AL Code § 45-49A-63.63 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 49A - Mobile County Municipalities.|Article 6 - Mobile.|Part 4 - Policemen's and Firemen's Pension and Relief System.|Division 4 - Eligibility for and Amount of Benefits.|Section 45-49A-63.63 - Death.

Section 45-49A-63.63Death. (a) If a member eligible for a retirement benefit under Section 45-49A-63.60 or a member eligible for a benefit under subsection (a) of Section 45-49A-63.62 dies prior to his or her annuity starting date, his or her eligible family members shall receive a benefit equal to the greater of (i) the benefit they would have received had the member met the requirements of Section 45-49A-63.60 or subsection (a) of Section 45-49A-63.62 of the plan, as the case may be, retired, or terminated employment on the day preceding his or her death and begun to receive his or her benefit in accordance with the 50 percent survivor's benefit in Option 2 of Section 45-49A-63.81 or (ii) a single sum equal to the lesser of (A) twice the member's contributions to the plan under Section 45-49A-63.102 or (B) the sum of the member's contributions to the plan under Section 45-49A-63.102 plus five thousand dollars ($5,000). The benefit in clause (i) shall be converted to a single sum of equivalent actuarial value for purposes of determining the greater benefit. Solely for purposes of this subsection, a member's eligible family members shall be his or her spouse if he or she is married at the date of his or her death or, if he or she is not married, his or her children under the age of 18. Benefits under clause (i) will be paid for the eligible family member's life in the case of a spouse or until the children reach age 18; provided, however, if an unmarried child is mentally or physically disabled and depends on another person for his or her support, payments shall continue until the earlier of the date the child ceases to be dependent on another person for support, the child's marriage, or the child's death. If benefits are paid to a member's children under this subsection, for purposes of determining the amount to be paid to each child, each child will be treated as a joint annuitant, each child will receive a benefit until he or she reaches age 18 or dies, if earlier, and each child will receive a benefit of equivalent actuarial value. (b) If a member described in subsection (a) who is not survived by an eligible family member or any other member not described in subsection (a), dies prior to receiving a benefit under Section 45-49A-63.60 or Section 45-49A-63.62, as the case may be, an amount equal to the lesser of (i) twice the member's contributions to the plan under Section 45-49A-63.102 or (ii) the sum of the member’s contributions to the plan under Section 45-49A-63.102 plus five thousand dollars ($5,000) shall be paid to the member’s beneficiary. (c) Any benefits paid under this section shall be paid as soon as practicable following the member's death. (d) If a member dies after his or her annuity starting date, his or her beneficiary shall receive the benefits, if any, provided by the form in which his or her benefit is paid.  (Act 97-689, p. 1379, §5(4.04); Act 2001-518, p. 922, §1.)