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Session Laws, 1989
Volume 771, Page 3079   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 479

THAT THE DEATH SO OCCURRED, THERE SHALL BE PAID TO THE
BENEFICIARIES SPECIFIED IN PARAGRAPH (2) OF THIS SUBSECTION:

(I)  THE ORDINARY DEATH BENEFIT AS PROVIDED IN
SUBSECTION (K) OF THIS SECTION; OR

(II)  A SPECIAL RETIREMENT ALLOWANCE COMPUTED AS
50 PERCENT OF THE ORDINARY DISABILITY RETIREMENT ALLOWANCE
PROVIDED FOR IN SUBSECTION (G) OF THIS SECTION.

(2) THE DEATH BENEFIT SHALL BE PAID TO:

(I)  THE SURVIVING SPOUSE, IF ANY; OR

(II)   IF THERE IS NO SURVIVING SPOUSE, TO ANY
CHILDREN OF THE DECEASED UNDER THE AGE OF 18 YEARS, DIVIDED IN A
MANNER AS THE BOARD OF TRUSTEES DETERMINES.

(M) UPON THE DEATH OF A MEMBER RETIRED ON A SERVICE
RETIREMENT ALLOWANCE WITH OR WITHOUT A SUPPLEMENTAL SERVICE
RETIREMENT ALLOWANCE, AN ORDINARY DISABILITY RETIREMENT
ALLOWANCE, OR AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE:

(1)  THERE SHALL BE PAID TO THE SURVIVING SPOUSE, IF
ANY, ONE-HALF OF THE DECEASED MEMBER'S RETIREMENT ALLOWANCE; OR

(2)  IF THERE IS NO ELIGIBLE SURVIVING SPOUSE, OR IF
AN ELIGIBLE SURVIVING SPOUSE DIES BEFORE THE YOUNGEST CHILD OF
THE DECEASED MEMBER IS 18 YEARS OLD, THEN ONE-HALF OF THE
DECEASED MEMBER'S RETIREMENT ALLOWANCE SHALL BE PAID TO ANY
CHILDREN, UNDER 18 YEARS OLD, DIVIDED IN A MANNER AS THE BOARD OF
TRUSTEES DETERMINES, TO CONTINUE AS A JOINT AND SURVIVORSHIP
PENSION FOR THE BENEFIT OF THE CHILDREN UNDER 18 YEARS OLD UNTIL
EVERY CHILD DIES OR BECOMES 18 YEARS OLD.

(N) ANY ALLOWANCE PROVIDED FOR IN THIS SECTION SHALL BE
REDUCED BY THE AMOUNT OF ANY WORKERS' COMPENSATION BENEFITS PAID
OR PAYABLE AFTER THE EFFECTIVE DATE OF RETIREMENT ON ACCOUNT OF
AN ACCIDENTAL PERSONAL INJURY OR OCCUPATIONAL DISEASE THAT ARISES
OUT OF AND IN THE COURSE OF THE RETIRED MEMBER'S EMPLOYMENT WITH
THE DEPARTMENT OF NATURAL RESOURCES, IF THE WORKERS' COMPENSATION
BENEFITS ARE PAID OR PAYABLE FOR A PERIOD DURING WHICH AN
ALLOWANCE IS PAID OR PAYABLE AND IF THE REDUCED ALLOWANCE IS NOT
LESS THAN THE MEMBER'S ANNUITY. THIS PROVISION APPLIES TO BOTH
THE RETIRED MEMBER AND ANY BENEFICIARY OF THE MEMBER.

(O) (1) ANY MEMBER WHOSE SERVICE IS TERMINATED OTHER THAN
BY DEATH OR RETIREMENT AFTER THE MEMBER HAS RENDERED 5 OR MORE
YEARS OF CREDITABLE SERVICE SHALL BE ELIGIBLE TO RECEIVE A VESTED
RETIREMENT ALLOWANCE. THE VESTED RETIREMENT ALLOWANCE SHALL BE A
DEFERRED RETIREMENT ALLOWANCE THAT BEGINS AT AGE 50 AND SHALL BE
COMPUTED AS A SERVICE RETIREMENT ALLOWANCE AS PROVIDED UNDER
SUBSECTION (D) OF THIS SECTION ON THE BASIS OF THE MEMBER'S

- 3079 -

 

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Session Laws, 1989
Volume 771, Page 3079   View pdf image
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