Surviving spouse or child payments; designated beneficiary.
(a) If any participant dies as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly pension equal to Option B 100 percent joint and survivor plan (described in Section 45-8A-22.81) based on a 30-year service retirement. If the deceased participant leaves no surviving spouse or the surviving spouse should die and if the participant leaves a surviving child or children under the age of 18 years, then a benefit of 50 percent of the amount the participant would have been paid under the 100 percent joint and survivor plan based on a 30-year service retirement shall be paid to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children until the youngest child reaches the age of 18 years. As each child reaches the age of 18 years, the child shall cease to participate in the 50 percent, thereby increasing the share or shares of the child or children under the age of 18 years.
(b) If any participant who has been in continuous service for a period of at least 20 years dies from any cause other than as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly pension equal to Option B 100 percent joint and survivor plan (described in Section 45-8A-22.81) based on a years of service retirement. If the deceased participant leaves no surviving spouse or the surviving spouse should die and if the participant leaves a surviving child or children under the age of 18 years, then a benefit of 50 percent of the amount the participant would have been paid under the 100 percent joint and survivor plan based on a years of service retirement shall be paid to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children until the youngest child reaches the age of 18 years. As each child reaches the age of 18 years, the child shall cease to participate in the 50 percent, thereby increasing the share or shares of the child or children under the age of 18 years.
(c) If any participant who has been in continuous service for a period of less than 20 years dies from any cause other than as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of all the participant's contributions without interest. If the deceased participant leaves no surviving spouse, and if the participant leaves a surviving child or children under the age of 18 years, the retirement board shall direct the payment of all the participant's contributions without interest to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children.
(d) If a participant, having retired prior to January 1, 1989, dies from any cause and leaves a surviving spouse, the retirement board shall direct the payment of a monthly pension to the spouse equal to 50 percent of the amount of the pension being paid to the retired participant at the time of his or her death. If the deceased retired participant leaves no surviving spouse and if he or she leaves a surviving child or children under the age of 18 years, the retirement board shall direct the payment to the legal guardian of the child or children who are then under the age of 18 years, a monthly pension equal to 25 percent of the amount that the deceased retired participant was receiving prior to his or her death for the use and benefit of the child or children.
(e) Notwithstanding any section or subsection contained in this subpart to the contrary, in the event an active or retired participant dies from any cause leaving no spouse or child under the age of 18 years, or if the youngest child of the participant attaining the age of 18 years, the retirement board shall pay a sum equal to the deceased participant's contribution into the plan to a beneficiary designated by the participant, in writing, executed by the beneficiary on the form prescribed by the retirement board and delivered to the secretary of the retirement board. In the event that the participant has not designated a beneficiary of the sum, the retirement board shall, upon demand, pay the sum to the personal representative of the estate of the deceased participant. Any amounts received by the deceased participant in his or her lifetime or by his or her surviving spouse or children following the death of the participant shall be deducted from the amount payable to the beneficiary properly designated by the participant or to the estate of the deceased participant pursuant to the terms of this subpart. Any attempt to designate a beneficiary pursuant to the terms of this subsection not in compliance with the procedure set forth herein shall be wholly ineffective and the retirement board and secretary of the retirement board shall be exempted and immune from any suit, action, or cause of action for damages or from any other compelling the payment of the sum provided herein to a person not properly designated as a beneficiary in accordance with the terms of this subpart.
(f) Notwithstanding any section or subsection contained in the subpart to the contrary, any participant whose death meets the criteria set out in subsections (a), (b), (c), and (d) and who leaves surviving children by a prior marriage, who are under the age of 18 years, and for whom no other court-ordered provision in contemplation of divorce has been made in regard to this section, the board shall direct that 50 percent of the monthly benefits from the plan be paid to the surviving child or children under the age of 18 years in the same manner set out in each subsection as if there were no surviving spouse and that any surviving spouse shall receive the other 50 percent in the same manner as each subsection sets out. It being the intent of the board to provide benefits to any child or children of the participant from a prior marriage or marriages, who are under the age of 18 years, and for whom no court-ordered provision regarding this plan has been previously made. In no event shall a child or children receive any dependent benefits from the plan under this subsection after attaining the age of 18 years, except as payable under the terms of the preceding subsection.
(Act 2002-298, p. 815, §22; Act 2002-304, p. 841, §22; Act 2005-151, p. 267, §1.)
Surviving spouse or child payments; designated beneficiary.
(a) If any participant dies as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly pension equal to Option B 100 percent joint and survivor plan (described in Section 45-8A-22.81) based on a 30-year service retirement. If the deceased participant leaves no surviving spouse or the surviving spouse should die and if the participant leaves a surviving child or children under the age of 18 years, then a benefit of 50 percent of the amount the participant would have been paid under the 100 percent joint and survivor plan based on a 30-year service retirement shall be paid to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children until the youngest child reaches the age of 18 years. As each child reaches the age of 18 years, the child shall cease to participate in the 50 percent, thereby increasing the share or shares of the child or children under the age of 18 years.
(b) If any participant who has been in continuous service for a period of at least 20 years dies from any cause other than as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly pension equal to Option B 100 percent joint and survivor plan (described in Section 45-8A-22.81) based on a years of service retirement. If the deceased participant leaves no surviving spouse or the surviving spouse should die and if the participant leaves a surviving child or children under the age of 18 years, then a benefit of 50 percent of the amount the participant would have been paid under the 100 percent joint and survivor plan based on a years of service retirement shall be paid to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children until the youngest child reaches the age of 18 years. As each child reaches the age of 18 years, the child shall cease to participate in the 50 percent, thereby increasing the share or shares of the child or children under the age of 18 years.
(c) If any participant who has been in continuous service for a period of less than 20 years dies from any cause other than as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of all the participant's contributions without interest. If the deceased participant leaves no surviving spouse, and if the participant leaves a surviving child or children under the age of 18 years, the retirement board shall direct the payment of all the participant's contributions without interest to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children.
(d) If a participant, having retired prior to January 1, 1989, dies from any cause and leaves a surviving spouse, the retirement board shall direct the payment of a monthly pension to the spouse equal to 50 percent of the amount of the pension being paid to the retired participant at the time of his or her death. If the deceased retired participant leaves no surviving spouse and if he or she leaves a surviving child or children under the age of 18 years, the retirement board shall direct the payment to the legal guardian of the child or children who are then under the age of 18 years, a monthly pension equal to 25 percent of the amount that the deceased retired participant was receiving prior to his or her death for the use and benefit of the child or children.
(e) Notwithstanding any section or subsection contained in this subpart to the contrary, in the event an active or retired participant dies from any cause leaving no spouse or child under the age of 18 years, or if the youngest child of the participant attaining the age of 18 years, the retirement board shall pay a sum equal to the deceased participant's contribution into the plan to a beneficiary designated by the participant, in writing, executed by the beneficiary on the form prescribed by the retirement board and delivered to the secretary of the retirement board. In the event that the participant has not designated a beneficiary of the sum, the retirement board shall, upon demand, pay the sum to the personal representative of the estate of the deceased participant. Any amounts received by the deceased participant in his or her lifetime or by his or her surviving spouse or children following the death of the participant shall be deducted from the amount payable to the beneficiary properly designated by the participant or to the estate of the deceased participant pursuant to the terms of this subpart. Any attempt to designate a beneficiary pursuant to the terms of this subsection not in compliance with the procedure set forth herein shall be wholly ineffective and the retirement board and secretary of the retirement board shall be exempted and immune from any suit, action, or cause of action for damages or from any other compelling the payment of the sum provided herein to a person not properly designated as a beneficiary in accordance with the terms of this subpart.
(f) Notwithstanding any section or subsection contained in the subpart to the contrary, any participant whose death meets the criteria set out in subsections (a), (b), (c), and (d) and who leaves surviving children by a prior marriage, who are under the age of 18 years, and for whom no other court-ordered provision in contemplation of divorce has been made in regard to this section, the board shall direct that 50 percent of the monthly benefits from the plan be paid to the surviving child or children under the age of 18 years in the same manner set out in each subsection as if there were no surviving spouse and that any surviving spouse shall receive the other 50 percent in the same manner as each subsection sets out. It being the intent of the board to provide benefits to any child or children of the participant from a prior marriage or marriages, who are under the age of 18 years, and for whom no court-ordered provision regarding this plan has been previously made. In no event shall a child or children receive any dependent benefits from the plan under this subsection after attaining the age of 18 years, except as payable under the terms of the preceding subsection.
(Act 2002-298, p. 815, §22; Act 2002-304, p. 841, §22; Act 2005-151, p. 267, §1.)
Surviving spouse or child payments; designated beneficiary.
(a) If any participant dies as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly pension equal to Option B 100 percent joint and survivor plan (described in Section 45-8A-22.81) based on a 30-year service retirement. If the deceased participant leaves no surviving spouse or the surviving spouse should die and if the participant leaves a surviving child or children under the age of 18 years, then a benefit of 50 percent of the amount the participant would have been paid under the 100 percent joint and survivor plan based on a 30-year service retirement shall be paid to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children until the youngest child reaches the age of 18 years. As each child reaches the age of 18 years, the child shall cease to participate in the 50 percent, thereby increasing the share or shares of the child or children under the age of 18 years.
(b) If any participant who has been in continuous service for a period of at least 20 years dies from any cause other than as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of a monthly pension equal to Option B 100 percent joint and survivor plan (described in Section 45-8A-22.81) based on a years of service retirement. If the deceased participant leaves no surviving spouse or the surviving spouse should die and if the participant leaves a surviving child or children under the age of 18 years, then a benefit of 50 percent of the amount the participant would have been paid under the 100 percent joint and survivor plan based on a years of service retirement shall be paid to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children until the youngest child reaches the age of 18 years. As each child reaches the age of 18 years, the child shall cease to participate in the 50 percent, thereby increasing the share or shares of the child or children under the age of 18 years.
(c) If any participant who has been in continuous service for a period of less than 20 years dies from any cause other than as a result of injuries received in the line of duty and leaves a surviving spouse, the retirement board shall direct the payment to the surviving spouse of all the participant's contributions without interest. If the deceased participant leaves no surviving spouse, and if the participant leaves a surviving child or children under the age of 18 years, the retirement board shall direct the payment of all the participant's contributions without interest to the legal guardian of the child or children who are then under the age of 18 for the use and benefit of the child or children.
(d) If a participant, having retired prior to January 1, 1989, dies from any cause and leaves a surviving spouse, the retirement board shall direct the payment of a monthly pension to the spouse equal to 50 percent of the amount of the pension being paid to the retired participant at the time of his or her death. If the deceased retired participant leaves no surviving spouse and if he or she leaves a surviving child or children under the age of 18 years, the retirement board shall direct the payment to the legal guardian of the child or children who are then under the age of 18 years, a monthly pension equal to 25 percent of the amount that the deceased retired participant was receiving prior to his or her death for the use and benefit of the child or children.
(e) Notwithstanding any section or subsection contained in this subpart to the contrary, in the event an active or retired participant dies from any cause leaving no spouse or child under the age of 18 years, or if the youngest child of the participant attaining the age of 18 years, the retirement board shall pay a sum equal to the deceased participant's contribution into the plan to a beneficiary designated by the participant, in writing, executed by the beneficiary on the form prescribed by the retirement board and delivered to the secretary of the retirement board. In the event that the participant has not designated a beneficiary of the sum, the retirement board shall, upon demand, pay the sum to the personal representative of the estate of the deceased participant. Any amounts received by the deceased participant in his or her lifetime or by his or her surviving spouse or children following the death of the participant shall be deducted from the amount payable to the beneficiary properly designated by the participant or to the estate of the deceased participant pursuant to the terms of this subpart. Any attempt to designate a beneficiary pursuant to the terms of this subsection not in compliance with the procedure set forth herein shall be wholly ineffective and the retirement board and secretary of the retirement board shall be exempted and immune from any suit, action, or cause of action for damages or from any other compelling the payment of the sum provided herein to a person not properly designated as a beneficiary in accordance with the terms of this subpart.
(f) Notwithstanding any section or subsection contained in the subpart to the contrary, any participant whose death meets the criteria set out in subsections (a), (b), (c), and (d) and who leaves surviving children by a prior marriage, who are under the age of 18 years, and for whom no other court-ordered provision in contemplation of divorce has been made in regard to this section, the board shall direct that 50 percent of the monthly benefits from the plan be paid to the surviving child or children under the age of 18 years in the same manner set out in each subsection as if there were no surviving spouse and that any surviving spouse shall receive the other 50 percent in the same manner as each subsection sets out. It being the intent of the board to provide benefits to any child or children of the participant from a prior marriage or marriages, who are under the age of 18 years, and for whom no court-ordered provision regarding this plan has been previously made. In no event shall a child or children receive any dependent benefits from the plan under this subsection after attaining the age of 18 years, except as payable under the terms of the preceding subsection.
(Act 2002-298, p. 815, §22; Act 2002-304, p. 841, §22; Act 2005-151, p. 267, §1.)
