Section 13-542. Death benefits; ordinary death benefits  


Latest version.
  • a. Upon the death of
      a contributor before retirement there shall be paid to his or her estate
      or  to  such  person  as  he  or  she  shall  have  nominated by written
      designation duly executed and filed with the retirement board:
        1. His or her accumulated deductions; and, in addition thereto,
        2. A sum consisting of:
        (i) His or  her  reserve-for-increased-take-home-pay,  if  any,  which
      shall  be  paid  out of the contingent reserve fund; and (ii) An amount,
      payable out of the contingent reserve fund in the case of a new  entrant
      and   out  of  pension  reserve  fund  number  two  in  the  case  of  a
      present-teacher, equal to the salary earnable by him or her  during  the
      six  months immediately preceding his or her death, provided that at the
      time of his or her death he or she had obtained the  age  of  sixty-five
      years  or  had a total-service of thirty-five years and was eligible for
      service retirement.
        b. Where any contributor, by any designation heretofore  or  hereafter
      filed  pursuant  to  subdivision  a of this section and in effect at the
      time of the death of such contributor, nominated or shall  nominate  any
      person  to  receive  the  amount  payable  under  subparagraph  (ii)  of
      paragraph   two   of   subdivision    a    of    this    section,    the
      reserve-for-increased-take-home-pay,  if  any,  of  such member, payable
      under subparagraph (i) of such paragraph two shall be paid to the person
      so nominated.
        c. (1) The retirement board may adopt rules and regulations  providing
      that   in  any  case  where  a  contributor  or  designated  beneficiary
      authorized by the applicable provisions of this chapter  to  nominate  a
      beneficiary  to receive a lump sum benefit pursuant to section 13-542 or
      section 13-543 of this chapter represents to the retirement system  that
      a specified person has been designated by such contributor or designated
      beneficiary as a trustee of an inter vivos or testamentary trust for the
      purposes  of  this  subdivision  c,  such person shall be eligible to be
      nominated to receive, in the capacity of trustee, such lump sum  benefit
      pursuant to the applicable provisions of either of such sections.
        (2) Any proceeds received by a trustee under this section shall not be
      subject to the debts of the member or to transfer or estate taxes to any
      greater  extent  than if such proceeds were payable to the beneficiaries
      named in the trust and not to the estate of the member.
        (3) A payment made in good faith under this section (a) to a person so
      represented to the retirement system to be a trustee of an  inter  vivos
      trust, or (b) to a person who is designated as a successor trustee of an
      inter  vivos trust and who provides a copy of his or her appointment or,
      (c) to a person who is designated as a trustee or successor trustee of a
      testamentary  trust  and  who  provides  a  copy  of  the   letters   of
      trusteeship, provided such payment is made to such payee in the capacity
      of  trustee,  shall  be a complete discharge to the retirement system to
      the extent of the payment. Such  discharge  shall  not  be  impaired  or
      affected  by  an  adjudication  that a trust is invalid or that a person
      represented to be or designated as a trustee is not entitled to  receive
      the proceeds, if payment is made in good faith under this section before
      notice  to  the  retirement system of the claim of invalidity or lack of
      entitlement on which such adjudication is based.
        (4) (a) If no person to whom the retirement system  is  authorized  to
      make  payment  in  the capacity of trustee, as provided for in paragraph
      three of this subdivision c, claims the proceeds within eighteen  months
      after  the  death  of  the member, payment shall be made to the deceased
      member's estate and such payment shall be a complete  discharge  to  the
      retirement system to the extent of the payment.
    
        (b)  If  satisfactory  evidence  is  furnished  within  such period of
      eighteen months that there is or will  be  no  trustee  to  receive  the
      proceeds, payment shall be made to the deceased member's estate.
        (5)  In  the  event  that  after  a  person  represented  to have been
      designated as a trustee of an  inter  vivos  or  testamentary  trust  is
      nominated  pursuant to rules and regulations adopted under paragraph one
      of  this  subdivision  c,  the  contributor  or  designated  beneficiary
      authorized to make a nomination shall, in compliance with the applicable
      provisions  of  this  chapter, nominate for receipt of the same lump sum
      benefit:
        (a) a beneficiary other than a person  so  represented  to  have  been
      designated as a trustee; or
        (b)  a person represented to have been designated as a trustee under a
      different inter vivos or testamentary trust;
        a payment made in good faith under  this  section  to  the  last  such
      nominee  as of the date of death, whether he or she is a beneficiary not
      represented to have been designated as trustee or a  person  represented
      to  have  been  so  designated,  shall  be  a  complete discharge to the
      retirement system to the extent of the payment, provided, however,  that
      if  payment is made to a person represented to have been designated as a
      trustee, the retirement system shall be so discharged if payment is made
      to such person in the capacity of trustee and  if  there  is  compliance
      with  the  requirements  of  paragraph  three of this subdivision c with
      respect to submission of copies. In any case where the last such nominee
      is a person represented to  have  been  designated  as  a  trustee,  the
      provisions of paragraph four of this subdivision c shall apply.