§22-702. Designation of Survivors.
(1) Permissible designations. Each member shall make an
irrevocable designation of survivors upon retirement. The designation of a
member's survivors must be in writing and on file with the Board. A member
may designate only the following
individuals:
(a) spouse;
(b) natural or adopted child or
children of the member;
(c) parents or parent of the
member;
(d) individuals who are specifically designated and who are
within any of the following categories:
(.1) stepchild or foster child
of the member, or
(.2) child for whom the member stood in loco
parentis, or
(.3) individual whom the member is legally obligated to
support, or
(.4) a relative by blood or marriage,
or
(.5) any other person as designated by the
employee.
(e) estate of the member if the member retired under Option 1 or
Option 4 of § 22-306 (Retirement and Survivorship Benefit
Options).
[27] (2) Death of designated
survivor.
[28] If all designated survivors of a
member predecease the retired member, the member may, within one (1) year of the
death of the last of such survivors, designate new survivors. In the event such
redesignation is made, and if the retired member has chosen retirement benefit
Option 2 or Option 3 under § 22-306, an appropriate actuarial adjustment
shall be made in the benefits of the retired member. A retired member of Plan D,
Plan J or Plan X who had elected Option 4 or who had failed to make an election
may not designate a new survivor. If such member rejects the option to
redesignate survivors, or if one (1) year elapses without the member having
exercised such option, an adjustment shall be made to the retired member's
benefits to reflect the absence of a survivor. Effective the first day of the
month following such retiree's written rejection of the option to
redesignate, or the first day of the month following the expiration of the time
period to redesignate, whichever date first occurs, such retired member's
benefit will be redetermined as a benefit calculated as though the member had
selected no survivorship benefit option. The option provided for in this
subsection is subject to the following additional conditions:
(a) The
option may be exercised one time only.
(b) If a retired member's
last survivors duly designated under this Section die before the retired member,
then, upon such retiree's death:
(.1) The unpaid balance of the
retired member's contributions will be paid to the member's estate
if the member retired under Option 1; and
(.2) No further benefits
will be paid if the retired member retired under Option 2 or Option
3.
(c) Except as otherwise provided in this Title or this Code, the
rights and benefits of a survivor will not be affected by the fact that the
survivor may receive other compensation from the City in a different
capacity.