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Sec. 23-91. Distribution of
benefits. |
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Notwithstanding any other
provision of this system to the contrary, a form of retirement income
payable from this system after the effective date of this article, shall
satisfy the following conditions:
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(1)
If the retirement income is payable before the member's death,
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a.
It shall either be distributed or commence to the member not later
than April 1 of the calendar year following the later of the calendar
year in which the member attains age seventy and one-half (70 1/2), or
the calendar year in which the member retires;
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b.
The distribution shall commence not later than the calendar year
defined above; and a), shall be paid over the life of the member or over
the lifetimes of the member and spouse, issue or dependent, or b), shall
be paid over the period extending not beyond the life expectancy of the
member and spouse, issue or dependent.
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Where a form of
retirement income payment has commenced in accordance with the preceding
paragraphs and the member dies before his entire interest in the system
has been distributed, the remaining portion of such interest in the
system shall be distributed no less rapidly than under the form of
distribution in effect at the time of the member's death.
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(2)
If the member's death occurs before the distribution of his
interest in the system has commenced, member's entire interest in the
system shall be distributed within five (5) years of the member's death,
unless it is to be distributed in accordance with the following rules:
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a.
The member's remaining interest in the system is payable to his
spouse, issue or dependent;
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b.
The remaining interest is to be distributed over the life of the
spouse, issue or dependent or over a period not extending beyond the
life expectancy of the spouse, issue or dependent; and
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c.
Such distribution begins within one year of the member's death
unless the member's spouse shall receive the remaining interest in which
case the distribution need not begin before the date on which the member
would have attained age seventy and one-half (70 1/2) and if the spouse
dies before the distribution to the spouse begins, this section shall be
applied as if the spouse were the member.
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(Ord. No. 95-45, § 1, 9-26-95; Ord. No.
2000-27, § 15, 4-11-00) |
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