AL Code § 45-37A-51.228 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 37A - Jefferson County Municipalities.|Article 5 - Birmingham.|Part 2 - Employees.|Part 2 - Retirement and Relief System.|Division 6 - Benefits.|Section 45-37A-51.228 - Survivor's Benefits.

Section 45-37A-51.228Survivor's benefits. (a) Effective July 1, 2002, in the event of the death of a retiree or participant who, on the date of his or her death was eligible for voluntary retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was entitled to receive prior to his or her death or which the participant would have been entitled to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60 percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant who at the time of his or her death was not eligible for voluntary retirement under Section 45-37A-51.220, but who prior to death had five or more years of creditable time, there may be payable at the option of the survivors and to the exclusion of any other death benefits provided for in this subpart or in any other pension system applicable to the city an optional survivor's benefit according to the schedule of percentages hereinbelow set forth. For the purpose of this subsection, the optional survivor's benefit shall be 60 percent of the applicable percentage of salary of the deceased retiree's or participant's final average salary, figured as of the date of death instead of the date of retirement, multiplied by his or her years of creditable time and multiplied by the percentage rate applicable to the decedent's completed years of credited service as shown in the schedule of percentages as follows: a. Prior to July 1, 2002, the percentage rate, effective to survivors, applicable to decedent's completed years prior to July 1, 2002, credited service: Credited service, 10 years = 50 percent; 11 years = 60 percent; 12 years = 70 percent; 13 years = 80 percent; 14 years = 90 percent; and 15 or more years = 100 percent. The surviving spouse and children of any firefighter or police officer who is a member of the Firemen's and Policemen's Supplemental Pension System applicable to the city and is employed by the city at the time of his or her death shall not be entitled to any benefit under this subsection. b. The percentage rate, effective to survivors, applicable to decedent's completed years after July 1, 2002, credited service: Credited service, five years = 50 percent; six years = 60 percent; seven years = 70 percent; eight years = 80 percent; nine years = 90 percent; and 10 or more years = 100 percent. The surviving spouse and children of any firefighter or police officer who is a member of the Firemen's and Policemen's Supplemental Pension System applicable to the city and is employed by the city at the time of his or her death shall not be entitled to any benefit under this subsection. c. Notwithstanding anything to the contrary contained in this section, for all participants who first become participants on or after July 1, 2017, upon the death of any retiree or participant who at the time of his or her death was not eligible for voluntary retirement under Section 45-37A-51.220, but who prior to death had 10 or more years of creditable time, there may be payable at the option of the survivors and to the exclusion of any other death benefits provided for in this subpart or in any other pension system applicable to the city an optional survivor's benefit according to the schedule of percentages hereinbelow set forth. For the purpose of this subsection, the optional survivor's benefit shall be 60 percent of the applicable percentage of salary of the deceased retiree's or participant's final average salary, figured as of the date of death instead of the date of retirement, multiplied by his or her years of creditable time and multiplied by the percentage rate applicable to the decedent's completed years of credited service as shown in the schedule of percentages as follows: Notwithstanding anything to the contrary contained in this section, for all participants who first become participants on or after July 1, 2017, the percentage rate, effective to survivors, applicable to those decedents is as follows: Credited service, 10 years = 50 percent; 11 years = 60 percent; 12 years = 70 percent; 13 years = 80 percent; 14 years = 90 percent; and 15 or more years = 100 percent. The surviving spouse and children of any firefighter or police officer who is a member of the Firemen's and Policemen's Supplemental Pension System applicable to the city and is employed by the city at the time of his or her death shall not be entitled to any benefit under this subsection. (2)a. The optional survivor's benefit provided for under subdivision (1) may only accrue and be payable to the benefit of a survivor or survivors from the date on which the deceased retiree or participant would have attained age 60 had he or she lived, or from the date on which such person would have earned 20 years of creditable time had he or she lived and continued in the employment of the city, whichever date comes first. In order to obtain the benefit, a written request therefor shall be submitted by or on the behalf of an eligible survivor to the custodian of the fund within 180 days after date of the death of the retiree or participant. The written request may be made on behalf of surviving minor children as provided in Section 45-37A-51.229. Any eligible survivor failing to submit written request within the required time shall be barred from any right to claim or to receive the optional survivor's benefit. Such failure to submit the written request on behalf of eligible surviving minor or minors by their legal guardian or custodian as provided in Section 45-37A-51.229 shall likewise bar such minor from claiming or receiving the optional survivor's benefit. b. Notwithstanding anything to the contrary contained in subsection (a), for all participants who first become participants on or after July 1, 2017, the optional survivor's benefit provided for under subdivision (1) may only accrue and be payable to the benefit of a survivor or survivors from the date on which the deceased retiree or participant would have attained age 62 had he or she lived, or from the date on which such person would have earned 20 years of creditable time had he or she lived and continued in the employment of the city, whichever date comes first. In order to obtain the benefit, a written request shall be submitted by or on the behalf of an eligible survivor to the custodian of the fund within 180 days after date of the death of the retiree or participant. The written request may be made on behalf of surviving minor children as provided in Section 45-37A-51.229. Any eligible survivor failing to submit a written request within the required time shall be barred from any right to claim or to receive the optional survivor's benefit. The failure to submit the written request on behalf of an eligible surviving minor or minors by their legal guardian or custodian as provided in Section 45-37A-51.229 shall likewise bar the minor from claiming or receiving the optional survivor's benefit. (3)a. Upon the submission of a written request for optional survivor's benefit, as provided in subdivision (2), the contributions of the deceased paid into the fund shall remain therein, any provisions of other sections of this subpart to the contrary notwithstanding, regardless of whether any or all of the deceased's eligible survivors die before receiving any payment of benefits. The surviving spouse may revoke any written request by giving written notice thereof to the custodian at any time prior to a benefit payment being made pursuant to such request and thereby the eligible survivor has made such request and a benefit payment has been made pursuant thereto none of the decedent's contributions paid into the fund shall be withdrawn therefrom or paid to any survivor as a return of contributions or for any other purpose. b. A survivor to whom a benefit payment has been made under this subsection shall not thereafter be entitled to any survivor's benefit or death benefit under any other provisions of this or other pension systems applicable to the city and further, a survivor to whom a survivor's benefit or death benefit payment has been made under any other provisions of this subpart or under any other pension system applicable to the city shall not thereafter be entitled to any benefits under this subsection. (c) Notwithstanding anything to the contrary contained in this section, for all participants who first become participants on or after July 1, 2021, upon the retirement of any legally married participant, prior to payment of any retirement benefit and in accordance with procedures established by the city, the participant shall elect to either: a. Provide a monthly spousal survivor's benefit upon the participant's death; or b. receive an unreduced monthly retirement benefit. (1) If a legally married participant elects to provide a spousal survivor's benefit upon the participant's death, then upon the participant's death: a. The monthly spousal survivor's benefit shall be equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was entitled to receive prior to his or her death or which the participant would have been entitled to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her death; and b. the monthly retirement benefit payable to the participant during his or her life shall be reduced to reflect the spousal survivor's benefit on an actuarially equivalent basis pursuant to certain actuarial factors adopted by the board. (2) If a legally married participant elects to receive an unreduced monthly retirement benefit, then upon the participant's death, no monthly spousal survivor's benefit will be payable, and the monthly retirement benefit payable to the participant during his or her life will not be reduced to reflect any spousal survivor's benefit. To effect a participant's election to receive an unreduced monthly retirement benefit, the participant's spouse, at the time of the participant's election, shall agree to the participant's election and waive any spousal survivor's benefits in accordance with procedures established by the city. (d) Notwithstanding anything contained in this section, for all participants who first become participants prior to July 1, 2021, the minimum survivor's benefit payable to the spouse of the deceased retiree shall be three hundred twenty dollars ($320) per month under the conditions provided in Section 45-37A-51.229. (Act 2006-339, p. 851, Art. VI, §10; Act 2017-251, §1; Act 2021-245, §1.)