Title 47, Chapter 7A, Section 100
( 47-7A-100)
(a) As used in this Code section, the term: (1) "Maximum monthly retirement benefit" means $165.00. (2) "Selected beneficiary" means any person designated from time
to time before or after the approval of an application for
retirement by the member in writing on forms prescribed by the
board to receive benefits which continue to be payable upon the
death of the member. (3) "Spouse" means the husband or wife to whom the member is
validly married under the laws of this state at the time of the
approval by the board of an application for retirement or at the
time of the approval of a later exercise by such member of an
option granted by this Code section and who holds such status at
the time benefits became payable to such person on account of the
death of a member. (b)(1) Any eligible member who has attained the age of 55 years
and who terminates service as a firefighter or volunteer
firefighter after at least 25 years of service, upon application
to and approval by the board, shall have a vested right in an
amount equal to the maximum monthly retirement benefit in effect
on the date the board approves such application. Such benefits
shall commence on the date of the member's termination of service. (2) Any eligible member who terminates service as a firefighter or
volunteer firefighter after 25 years of service, but before
reaching the age of 55 years, may, upon filing an application with
the board, cease payment of such member's monthly dues following
such termination of service and, upon reaching the age of 55 years
and being otherwise eligible, shall be paid a monthly benefit
equal to the maximum monthly retirement benefit in effect on the
date such member attains the age of 55 years. (c) Any eligible member who terminates service as a firefighter or
volunteer firefighter after at least 15 years of service, upon
application to and approval by the board, shall have a vested right
in and to a monthly benefit payable for the member's lifetime equal
to a pro rata amount of the maximum monthly retirement benefit in
effect on the date of such termination of service, which amount
shall be determined by the ratio of years served, being not less
than 15 nor more than 25, to the full 25 year service retirement.
Such benefits shall become payable when the member reaches 55 years
of age or when he or she terminates employment as a firefighter or
volunteer firefighter, whichever is later. (d) At any time prior to approval by the board of an application for
retirement, a member may elect or may revoke a previous election and
make a new election to have monthly benefits payable under one of
the options set forth in this subsection, in lieu of the benefits
payable under subsection (b) or (c) of this Code section. The
benefits shall be paid in accordance with the terms of the option
elected. Election of any option shall be made by the member on
forms provided by the board and shall be subject to approval by the
board, which approval shall not be unreasonably withheld. No
optional election is available for payment of disability benefits.
(1) Option A, the joint and survivor option, shall consist of a
decreased retirement benefit which shall be payable during the
joint lifetime of both the member and the member's spouse and
which shall continue after the death of the member during the
lifetime of the spouse in the amount chosen by the member, which
amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50
percent of the member's benefits. Any member who has completed 15
years of creditable service may elect that, in the event of the
member's death prior to receiving any retirement benefits under
this chapter, the member's spouse shall receive decreased
retirement benefits in the amount elected by the member, which
amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50
percent of the benefits to which the member would have been
entitled based upon the member's creditable service as of the time
of the member's death. The decreased retirement benefits payable
to the spouse of a member who dies prior to receiving any
retirement benefits under this chapter shall commence on the date
the member would have become 55 years of age and shall not be
payable unless, prior to the member's death, the member had
elected such benefits in the form and manner prescribed by the
board and had filed such election with the board. (2) Option B, the ten years' certain and life option, shall
consist of a decreased retirement benefit payable to the member
during the member's lifetime; and, in the event of the member's
death within ten years after the member's retirement, the same
monthly benefits shall be payable to the member's selected
beneficiary for the balance of such ten-year period. (3) If a member elects Option A, then, after the approval of the
application for retirement, the following provisions apply: (A) If the member's spouse shall predecease the member, the
member may, in writing on forms prescribed by the board and
subject to approval by the board, revoke Option A and thereafter
receive during the member's lifetime a monthly retirement
benefit commencing on the date on which the board approves such
revocation, but not for any period prior to such approval, equal
to the monthly benefit which would have been payable to the
member had such option not been exercised; (B) If there is entered a final judgment of complete divorce
between the member and the member's spouse, the member may, in
writing on forms prescribed by the board and subject to approval
by the board, revoke Option A and thereafter receive during the
member's lifetime a monthly retirement benefit commencing on the
date on which the board approves such revocation, but not for
any period prior to such approval, equal to the maximum monthly
benefit which would have been payable had such option not been
exercised; and (C) If, following the death of the member's spouse or the entry
of a final judgment of divorce between the member and the
member's spouse, the member remarries, the member may, in
writing on forms prescribed by the board and subject to approval
by the board, elect Option A with respect to the member's new
spouse. The joint and survivor benefit shall be determined as
of the date of the election. No such election shall be made
until the expiration of one year after the date of remarriage or
until a child of the remarried couple is born, whichever is
earlier. (4) The amount of any optional retirement benefit set forth in
this subsection shall be the actuarial equivalent of the amount of
the benefit that would otherwise be payable to the member under
subsection (b) or (c) of this Code section based upon the interest
rate and mortality basis approved from time to time by the board,
the age of the member, and, if applicable, the age of the member's
spouse as of the date benefits are to commence or as of the date
benefits would have commenced if the member had retired after
first becoming eligible for full benefits, whichever is earlier,
but the optional benefits available under Option A shall be
calculated without regard to the provisions of paragraph (3) of
this subsection. (e) Any eligible member shall be entitled to an increase in the
maximum monthly retirement benefit in effect at the time of the
member's retirement under this Code section equal to 1 percent of
the monthly retirement benefit for which the member would have been
otherwise eligible for each full year of creditable service while a
member of the fund as a firefighter or volunteer firefighter in
excess of 25 years of creditable service. (f) Any eligible member who would be entitled to the commencement of
retirement benefits upon reaching age 55 under subsection (b) or (c)
of this Code section may elect to retire after reaching the age of
50 but before reaching the age of 55 and immediately commence the
drawing of retirement benefits and in that event the member shall be
eligible immediately upon retirement for a reduced monthly pension
benefit in an amount determined by multiplying the benefit for which
the member would have been otherwise entitled under subsections (b),
(c), and (e) of this Code section had the member delayed retirement
or the commencement of benefits until the member reached age 55,
such benefit to be determined as of the date of the member's actual
retirement or first receipt of the monthly retirement benefit by the
factor set forth below: If the Member's Age At The Early Retirement
Retirement (determined by Factor Is:
the member's age at the
member's immediately
preceding birthday) Is: 50 .70
51 .76
52 .82
53 .88
54 .94 The option available under this subsection may also be exercised by
a surviving spouse who is the beneficiary of an Option A election
with respect to the benefits payable to the spouse in the event the
member dies prior to receiving any benefits and would have been able
to exercise the option available under this subsection. (g)(1) If any member who has not elected an option under
subsection (d) of this Code section dies after accruing at least
15 years of creditable service but before applying for retirement
as provided in this Code section, and such member is survived by a
spouse, the surviving spouse shall be entitled to receive a
benefit as if the member had elected to receive 100 percent of the
member's benefits under Option A as provided in paragraph (1) of
subsection (d) of this Code section. Such benefits shall commence
on the date the deceased member would have reached the age of 55
years or, at the option of the surviving spouse, on the date the
deceased member would have reached the age of 50 years in
accordance with the provisions of subsection (f) of this Code
section. (2) If any member who has not elected an option under subsection
(d) of this Code section dies after accruing at least 15 years of
creditable service but before applying for retirement as provided
in this Code section, and such member is not survived by a spouse,
the selected beneficiary shall be entitled to receive a benefit as
if the member had elected to receive Option B as provided in
paragraph (2) of subsection (d) of this Code section. (3) If any member who has elected an option under subsection (d)
of this Code section dies after accruing at least 15 years of
creditable service but before applying for retirement as provided
for in this Code section, the benefits shall be paid in accordance
with the option so elected. |