(a) Exempt employees. This section does not apply to employees hired on or after February 25, 2002 or to tier two employees in the Employees' Retirement Plan.
(b) Written notice of option. If, at the time of retirement, a participant does not have an eligible spouse or minor child, the participant may elect to receive pension benefits of actuarially equivalent value under the contingent annuitant option by filing written notice with the Personnel Officer prior to the retirement date.
(c) Fire Service Retirement Plan, Police Service Retirement Plan, Detention Officers' and Deputy Sheriffs' Retirement Plan. For the Fire Service Retirement Plan, the Police Service Retirement Plan, and the Detention Officers' and Deputy Sheriffs' Retirement Plan, if at the participant's retirement date, a contingent annuitant option election is in effect:
(1) the participant shall receive a reduced amount of pension benefits during the participant's lifetime; and
(2) following the participant's death, pension benefits shall be continued and paid for life to the participant's surviving contingent annuitant:
(i) in the same reduced amount, or 66 2/3% or 50% of the benefit as specified in the election; or
(ii) if the participant dies during the five-year period immediately following the participant's retirement date, in the same yearly amount as the pension benefits that would have been payable to the participant had there been no election of the contingent annuitant option.
(d) Employee's Retirement Plan. For the Employees' Retirement Plan, if at the participant's retirement date a contingent annuitant option is in effect, the participant shall receive a reduced amount of pension benefits during the participant's life time and, following the participant's death, pension benefits shall be continued and paid for life to the participant's surviving contingent annuitant in the same reduced amount or at 66 2/3% or 50% of the benefit as specified in the election.
(e) Death of participant or contingent annuitant. If either the participant or the contingent annuitant dies before the earlier of the participant's early retirement date or normal retirement date, the election of the contingent annuitant option shall be void. If the contingent annuitant dies on or after the participant's normal retirement date, but before the participant actually retires, the pension payable to the participant upon actual retirement shall be in the same amount as it would have been had there been no election of the contingent annuitant option.
(f) Same sex marriage to contingent annuitant. If a participant in the Fire Service Retirement Plan or the Police Service Retirement Plan retired before January 1, 2013, and elected the contingent annuitant option naming a member of the same sex as the contingent annuitant, resulting in a reduction of the participant’s pension benefit, and, on or after January 1, 2013, the participant married the named contingent annuitant, then:
(1) the participant’s pension benefit shall be restored to the full benefit; and
(2) the participant shall be entitled to a lump sum payment of the amount by which benefits were reduced between the date of retirement and January 1, 2023.
(1985 Code, Art. 7, § 1-408) (Bill No. 90-01; Bill No. 27-22)