Code of Alabama - Title 45: Local Laws - Section 45-49A-63.81 - Optional forms of payment

Section 45-49A-63.81 - Optional forms of payment.

(a) Any member entitled to a benefit under Section 45-49A-63.60, Section 45-49A-63.61, or subsection (a) of Section 45-49A-63.62 may elect to receive the benefit payable to him or her in one of the following optional forms:

(1) OPTION 1. A pension payable during the member's life only with no benefits payable upon his or her death.

(2) OPTION 2. A modified pension of equivalent actuarial value to his or her benefit determined under Option 1, payable during the member's life, and after his or her death payable at 50 percent or 100 percent, as the member may elect, of the rate of his or her modified pension during the life of, and to, his or her beneficiary.

(3) OPTION 3. A modified pension of equivalent actuarial value to his or her benefit determined under Option 1, payable during the member's life, and after his or her death payable at 50 percent or 100 percent, as the member may elect, of the rate of his or her modified pension during the life of, and to, his or her beneficiary; provided, however, if the member's beneficiary predeceases the member, the member shall thereafter receive 100 percent of his or her pension for the remainder of his or her life and no benefits shall be payable upon the member's death.

(b) If a member dies after his or her benefit payments have commenced, any payments continuing on to his or her beneficiary shall be distributed at least as rapidly as under the method of distribution being used as of the member's date of death.

(Act 97-689, p. 1379, § 6(5.02).)

Last modified: May 3, 2021