month, plus $95.00 per month for each additional year of
service so credited to the member. If the member has additional
service credit not totaling a full year, the further sum of
one-twelfth of the amount paid per month for each additional year
of service credit over four years shall be paid for each month of
additional service so credited to the member; provided, however,
that in no case shall such benefits exceed $2,850.00 per month;
provided, further, that the board of trustees shall be authorized
to increase such benefits by an amount not to exceed 3 percent per
annum based on the following factors: (A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with
the time of retirement, length of service, age, nature of the
retirement, or such other factors as the board of trustees shall
determine; provided, however, that no such increase shall be made
to become effective within six months of the effective date of any
increase in the maximum retirement benefit granted by the General
Assembly through amendment of this Code section; (2) Option Two shall be known as a "100 percent joint life
annuity" and shall provide retirement benefits for the life of
either the member or his or her spouse, whichever is the survivor.
The monthly amount to be paid under this option shall be based on
the member's age and that of his or her spouse at the member's
retirement and shall be the actuarial equivalent of the monthly
retirement payment which would have been paid to the member under
Option One. Actuarial equivalents shall be computed using a
current and accurate mortality table adopted by the board; and (3) Option Three shall be known as the "50 percent contingency
life annuity" and shall provide for payment of a 50 percent
benefit for the life of the surviving spouse. The amount to be
paid under this option shall be based on the member's age and that
of his or her spouse at the member's retirement and shall be
computed so as to be actuarially equivalent to the monthly benefit
which would have been paid to the member under Option One.
Actuarial equivalents shall be computed using a current and
accurate mortality table adopted by the board. When a retired
member has elected Option Two or Option Three, in the event the
spouse predeceases the retired member, the monthly retirement
benefit payable to the retired member after the death of the
spouse shall be increased to the monthly retirement benefit which
the retired member would have been entitled to receive under
Option One. In the event any such retired member remarries or has
remarried after the death of the former spouse, the retired member
may elect to begin receiving the applicable reduced retirement
benefit of equivalent actuarial value and reestablish on behalf of
the new spouse the same option which was applicable to the
deceased former spouse, but such option on behalf of the new
spouse may not be reestablished until one year after the date of
remarriage or until a child of the remarried couple is born,
whichever is earlier. Such actuarial equivalence shall be based
on the age of the retired member and the age of the retired
member's new spouse at the time of such election and shall be
computed on the Mortality Table GA51, with projection, using
interest at 6 percent per annum, with a five-year age setback for
females and monthly payment annuity functions. (b) Benefits payable to the spouse of a deceased member shall be
payable for only so long as such spouse remains the widow or widower
of such deceased member and should such spouse remarry, any benefits
payable to such spouse shall cease as of the date of remarriage. (c) Any provisions of this chapter to the contrary notwithstanding,
$20.00 shall be deducted from the monthly retirement benefits of the
member or the monthly retirement benefits under Option Two or Three
to the spouse of the member when the member has been credited with
any period of service under this chapter which was performed prior
to January 1, 1961, and for which dues shall not have been paid by
the member, until a total sum of $20.00 for every month of service
prior to January 1, 1961, so credited to the member shall have been
withheld, or until dues have been paid or withheld for a maximum of
25 years, or until the death of the member and his or her spouse who
is receiving benefits, whichever may occur first. (d) In the event any member with a spouse then living is unable to
choose one of the three option payments, to complete and file an
application for retirement benefits with the secretary-treasurer, or
to obtain the approval of the board because of his or her death,
mental incompetency, or other providential cause, but the member is
otherwise eligible to receive retirement benefits except for his or
her having been prevented, Option Two shall be effective, and
retirement benefits shall be paid in accordance with that option. (e) The options under this Code section and the increase in the
amounts to be paid as retirement benefits pursuant to said options
shall become effective and apply from and after May 1, 1979. Those
members and persons already receiving retirement benefits which were
computed and determined at a time when the options were not
available shall not be afforded an opportunity to select an option
but shall have their retirement benefits recomputed and determined
in accordance with the provisions of Option One, and the increase in
benefits shall be paid to such members or persons from and after May
1, 1979. For those members or persons eligible to receive
retirement benefits from and after May 1, 1979, their service shall
be computed and determined in accordance with the increased
retirement benefits in this Code section in accordance with the
member's option selected in accordance with the provisions of this
Code section and according to the number of years of creditable
service credited to such member or person under this Code section,
and such member shall be paid the retirement benefits so determined
from and after May 1, 1979. For those members or persons already
receiving retirement benefits, such members or persons shall be
entitled to have their retirement benefits recomputed and determined
in accordance with this Code section, and the increase in benefits
according to their years of creditable service shall be paid to such
members and persons from and after May 1, 1979. (f) No member shall be allowed to change the retirement options
provided in this Code section subsequent to the time that such
member receives the first payment under the retirement option
originally selected by such member. |