Section 13-261.2. Death of applicant before effective date of retirement  


Latest version.
  • a.
      If a member  who  is  otherwise  eligible  for  retirement  pursuant  to
      sections  13-251  and  13-252 of this subchapter dies within thirty days
      after  the  filing  with  the  pension  board  of  the  application  for
      retirement  pursuant  to section 13-251 or 13-252 of this subchapter and
      it  is  established  that  the  physical   or   mental   impairment   or
      incapacitation  of  the  applicant  specified  in  such  application was
      directly related to the cause of the applicant's death, such application
      shall be approved by the pension board effective one day before the date
      of the applicant's death, provided, however, that:
        1. if a member  is  entitled  to  an  ordinary  disability  retirement
      allowance under the provisions of this subchapter, the benefits provided
      pursuant  to  section  13-251 of this subchapter shall be payable unless
      the member would otherwise be entitled to a greater benefit pursuant  to
      section  13-243  of  this subchapter, in which event the greater benefit
      shall be payable; or
        2. if a member is entitled  to  an  accidental  disability  retirement
      allowance under the provisions of this subchapter, the benefits provided
      pursuant  to  section  13-252 of this subchapter shall be payable unless
      the member would otherwise be entitled to a greater benefit pursuant  to
      section  13-244  of  this subchapter, in which event the greater benefit
      shall be payable.
        b. Notwithstanding any  law  to  the  contrary,  for  the  purpose  of
      electing  an  option  pursuant to section 13-261 of this subchapter, the
      pension board  shall  notify  the  surviving  spouse  of  any  applicant
      described  in  subdivision  a  of  this  section,  or, if no such spouse
      exists, the personal representative of the estate of such  applicant  of
      the right of election pursuant to said section 13-261 and such surviving
      spouse  or  personal  representative  of  such estate may elect any such
      option within thirty days after receipt of such notice.