§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.