TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
CHAPTER 22-300. RETIREMENT BENEFITS
§22-306. Retirement and Survivorship Benefit Options.
(1) Election of options. Any member may at any time prior
to retirement elect in writing one of the following options pursuant to which
retirement benefits and survivorship benefits will be paid.
Option 1 -
The retired member will receive retirement benefits in the form of an annuity
for life. If the retired member dies before having received retirement benefits
equal to the amount of the retired member's total contributions, the
balance of the member's contributions will be paid to the member's
designated survivor as a survivorship benefit.
Option 2 - The retired
member will receive an actuarially reduced retirement benefit in the form of an
annuity for life. If the retired member predeceases the member's
designated survivor, a survivorship benefit which equals the member's
retirement benefit will be paid to the member's designated survivor for
the remainder of the survivor's life. Option 2 benefits shall be
calculated so that the present value of Option 2 shall equal the present value
of Option 1.
Option 3 - The retired member will receive an actuarially
reduced retirement benefit in the form of an annuity for life. If the retired
member predeceases the member's designated survivor, a survivorship
benefit which equals one-half (½) of the member's retirement benefit
will be paid to the member's designated survivor for the remainder of the
survivor's life. Option 3 benefits shall be calculated so that the present
value of Option 3 shall equal the present value of Option 1.
Option 4 -
With respect to a member of Plan D, Plan J or Plan X only, the retired member
will receive retirement benefits in the form of an annuity for life. If the
retired member elected this option or dies without having elected any option,
one-half of the amount of the member's retirement benefit, without
reduction, shall be paid to the member's surviving spouse, provided that
they were married at least two (2) years before retirement or the date on which
a separated member became eligible to apply for retirement
benefits.
Upon the death of the surviving spouse, or if there is no
surviving spouse who qualifies under the previous paragraph, the retirement
benefit shall be paid to the dependent children, either natural or adopted, of
the deceased member until each child attains age eighteen (18) or, if any such
child remains dependent because of physical or mental infirmity, the duration of
the infirmity. If there is no eligible child, the retirement benefit shall be
paid to the dependent parent or parents of the deceased.
If there is no
surviving spouse, dependent child or parent who qualifies, and the member dies
before receiving retirement benefits equal to his or her member contributions,
the balance shall be paid to the member's beneficiary.
(2) Failure
to choose option; members of plans not eligible for Option 4. If a member of
Plan A, Plan B, Plan L, or Plan Y retires without electing a retirement benefit
option among Option 1, Option 2 and Option 3, the member shall receive
retirement benefits without actuarial reduction except for early retirement
under § 22-303 (Optional Early Retirement Benefits). Upon the
member's death, subject to the provisions of subsection (3), no further
benefits will be paid.
(3) Failure to designate survivor. When a member
of Plan A, Plan B, Plan L, or Plan Y retires without designating any survivor
and then dies, no further benefits will be paid; provided, however, that if such
member is survived by a spouse to whom the member had been married two (2) years
or more and with whom the member was living at the time of death, or with whom
the member had one or more children who are under the age of eighteen (18) at
the time of the member's death, the member shall be deemed to have
designated such spouse as the survivor under Option 1.
(4) Change of
option. Until retirement, a member may revoke the election of any option under
this section, and may elect any other option, except that only members of Plan
D, Plan J or Plan X may elect Option 4. On retirement, subject to the provisions
of § 22-702 (Designation of Survivors), the last election of any of the
foregoing options shall be irrevocable.
(5) Effect of designating
impermissible survivor. Survivors shall be designated in accordance with the
provisions of § 22-702 (Designation of Survivors). If a member designates a
survivor not within a permissible class, such designation shall be invalid and
of no effect, and any survivor shall be determined in accordance with the
provisions of § 22-702 (Designation of Survivors). With respect to a member
who had elected Option 1, any amount payable upon the death of such member shall
be paid to the member's survivors, if any, in accordance with the
provisions of § 22-702. With respect to a member who had elected Option 2
or Option 3, the additional amount that would have been paid to the member
during the member's lifetime, if the member had not elected Option 2 or
Option 3, shall be paid to the member's survivors, if any, in accordance
with the provisions of § 22-702.