(a) A member who continues in City service after the date he or she acquired ten years of credited service may, at any time prior to the effective date of his or her retirement, but not thereafter, elect Option A provided for in Section 296.23 in the same manner as if he or she were then retiring from service, and nominate a beneficiary whom the Retirement Board finds to be dependent upon such member for at least fifty percent of his or her support due to lack of financial means. Prior to the effective date of his or her retirement, a member may revoke such election of Option A and nomination of beneficiary, and he or she may again elect such Option A and nominate a beneficiary as provided in this subsection. Upon the death of a member who has an Option A election in force, his or her beneficiary, if living, shall immediately receive the same annuity to which such beneficiary would have been entitled if such member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained his or her voluntary retirement age. If a member has an Option A election in force at the time of his or her retirement, such election of Option A and nomination of beneficiary shall thereafter continue in force, unless prior to the effective date of his or her retirement he or she elects to receive his or her annuity as a straight life annuity or according to an option provided for in Section 296.23.
(b) In the case of a member who continues in City service after the date he or she acquires ten years of credited service, who does not have an Option A election in force as provided in subsection (a) hereof and who dies while in City service and leaves a spouse, such spouse shall immediately receive the same annuity to which he or she would have been entitled if such member had retired the day preceding the date of his or her death, notwithstanding that he or she might not have attained his or her voluntary retirement age; had elected Option A provided for in Section 296.23; and had nominated his or her spouse as beneficiary.
(1979 Code Sec. 2.80.210)