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Resolution
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(4) If the legislator elects to join the Legislative Pension Plan, the member shall be
credited with membership service credit during the period the retiree is a member of the General
Assembly.
16. Benefit - Death of member with at least 8 years of service.
(a) Application of section. This section applies only on the death of a member who has at
least 8 years of creditable service.
(b) Lump-sum death benefit.
(1) Except as provided in subsection (c) of this section, on the death or a member, the
Board of Trustees shall pay to the member's surviving spouse, or if there is no surviving spouse, to
the member's designated beneficiary or beneficiaries a lump-sum death benefit consisting of the sum
of:
(i) The member's accumulated contributions; and
(ii) An amount equal to the member's annual salary, if any, at the time of
death.
(2) If a member has designated more than one beneficiary, the lump-sum death benefit
provided in paragraph (1) of this subsection shall be divided equally among the beneficiaries.
(c) Election to receive survivor allowance.
(1) Instead of the lump-sum death benefit payable under subsection (b) of this section,
the member's surviving spouse or if the member is not survived by a spouse, the designated
beneficiary may elect to receive a survivor allowance equal to one-half of the retirement allowance
that would be payable to the member if the member were living and eligible to receive a retirement
allowance. The Board of Trustees shall pay the survivor allowance:
(i) To the member's surviving spouse for life, commencing on the date of the
member's death; or
(ii) If there is no surviving spouse, to the designated beneficiary for life,
commencing:
1. On the member's death, if the designated beneficiary is then at least
age 60;
2. On the designated beneficiary attaining age 60, if the designated
beneficiary has not attained 60 years of age on the member's death; or
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6085
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