Section 13-346. Death benefits; ordinary death benefits  


Latest version.
  • a. Upon the death of
      an  original  plan  member  not subject to article eleven (as defined in
      subdivision four-c of section 13-313 of this  subchapter)  who  has  not
      completed  the  period  of  service,  as  elected  by  him  or  her  for
      retirement, or upon the death of  a  former  original  plan  member  not
      subject  to article eleven, there shall be paid to his or her estate, or
      to such person as he or she has nominated or shall nominate  by  written
      designation  duly executed and filed with such board during the lifetime
      of the member:
        1.  His  or  her  accumulated  contributions,  that  is,  his  or  her
      contributions without interest; and, in addition thereto,
        2.  If  such  member  is  in  city-service  or  is  on a civil service
      preferred eligible list by reason of city-service, unless  a  retirement
      allowance  be payable by the city under the provisions of section 13-347
      of this subchapter, an amount equal to the compensation earnable by  him
      or  her  while a member, during the six months immediately preceding his
      or her death, and, if the total  number  of  years  in  which  allowable
      service   was  rendered  exceeds  ten,  then  an  amount  equal  to  the
      compensation earnable by him or  her  in  city-service  while  a  member
      during  the twelve months immediately preceding his or her death, and in
      addition,        in        either         such         case,         the
      accumulation-for-increased-take-home-pay, if any.
        a-1. Upon the death of an improved benefits plan member not subject to
      article eleven (as defined in subdivision four-i of such section 13-313)
      or  of  a  former  improved  benefits plan member not subject to article
      eleven, there shall be paid to his or her estate, or to such  person  as
      he  or  she  has nominated or shall nominate by written designation duly
      executed and filed with such board during the lifetime of the member:
        1. His or her accumulated deductions; and, in addition thereto,
        2. If such member  is  in  city-service  or  is  on  a  civil  service
      preferred  eligible  list by reason of city-service, unless a pension be
      payable by the city under the  provisions  of  section  13-347  of  this
      subchapter,  an  amount equal to the compensation earnable by him or her
      while a member, during the six months immediately preceding his  or  her
      death,  and, if the total number of years in which allowable service was
      rendered exceeds ten, then an amount equal to the compensation  earnable
      by  him  or  her in city-service while a member during the twelve months
      immediately preceding his or her death, and in addition, in either  such
      case, the reserve-for-increased-take-home-pay.
        b.  Until  the  first payment has been made on account of a retirement
      benefit without optional  selection  of  an  original  plan  member  not
      subject  to  article  eleven  or  an  improved  benefits plan member not
      subject to article eleven, such member may be construed by such board to
      have been in city-service and the applicable benefits provided  in  this
      section may be paid in lieu of the retirement allowance.
        c.  The  original  plan  member  not  subject to article eleven or the
      improved benefits plan member not subject to article eleven, or  on  the
      death of any such member, the person nominated by him or her to receive,
      in  the  case  of an original plan member not subject to article eleven,
      his or her accumulated  contributions  or  his  or  her  death  benefit,
      together with the accumulation-for-increased-take-home-pay, or both, or,
      in  the  case of an improved benefits plan member not subject to article
      eleven, the person nominated by him or her to receive either his or  her
      accumulated  deductions,  his  or  her  death benefit, together with the
      reserve-for-increased-take-home-pay, or both,  may  provide  by  written
      designation  duly  executed and filed with such board that the actuarial
      equivalent of the benefit otherwise payable in a lump sum shall be  paid
      to  the  person  designated  in  the  form  of  an  annuity  payable  in
    
      installments not more often than  once  a  month,  the  amount  of  such
      annuity to be determined at the time of such member's death on the basis
      of the age of the beneficiary at that time.
        d.  Upon  the  death of an original plan member not subject to article
      eleven who has completed the period of service, as elected by him or her
      for retirement, but who shall not have filed application for  retirement
      or  who,  having filed application for retirement shall die prior to the
      first payment on account of the benefits thereunder, there shall be paid
      to his or her estate, or to such person as he or she  has  nominated  or
      shall  nominate by written designation duly executed and filed with such
      board:
        1.  His  or  her  accumulated  contributions,  that  is  his  or   her
      contributions without interest; and in addition thereto,
        2.  The  present value of the pension he or she would have received if
      he or she had retired and had become entitled to a pension  for  service
      on the day immediately preceding the day of his or her death.
        e.  Notwithstanding  the  foregoing provisions of this section, and in
      lieu of any lesser amount thereby  prescribed,  upon  the  death  of  an
      improved  benefits  plan  member not subject to article eleven, prior to
      the first payment of a retirement benefit, who has completed the minimum
      period of service, as elected by him or her for retirement, and  whether
      or  not  such  member shall have filed application for retirement, there
      shall be paid to his or her estate, or to such person as he or  she  has
      nominated  or  shall  nominate  by written designation duly executed and
      filed in accordance with the requirements of this subchapter:
        1. His or her accumulated deductions; and in addition thereto,
        2. The amount of reserve equal to the present value of the pension  he
      or  she would have received if he or she had retired and became entitled
      to a pension on the day immediately preceding his or her death.
        The beneficiary of such deceased member shall have the right to accept
      such benefits in lump sum or in such periodic payments,  on  an  annuity
      basis, as such beneficiary shall elect.
        f.  1.  The  provisions  of the preceding subdivisions of this section
      applicable to original plan members not subject to article eleven  shall
      apply  to  an original plan member subject to article eleven (as defined
      in subdivision four-d of such section 13-313), except to the extent  and
      in the manner that any such provision is modified by article eleven.
        2.  The  provisions  of  the  preceding  subdivisions  of this section
      applicable to improved benefits plan  members  not  subject  to  article
      eleven  shall  apply  to  an  improved  benefits  plan member subject to
      article eleven  (as  defined  in  subdivision  four-j  of  such  section
      13-313),  except to the extent and in the manner that any such provision
      is modified by article eleven.