Section 109. Abandonment of unclaimed contributions; payment to the pension accumulation fund  


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  • a. After at least five years have elapsed since  the
      separation  from  service  of a member who has not vested, for any cause
      other than death or retirement, the comptroller shall send  a  statement
      to such person at his last known address setting forth the amount of the
      accumulated  contributions standing to his credit in the annuity savings
      fund and give notice to said person that unless he  demands  payment  of
      said  amount  prior to a date at least one year from the date the notice
      is given,  said  accumulated  contributions  remaining  in  the  annuity
      savings  fund  will  be  deemed abandoned and will be transferred to the
      pension accumulation fund.
        b. After the expiration of at least one year from the date the  notice
      is  given,  the  comptroller  shall publish in the state bulletin a list
      setting forth the  names  of  persons  who  have  unclaimed  accumulated
      contributions  in the retirement system. At the expiration of six months
      from  the  date  of  the  publication  of  such  list  the   accumulated
      contributions  of  the  persons  so listed shall be deemed abandoned and
      shall be placed in the pension accumulation fund  to  be  used  for  the
      purposes of said fund.
        c.  Any  accumulated contributions so deemed abandoned and transferred
      to the pension accumulation fund may be claimed by the person  who  made
      such  accumulated  contributions,  or  in  the event of his death by his
      estate or by such person or  persons  as  he  shall  have  nominated  to
      receive  such  accumulated  contributions,  by  filing  a claim with the
      comptroller in such form and in such manner as may be prescribed by  the
      comptroller,   seeking   the   return   of  such  abandoned  accumulated
      contributions. In the event such claim is properly made the  comptroller
      shall  pay over to the person or persons or estate making such claim the
      amount of such accumulated contributions without interest.  The  payment
      shall be made from the pension accumulation fund.