Ala. Code § 12-17-227.6 (1975) [See Note] Payments From Plan; Optional Allowances; Replacement Beneficiaries

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.

(a) Should a member cease to be a district attorney except by death or by retirement under the provisions of this division, the contributions standing to the credit of his or her individual account in the fund shall be paid to him or her upon demand and, in addition to [such] the payment, there shall be paid five-tenths of the interest accumulations standing to the credit of his or her individual account if he or she shall have not less than three but less than 16 years of membership service, six-tenths of [such] the interest accumulations if he or she shall have not less than 16 but less than 21 years of membership service, seven-tenths of [such] the interest accumulations if he or she shall have not less than 21 but less than 26 years of membership service, and eight-tenths of [such] the interest accumulations if he or she shall have not less than 26 years of membership service.

(b) In case of the death of a member eligible for service retirement pursuant to Section 12-17-227.4, an allowance shall be paid to the surviving spouse, if designated as the sole beneficiary, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 2, as set forth in subsection (d), or to such other person who the member shall have designated, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 3, as set forth in subsection (d) [or, alternatively,]. Alternatively, if the surviving spouse or other designee desires, he or she may choose to receive, in lieu of the allowance provided under Option 2 or Option 3, the accumulated contributions of the member plus an amount equal to the accumulated contributions of the member not to exceed [$5,000.00] five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section <codecitation statecd="AL" sessionyear="2023" datatype="S" catchline="Payment of benefits; amount; "in-service" defined">36-27B-3</codecitation> if a benefit is payable under [such] that section.</subsect>

(c) Upon the death of a member on account of whom no survivor allowance is payable under subsection (b), the accumulated contributions of the member plus an amount equal to the accumulated contributions not to exceed [$5,000] five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section <codecitation statecd="AL" sessionyear="2023" datatype="S" catchline="Payment of benefits; amount; "in-service" defined">36-27B-3</codecitation> if a benefit is payable under [such] that section shall be paid to his or her estate or to such person as he or she shall have nominated by written designation duly executed and filed with the Board of Control.</subsect>