Section 13-558. Retirement; options in which retirement allowances may be taken  


Latest version.
  • a. A contributor may at any time file with such board his or  her  election  to  receive  on retirement his or her benefits in a retirement
      allowance payable throughout life or to receive the actuarial equivalent
      of his or her annuity, his or her pension,  or  his  or  her  retirement
      allowance  in  a  lesser  annuity,  or  a  lesser  pension,  or a lesser
      retirement allowance, payable throughout life, with the provision that;
        Option I. If he or she dies before he or she has received in  payments
      the  present  value of his or her annuity, his or her pension, or his or
      her retirement  allowance,  as  it  was  at  the  time  of  his  or  her
      retirement, the balance shall be paid to his or her legal representative
      or  to  such  person  as he or she shall nominate by written designation
      duly acknowledged and filed with such board. The contributor may provide
      by written designation duly acknowledged and filed with such board, that
      if such balance shall be in the sum of ten thousand dollars or more, the
      same shall be paid to the person designated in accordance  with  one  of
      the following options:
        Option  Ia.  Upon  the  death of the contributor such balance shall be
      paid to the person designated in the form  of  an  annuity,  in  monthly
      installments,   throughout   his   or  her  life.  The  annuity  to  the
      beneficiary, if payable, shall be calculated on  the  basis  of  regular
      interest and the mortality table for Option A; or
        Option  Ib.  Upon  the  death of the contributor such balance shall be
      paid  in  a  lesser  annuity  in  monthly  installments  to  the  person
      designated  with  a provision that should such beneficiary die before he
      or she has received the total  actuarial  value  of  such  balance,  the
      unused portion shall be paid to the estate of the contributor or to such
      other  person  as  he  or she shall nominate by written designation duly
      acknowledged and filed with  such  board.  The  lesser  annuity  to  the
      beneficiary,  if  payable,  shall  be calculated on the basis of regular
      interest and the mortality table for Option B.
        In the event that the contributor has made no election of Option Ia or
      Option Ib, the designated beneficiary may elect to receive  the  balance
      payable upon the death of the contributor in a lump sum or he or she may
      elect  to  have  such balance paid under any one of the above options in
      the same manner as if the contributor had designated  the  option  under
      which  such  balance  would have been paid. The beneficiary nominated in
      such designation may be changed by the contributor at  any  time  either
      before  or  after  retirement by a new designation or designations filed
      prior to the death of the contributor.
        Option II. Upon his or her death, his  or  her  annuity,  his  or  her
      pension,  or  his  or  her  retirement  allowance,  shall  be  continued
      throughout the life of and paid to  such  person  as  he  or  she  shall
      nominate  by  written  designation duly acknowledged and filed with such
      board.
        Option III. Upon his or her death, one-half of his or her annuity, his
      or her pension, or his or her retirement allowance, shall  be  continued
      throughout  the  life  of  and  paid  to  such person as he or she shall
      nominate by written designation duly acknowledged and  filed  with  such
      board.
        Option  IV. Some other benefit or benefits shall be paid either to the
      contributor or to such person or persons as he or  she  shall  nominate,
      provided  such  other  benefit  or  benefits  together  with such lesser
      annuity, or lesser pension, or  lesser  retirement  allowance  shall  be
      certified  by  the  actuary  of such board to be of equivalent actuarial
      value and shall be approved by such board.
    
        b. For purposes of this section, the words "pension"  and  "retirement
      allowance"       shall      be      deemed      to      include      the
      pension-providing-for-increased-take-home-pay.
        c.  Notwithstanding any other provision of this title to the contrary,
      a twenty-year  pension  plan  contributor  who  has  made  an  election,
      pursuant  to  subdivision a of this section, prior to the effective date
      to his or her retirement, may, at any time before his or her  retirement
      allowance as such a contributor begins, change any such election made by
      or  her  to any other election authorized by such subdivision, by filing
      such changed election with the board. Any such changed election may,  at
      any  time before such retirement allowance begins, be further changed in
      the same manner to any other election authorized  by  such  subdivision.
      Any  such  changed  election  last  filed  shall supersede all elections
      previously filed.
        d. (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 under this section 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 purpose of this subdivision d,  such
      person shall (a) be eligible to be nominated to receive, in the capacity
      of  trustee, a lump sum benefit under Option I and (b) be eligible to be
      nominated to receive, in the capacity  of  trustee,  any  benefit  under
      Option IV which the retirement board shall deem appropriate.
        (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) 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 d, claims the proceeds within eighteen months  after
      the  death  of the retired member, payment shall be made to the deceased
      retired member's estate and such payment shall be a  complete  discharge
      to the retirement system to the extent of the payment.
        (a)  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 retired 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  d,  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 d 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 d shall apply.
        e.  Notwithstanding  section  13-565  and  any other provision of this
      title, an option selection previously filed by a contributor or  retired
      contributor  may be changed no later than thirty days following the date
      of payability of his or her retirement allowance. A retired  contributor
      who  has  been  retired  for  disability  may change an option selection
      previously filed no later than (1) thirty days  following  the  date  on
      which  such  contributor's  application  for  disability  retirement was
      approved by the retirement board or (2) thirty days following  the  date
      on which the contributor was retired for disability, whichever is later.