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Death benefits - 71 Pa. Cons. Stat. § 5707

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     § 5707.  Death benefits.
        (a)  Members eligible for annuities.--Any active member,
     inactive member on leave without pay or vestee who dies and was
     eligible for an annuity in accordance with section 5308(a) or
     (b) (relating to eligibility for annuities) or special vestee
     who has attained superannuation age and dies before applying for
     a superannuation annuity shall be considered as having applied
     for an annuity to become effective the day before his death and
     in the event he has not elected an option or such election has
     not been approved prior to his death, it shall be assumed that
     he elected Option 1.
        (b)  Members ineligible for annuities.--In the event of the
     death of a special vestee, an active member or an inactive
     member on leave without pay who is not entitled to a death
     benefit as provided in subsection (a), his designated
     beneficiary shall be paid the full amount of his total
     accumulated deductions.
        (c)  Disability annuitants eligible for withdrawal annuity.--
     In the event of the death of a disability annuitant who has
     elected to receive a maximum disability annuity before he has
     received in annuity payments an amount equal to the present
     value, on the effective date of disability, of the benefits to
     which he would have been entitled under subsection (a) had he
     died while in State service, the balance of such amount shall be
     paid to his designated beneficiary.
        (d)  Disability annuitants ineligible for withdrawal
     annuity.--In the event of the death of a disability annuitant
     who was not entitled to receive benefits under subsection (a),
     his beneficiary shall be paid the excess of the sum of the
     regular and additional accumulated deductions standing to his
     credit on the effective date of disability over one-third of the
     total disability payments received.
        (e)  Annuitants electing maximum single life annuity.--In the
     event of the death of an annuitant who has elected to receive
     the maximum single life annuity before he has received in
     annuity payments the full amount of the total accumulated
     deductions standing to his credit on the effective date of
     retirement, the balance shall be paid to his designated
     beneficiary.
        (f)  Members subject to limitations under section 5702(c).--
     Subject to the limitations contained in section 401(a)(9) of the
     Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
     401(a)(9)), the present value of any annuity in excess of that
     payable under section 5702 (relating to maximum single life
     annuity) that is not subject to the limitations under section
     415(b) of the Internal Revenue Code of 1986 shall be paid in a
     lump sum to the beneficiary designated by the member after the
     death of the member. A beneficiary receiving a benefit under
     this subsection shall not be able to elect a payment method
     otherwise allowed under section 5709(b)(2) and (3) (relating to
     payment of benefits).
     (Oct. 7, 1975, P.L.348, No.101, eff. imd.; July 22, 1983,
     P.L.104, No.31, eff. imd.; June 13, 1985, P.L.40, No.19, eff.
     imd.; June 25, 1997, P.L.369, No.41, eff. imd.; May 17, 2001,
     P.L.26, No.9, eff. imd.)

        2001 Amendment.  Act 9 added subsec. (f).
        1997 Amendment.  Act 41 amended subsecs. (a) and (b). See
     section 6 of Act 41 in the appendix to this title for special
     provisions relating to limitation of special vestee status.
        1985 Amendment.  Act 19 amended subsec. (d).
        1975 Amendment.  Act 101 amended subsec. (c).
        Cross References.  Section 5707 is referred to in sections
     5709, 5907 of this title.

Last modified: November 27, 2007