Title 47, Chapter 2, Section 121
( 47-2-121)
(a) A member may elect to convert the retirement allowance otherwise
payable to him or her into a modified retirement allowance of
equivalent actuarial value in accordance with one of the options set
forth in subsections (b) through (e) of this Code section; provided,
however, that the member may only make such election after he or she
has become eligible to retire and before the first payment of his or
her retirement allowance normally becomes due; provided, further,
that if a member was or is unmarried at the time he or she retires
and subsequently marries, such member may make such election not
later than December 31, 1998, or within six months after the date of
marriage, whichever date is later. If a member with a named living
beneficiary dies or is determined to be mentally incompetent after
becoming eligible to retire, his or her election, or option two in
the absence of such election, shall be effective. (b) Option one shall consist of a reduced retirement allowance which
is payable during the life of the retired member, with the provision
that if he dies before he has received in payments of his annuity
the amount of his accumulated contributions at the time of his
retirement, the balance of such amount shall be paid to the person,
if any, nominated by him by written designation duly executed and
filed with the board of trustees; otherwise such amount shall be
paid to the retired member's estate. (c) Option two shall consist of a reduced retirement allowance which
is payable during the life of the retired member and which, upon his
death, shall be continued at the same rate throughout the life of
and paid to the person nominated by him by written designation duly
executed and filed with the board of trustees at the time of his
retirement. (d) Option three shall consist of a reduced retirement allowance
which is payable during the life of the retired member and which,
upon his death, shall be continued at the rate of one-half the
reduced retirement allowance throughout the life of and paid to the
person nominated by him by written designation duly executed and
filed with the board of trustees at the time of his retirement. (e) Any other provisions of law to the contrary notwithstanding,
until the first payment of any member's retirement allowance becomes
payable and upon approval of the board of trustees, the member shall
have the option, which shall be known as option four, to elect to
convert his retirement allowance into any method of payments which
he may deem necessary. Those payments shall be paid either to the
member or, at his election, to any designated person, to the estate
of the member, or to the estate of any designated person. Monthly
payments under this option which are in excess of the member's
monthly retirement allowance when computed without option shall be
payable only for a period not to exceed five continuous years from
the date of the first payment; and such monthly payments shall not
exceed 135 percent of the member's monthly retirement allowance,
when computed without option. Except in cases where years certain
payments have been established for the member, no monthly allowance
shall be payable to the beneficiary in an amount greater than the
monthly allowance which would have been payable to the member's
beneficiary under option two. (e.1) When option two or three is elected and the spouse or child of
the retired member who qualifies as a dependent under the Internal
Revenue Code of 1986 is the person designated to receive all amounts
and benefits upon the death of the retired member, option five shall
consist of the added provision that in the event the spouse or
dependent child predeceases the retired member, the retirement
allowance payable to the retired member after the death of the
spouse or dependent child shall be equal to the maximum retirement
allowance which the retired member would have been entitled to
receive under this chapter. (e.2)(1) As used in this subsection, the term "retired member"
means a person retired under this chapter who elected an optional
allowance under this Code section with the spouse designated as
the person to receive all amounts upon the death of the retired
member. (2) In the event a designated spouse predeceases a retired member
and the retired member subsequently remarries, the retired member
may elect to begin receiving an actuarially reduced benefit of
equivalent 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. (3) This subsection applies to retired members who retired at any
time prior to July 1, 1992, as well as to those who retire on or
after that date, and it is specifically provided that the election
of option five under subsection (e.1) of this Code section is not
necessary for the purposes of this subsection. (e.3)(1) As used in this subsection, the term "retired member"
means a person retired under this chapter who elected an optional
allowance under this Code section with a child who qualifies as a
dependent under the Internal Revenue Code of 1986 designated as
the person to receive all amounts upon the death of the retired
member. (2) In the event a designated dependent child predeceases a
retired member and the retired member is married or subsequently
marries, the retired member may elect to begin receiving an
actuarially reduced benefit of equivalent value and reestablish on
behalf of the spouse the same option which was applicable to the
deceased dependent child, but such option on behalf of the spouse
may not be reestablished until one year after the date of the
death of the dependent child or, in the case of the remarriage of
the retired member, one year after the date the retired member
remarries. (3) This subsection applies to retired members who retired at any
time prior to July 1, 1996, as well as to those who retire on or
after that date. (f) Any provisions of this Code section to the contrary
notwithstanding, any member who has elected option three may waive
the payment of one-half of the reduced retirement allowance payable
to the person nominated by the member by filing a written
declaration of waiver with the board of trustees. The waiver of such
payments to the person nominated shall not affect or increase the
reduced retirement allowance payable during the life of the retired
member, but such waiver shall merely act as a forfeiture of those
allowances which would otherwise have been payable to the person
nominated by the retired member. (g) Any other provisions of this Code section or of this chapter to
the contrary notwithstanding, the board of trustees may, by rule or
regulation, require that when a member or a retired member dies and
the beneficiary is a person other than the surviving spouse of the
member, the benefits payable to the beneficiary shall be paid to the
beneficiary within a definite time period immediately following the
death of the member or retired member. (h) Whenever any retired member has elected an optional allowance
under this Code section and the spouse is the person designated to
receive all amounts and benefits upon the death of the retired
member, the retired member may revoke the election at any time after
the entry of a final judgment of complete divorce from the spouse so
nominated or the retired member may elect to continue the optional
allowance with the former spouse designated to receive all amounts
and benefits upon the death of the retired member. Upon any such
revocation or upon the death of the spouse of a retired member who
had elected option five, the retired member may elect to begin
receiving the maximum retirement allowance which the retired member
would have been entitled to receive under this chapter. In the
event any such retired member remarries after divorce from the
former spouse and the former spouse was not continued as a
beneficiary under the optional allowance after the divorce, the
retired member may elect to begin receiving the applicable
actuarially reduced retirement benefit of equivalent actuarial value
and reestablish on behalf of the new spouse the same option which
was applicable to the 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. |