Title 47, Chapter 3, Section 121
( 47-3-121)
(a) Until the first payment of any member's retirement allowance
becomes normally due, he may elect to convert the retirement
allowance, otherwise payable to him, into a modified retirement
allowance of equivalent actuarial value in accordance with one of
the optional forms named below, provided that if he dies within 30
days after retirement, his optional election shall not be effective
and he shall be considered to have been a member in service at the
time of his death. (b) Option one shall consist of a reduced retirement allowance
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 to the retired member's
estate. (c) Option two shall consist of a reduced retirement allowance
payable during the life of the retired member, with the provision
that after his death the reduced retirement allowance shall be
continued 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
payable during the life of the retired member, with the provision
that after his death one-half of the reduced retirement allowance
shall be continued 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) Option four shall consist of a reduced retirement allowance
payable during the life of the retired member, with the provision
that upon his death some other benefit shall be payable, provided
that the total value of the retirement allowance payable during his
life and the succeeding benefit shall be computed to be of
equivalent actuarial value to the retirement allowance which he
would receive had he not chosen an optional retirement allowance
under this Code section; provided, further, that the benefit shall
be approved by the board of trustees. (f) Whenever any member has elected an optional allowance under this
Code section and has nominated his spouse to receive all amounts and
benefits payable on or after his death as a result of such election,
the member may revoke the election at any time after the entry of a
final judgment of complete divorce from the spouse so nominated.
Upon any such revocation, the member may elect to return to the
retirement allowance otherwise payable to him or to elect to convert
the retirement allowance otherwise payable to him into a modified
retirement allowance of equal actuarial value as of the time of the
election and in accordance with one of the optional forms named in
subsections (b) through (e) of this Code section. (g) The board of trustees shall promulgate rules and regulations to
carry out this Code section. (h) Upon the death of the retired member and then the death of the
person designated by him to receive continuing retirement benefits
under option two, three, or four if the total monthly benefits paid
to the retired member and to such person designated to receive
continuing benefits do not equal or exceed the retired member's
accumulated contributions at the time of his retirement, the
difference shall be refunded to the person designated in writing by
the retired member to receive such a refund of this difference. If
no such person is designated to receive this difference, or if such
designated person has predeceased the person designated to receive
continuing monthly retirement benefits, or if such designees are the
same person, this difference shall be paid to the estate of the
person designated to receive continuing monthly retirement benefits. (i) Upon the death of the person designated by the retired member to
receive continuing monthly retirement benefits under option two,
three, or four and then the death of the retired member, if the
total monthly benefits paid to the retired member prior to his death
do not equal or exceed the retired member's accumulated
contributions at the time of his retirement, the difference shall be
refunded to the person designated in writing by the retired member
to receive such a refund of this difference. If the person
designated by the retired member to receive a refund of this
difference also predeceases the retired member, or if such designees
are the same person, or if no person is designated to receive this
difference, this difference shall be paid to the estate of the
retired member. (j) 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. (k) Any retired member who elected option two, three, or four may,
after the death of the person designated by the retired member to
continue receiving monthly benefits, revoke the election and elect a
new option providing for a retirement allowance computed to be the
actuarial equivalent of the retirement allowance in effect
immediately prior to the effective date of the new option. Such new
option shall be effective on the first day of the month following
the month in which such new election is made. |