| |
|
|
|
|
|
Sec. 23-85. Optional forms of
benefits. |
|
|
|
 |
|
|
|
|
(a)
In lieu of the amount and form of retirement income payable in the
event of normal or early retirement as specified herein, a member, upon
written request to the board, may elect to receive a retirement income
or benefit of equivalent actuarial value payable in accordance with one
of the following options:
|
|
|
|
 |
|
|
|
|
(1)
A retirement income of a monthly amount payable to the retiree for
his lifetime only.
|
|
|
|
 |
|
|
|
|
(2)
A retirement income of a modified monthly amount, payable to the
retiree during the lifetime of the retiree and following the death of
the retiree, one hundred (100) per cent, seventy-five (75) per cent,
sixty-six and two-thirds (66 2/3) per cent or fifty (50) per cent of
such monthly amount payable to a joint pensioner for his lifetime.
Except where the retiree's joint pensioner is his spouse, the present
value of payments to the retiree shall not be less than fifty (50) per
cent of the total present value of payments to the retiree and his joint
pensioner.
|
|
|
|
 |
|
|
|
|
(3)
If a member retires prior to the time at which social security
benefits are payable, he may elect to receive an increased retirement
benefit until such time as social security benefits shall be assumed to
commence and a reduced benefit thereafter in order to provide, to as
great an extent as possible, a more level retirement allowance during
the entire period of retirement. The amounts payable shall be as
recommended by the actuaries for the system, based upon the social
security law in effect at the time of the member's retirement.
|
|
|
|
 |
|
|
|
|
(b)
The member, upon electing any option of this section, will
designate the joint pensioner (subsection (a)(2) above) or beneficiary
(or beneficiaries) to receive the benefit, if any, payable under the
system in the event of member's death, and will have the power to change
such designation from time to time. Such designation will name a joint
pensioner or one or more primary beneficiaries where applicable. A
member may change his beneficiary at any time. If a member has elected
an option with a joint pensioner and the member's retirement income
benefits have commenced, the member may thereafter change his designated
beneficiary at any time, but may only change his joint pensioner twice.
Subject to the restriction in the previous sentence, a member may
substitute a new joint pensioner for a deceased joint pensioner.
|
|
|
|
 |
|
|
|
|
(c)
The consent of a member's or retiree's joint pensioner or
beneficiary to any such change shall not be required. The rights of all
previously-designated beneficiaries to receive benefits under the system
shall thereupon cease.
|
|
|
|
 |
|
|
|
|
(d)
Upon change of a retiree's joint pensioner in accordance with this
section, the amount of the retirement income payable to the retiree
shall be actuarially redetermined to take into account the age of the
former joint pensioner, the new joint pensioner and the retiree and to
ensure that the benefit paid is the actuarial equivalent of the present
value of the retiree's then current benefit at the time of the change.
Any such retiree shall pay the actuarial recalculation expenses. Each
request for a change will be made in writing on a form prepared by the
board and on completion will be filed with the board. In the event that
no designated beneficiary survives the retiree, such benefits as are
payable in the event of the death of the retiree subsequent to his
retirement shall be paid as provided in section 23-86.
|
|
|
|
 |
|
|
|
|
(e)
Retirement income payments shall be made under the option elected
in accordance with the provisions of this section and shall be subject
to the following limitations:
|
|
|
|
 |
|
|
|
|
(1)
If a member dies prior to his normal retirement date or early
retirement date, whichever first occurs, no retirement benefit will be
payable under the option to any person, but the benefits, if any, will
be determined under section 23-82.
|
|
|
|
 |
|
|
|
|
(2)
If the designated beneficiary (or beneficiaries) or joint
pensioner dies before the member's retirement under the system, the
option elected will be canceled automatically and a retirement income of
the normal form and amount will be payable to the member upon his
retirement as if the election had not been made, unless a new election
is made in accordance with the provisions of this section or a new
beneficiary is designated by the member prior to his retirement.
|
|
|
|
 |
|
|
|
|
(3)
If both the retiree and the beneficiary (or beneficiaries)
designated by member or retiree die before the full payment has been
effected under any option providing for payments for a period certain
and life thereafter, made pursuant to the provisions of subsection (a),
the board may, in its discretion, direct that the commuted value of the
remaining payments be paid in a lump sum and in accordance with section
23-86.
|
|
|
|
 |
|
|
|
|
(4)
If a member continues beyond his normal retirement date pursuant
to the provisions of section 23-81, subsection (a), and dies prior to
his actual retirement and while an option made pursuant to the
provisions of this section is in effect, monthly retirement income
payments will be made, or a retirement benefit will be paid, under the
option to a beneficiary (or beneficiaries) designated by the member in
the amount or amounts computed as if the member had retired under the
option on the date on which his death occurred.
|
|
|
|
 |
|
|
|
|
(f)
A retiree may not change his retirement option after the date of
cashing or depositing his first retirement check.
|
|
|
|
 |
|
|
|
|
(g)
Notwithstanding anything herein to the contrary, the board in its
discretion, may elect to make a lump sum payment to a member or a
member's beneficiary in the event that the monthly benefit amount is
less than one hundred dollars ($100.00) or the total commuted value of
the remaining monthly income payments to be paid do not exceed five
thousand dollars ($5,000.00). Any such payment made to any person
pursuant to the power and discretion conferred upon the board by the
preceding sentence shall operate as a complete discharge of all
obligations under the system with regard to such member and shall not be
subject to review by anyone, but shall be final, binding and conclusive
on all persons.
|
|
|
|
|
|
|
|
|
(Ord. No. 95-45, § 1, 9-26-95; Ord. No.
2000-27, § 10, 4-11-00) |
|
|
|
|