HARRY HUGHES, Governor

101

(C) IF A DISABILITY BENEFICIARY UNDER THE AGE
OF 62 IS RESTORED TO ACTIVE SERVICE AND IF HIS ANNUAL
COMPENSATION THEN OR AT ANY TIME BEFORE HE BECOMES 62 YEARS
OLD IS EQUAL TO OR GREATER THAN HIS AVERAGE FINAL
COMPENSATION AT RETIREMENT, HIS ALLOWANCE SHALL CEASE, HE
SHALL BECOME A MEMBER OF THIS PENSION SYSTEM AGAIN.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS SUBTITLE, ALL
ELIGIBILITY AND CREDITABLE SERVICE PREVIOUSLY EARNED SHALL
BE RESTORED, AND IN ADDITION, ON HIS SUBSEQUENT RETIREMENT,
HE SHALL BE CREDITED WITH ALL THE SERVICE AS A MEMBER
CREDITABLE TO HIM AT THE TIME OF RETIREMENT. HOWEVER, IF HE
IS RESTORED TO MEMBERSHIP AFTER HE IS 50 YEARS OLD, HIS
PENSION ON SUBSEQUENT RETIREMENT MAY NOT EXCEED THE PENSION
THAT HE WAS RECEIVING IMMEDIATELY BEFORE HIS LAST
RESTORATION TO MEMBERSHIP AND THE PENSION THAT MAY HAVE
ACCRUED TO HIM AS A NEW MEMBER ON ACCOUNT OF SERVICE SINCE
HIS LAST RESTORATION TO MEMBERSHIP, PROVIDED THAT THE TOTAL
PENSION ON HIS SUBSEQUENT RETIREMENT DOES NOT EXCEED THE
RATE PERCENT HE WOULD HAVE RECEIVED HAD HE REMAINED IN
SERVICE DURING THE PERIOD OF HIS PRIOR RETIREMENT.

(10) (A) ON THE RECEIPT OF PROPER PROOFS OF THE
DEATH OF A MEMBER IN SERVICE, AND IF A BENEFIT IS NOT
PAYABLE UNDER PARAGRAPH (C) OF THIS SUBSECTION, THE MEMBER'S
PERSONAL REPRESENTATIVE OR THE PERSON THE MEMBER HAS
NOMINATED BY WRITTEN DESIGNATION EXECUTED AND FILED WITH THE
BOARD OF TRUSTEES SHALL BE PAID:

(I)   THE MEMBER'S ACCUMULATED
CONTRIBUTIONS; AND

(II)  IF THE MEMBER HAS 1 OR MORE YEARS OF
ELIGIBILITY SERVICE, OR DIES IN THE PERFORMANCE OF DUTY, AN
AMOUNT EQUAL TO THE MEMBER'S ANNUAL EARNABLE COMPENSATION AT
THE TIME OF DEATH.

(B)   THE BOARD OF TRUSTEES MAY TAKE THE STEPS
NECESSARY TO PROVIDE THE DEATH BENEFIT UNDER THIS SUBSECTION
IN THE FORM OF GROUP LIFE INSURANCE, IF, IN THE OPINION OF
THE BOARD OF TRUSTEES, THAT PROVISION WOULD ALLOW A MORE
FAVORABLE TAX TREATMENT OF THE BENEFIT TO THE BENEFICIARIES.

(C)   IF THE MEMBER AT THE TIME OF HIS DEATH WAS
AT LEAST 55 YEARS OLD AND HAD COMPLETED 15 YEARS OF
ELIGIBILITY SERVICE OR WAS 62 YEARS OLD OR OLDER AND, IN
EITHER EVENT, HAD NOMINATED HIS SURVIVING SPOUSE AS THE SOLE
PRIMARY BENEFICIARY TO WHOM THE DEATH BENEFIT UNDER
PARAGRAPH (A) OF THIS SECTION WOULD BE PAID, THE SURVIVING
SPOUSE MAY ELECT TO RECEIVE, INSTEAD OF A LUMP SUM DEATH
BENEFIT, AN ALLOWANCE EQUAL TO THE ALLOWANCE WHICH SHE WOULD
HAVE RECEIVED HAD THE MEMBER:

(I)   BEEN ELIGIBLE TO RETIRE;

(II)  RETIRED 30 DAYS BEFORE HIS DEATH; AND