§ 5061 - Death benefit; post retirement
§ 5061. Death benefit; post retirement
The beneficiary of a member who dies after retirement shall receive at the member's death, a lump sum equal in amount to the difference between the member's accumulated contributions at the time of retirement and the sum of the annuity payments actually made to the member during his or her lifetime. However, if the member elected an option prior to the commencement of the benefit, the provisions thereof shall apply. Under all options, in the absence of a written designation of beneficiary, or in the event the designated beneficiary is deceased, the residual amount payable as a result of the death of the member after retirement shall be payable as follows:
(1) In the case of an open estate, to the administrator or executor.
(2) In the case of a closed estate and the residual amount payable is valued at less than $1,000.00, in accordance with the probate court decree of distribution.
(3) In the absence of an open estate or probate court decree of distribution, and the residual amount payable is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to section 551 of Title 14.
(4) In all other cases a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the residual amount payable. When an estate is opened solely to distribute the residual amount payable under this section, the probate court may waive any filing fees. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 2007, No. 13, § 43.)