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Notwithstanding any other provision of law to the contrary, no beneficiary shall be permitted to change any optional selection after it has become effective, provided, however, that if:
(a) a retired member nominates the spouse of such member as the survivor beneficiary under option two or three of section 13-369 of the code, or if a retired member nominates the spouse of such member under option four of such section to receive payment of an annual benefit as a survivor; and
(b) such person so nominated ceases by causes other than death to be his or her spouse or is divorced from or separated pursuant to a judicial decree from such spouse, then the board of trustees shall have the authority to permit the change of the optional benefit to the maximum benefit that is the actuarial equivalent by and with the consent of all parties.
a. Subject to the provisions of subdivision c of this section, until the first payment on account of any benefit is made, except pursuant to the provisions of subdivision d of this section any beneficiary who was an improved benefits plan member at the time of his or her retirement, or, if such beneficiary is an incompetent, then the spouse or such beneficiary, or, if there be no spouse, a committee of the estate, may elect to receive such benefit in a retirement allowance payable throughout life, or any such beneficiary or the spouse or committee so electing may then elect to receive the actuarial equivalent at the time of his or her annuity, his or her pension, or his or her retirement allowance in a lesser annuity or a lesser pension or a lesser retirement allowance, payable throughout life with the provision that: Option 1. If he or she die before he or she has received in payments the present value of his or her annuity, his or her pension, or his or her retirement allowance, as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board. Option 2. Upon his or her death, his or her annuity, his or her pension, or his or her retirement allowance, shall be continued throughout the life of and paid to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board at the time of his or her retirement. Option 3. Upon his or her death, one-half of his or her annuity, his or her pension, or his or her retirement allowance, shall be continued throughout the life of and paid to such person as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate by written designation duly acknowledged and filed with the board at the time of his or her retirement. Option 4. Upon his or her death, some other benefit or benefits shall be paid to such other person or persons as such beneficiary, or the spouse or committee so electing, has nominated or shall nominate, provided such other benefit or benefits, together with such lesser annuity, or lesser pension or lesser retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her annuity, his or her pension or his or her retirement allowance, and shall be approved by such board.
b. For purposes of this section, the terms "pension" and "retirement allowance" shall be deemed to include the pension-providing-for-increased-take-home-pay, if any.
c. In the case of an improved benefits plan member subject to article eleven (as defined in subdivision four-j of section 13-313 of this subchapter) or any beneficiary who was an improved benefits plan member subject to article eleven at the time of such member's retirement, the provisions of subdivisions a and b of this section shall apply except to the extent and in the manner that any such provision is modified by article eleven.
d. If a member who is otherwise eligible for retirement pursuant to this section dies within thirty days after the filing with the pension board of the application for retirement pursuant to this section and it is established that the physical or mental impairment or incapacitation of the applicant specified in such application was directly related to the cause of the applicant's death, such application shall be approved by the pension board effective one day before the date of the applicant's death, provided however that:
(1) if a member is entitled to an ordinary disability retirement allowance under the provisions of this subchapter, the benefits provided pursuant to section 13-352 of this subchapter shall be payable unless the member would otherwise be entitled to a greater benefit pursuant to section 13-346 of this subchapter, in which event the greater benefit shall be payable; or
(2) if a member is entitled to an accidental disability retirement allowance under the provisions of this subchapter, the benefits provided pursuant to section 13-353 of this subchapter shall be payable unless the member would otherwise be entitled to a greater benefit pursuant to section 13-348 of this subchapter, in which event the greater benefit shall be payable.
e. Notwithstanding any law to the contrary, for the purpose of electing an option pursuant to this section, the pension board shall notify the surviving spouse of any applicant described in subdivision d of this section, or, if no such spouse exists, the personal representative of the estate of such applicant of the right of election pursuant to this section and such surviving spouse or personal representative of such estate may elect any such option within thirty days after receipt of such notice.
Notwithstanding any other provision of law to the contrary, no beneficiary shall be permitted to change any optional selection after it has become effective, provided, however, that if:
(a) a retired member nominates the spouse of such member as the survivor beneficiary under option two or three of section 13-370 of the code, or if a retired member nominates the spouse of such member under option four of such section to receive payment of an annual benefit as a survivor; and
(b) such person so nominated ceases by causes other than death to be his or her spouse or is divorced from or separated pursuant to a judicial decree from such spouse, then the board of trustees shall have the authority to permit the change of the optional benefit to the maximum benefit that is the actuarial equivalent by and with the consent of all parties.
a. (1) Should a beneficiary receiving or entitled to receive a retirement allowance under the provisions of section 13-349, or 3-350 of this subchapter, who was an original plan member at the time of his or her last retirement, re-enter city-service, his or her retirement allowance shall cease. In the case of any such beneficiary who re-enters city-service (other than as fire commissioner or deputy fire commissioner), he or she shall again become a member of the fund as an original plan member, and in the case of any such beneficiary who re-enters city-service by reason of being appointed fire commissioner or deputy fire commissioner, he or she shall again become a member of the fund as an original plan member and, subject to the provisions of paragraph two of this subdivision shall remain such a member while serving as fire commissioner or deputy fire commissioner, and an amount equal to the retirement allowance reserve of any such member shall be transferred to the contingent reserve fund.
(2) Where any beneficiary who again becomes a member as provided for in paragraph one of this subdivision a elects to become an improved benefits plan member pursuant to the applicable provisions of section 13-315 of this subchapter:
(i) he or she shall, if he or she became an original plan member not subject to article eleven (as defined in subdivision four-c of section 13-313 of this subchapter) upon such restoration of membership, be from the effective date of such election an improved benefits plan member not subject to article eleven (as defined in subdivision four-i of such section 13-313); and
(ii) he or she shall, if he or she became an original plan member subject to article eleven (as defined in subdivision four-d of such section 13-313) upon such restoration of membership, be from the effective date of such election an improved benefits plan member subject to article eleven (as defined in subdivision four-j of such section 13-313).
(3) On and after the effective date of such election, his or her rights, privileges, benefits and obligations, as such restored improved benefits plan member, shall be governed by the provisions of section 13-372 of this subchapter.
b. (1) Subject to the applicable provisions of paragraphs five and six of this subdivision b, in any case where any such beneficiary who is appointed fire commissioner or deputy fire commissioner, subsequently retires while fire commissioner or deputy fire commissioner and without having elected to become an improved benefits plan member pursuant to the applicable provisions of section 13-315 of this subchapter, he or she shall receive the retirement allowance, if any, which he or she was receiving or entitled to receive immediately prior to his or her appointment as fire commissioner or deputy fire commissioner and in addition, a further retirement allowance as provided for by the applicable provisions of paragraph two or paragraph three of this subdivision b.
(2) If such appointee is an original plan member not subject to article eleven at the time of such retirement as fire commissioner or deputy fire commissioner, he or she shall receive a further retirement allowance of one-sixtieth of his or her average annual salary earned during his or her credited service as fire commissioner or deputy fire commissioner, multiplied by the number of years of his or her credited service as fire commissioner or deputy fire commissioner.
(3) If such appointee is an original plan member subject to article eleven at the time of such retirement as fire commissioner or deputy fire commissioner, he or she shall receive a further retirement allowance determined pursuant to the provisions of paragraph two of this subdivision b, except to the extent and in the manner that any such provision is modified by article eleven.
(4) The further retirement allowance payable to such appointee as prescribed by the applicable provisions of paragraph two or paragraph three of this subdivision shall be payable in such form as he or she shall select under section 13-369 of this subchapter.
(5) Subject to the provisions of paragraph six of this subdivision, where any beneficiary who is appointed fire commissioner or deputy fire commissioner shall have earned at least three years of member credit for service as fire commissioner or deputy fire commissioner, the total service credit to which he or she was entitled at the time of his or her earlier retirement may, at his or her election, again be credited to him or her and upon his or her subsequent retirement as fire commissioner or deputy fire commissioner, he or she shall be credited in addition with all service as fire commissioner or deputy fire commissioner.
(6) Such total service credit to which such fire commissioner or deputy fire commissioner was entitled at the time of his or her earlier retirement shall be credited as provided in paragraph five of this subdivision b only in the event that he or she returns to the pension fund with regular interest the actuarial equivalent of the amount of the retirement allowance he or she received; provided, however, that in the event that such amount is not so repaid, the actuarial equivalent thereof shall be deducted from his or her subsequent retirement allowance.
c. During restoration to service for the city, other than city-service as defined in this subchapter, in lieu of suspension of any benefits payable in the event of his or her death by reason of any optional selection in respect to his or her retirement allowance, a beneficiary who was an original plan member at the time of his or her last retirement prior to his or her last restoration to city-service may pay to the fund from which his or her ordinary retirement allowance was payable, the amount by which his or her ordinary retirement allowance exceeded the optional retirement allowance theretofore granted to him or her, in which event such optional benefit shall continue and be payable in the event of his or her death as though no payment were suspended.
a. (1) Should a beneficiary receiving or entitled to receive a retirement allowance under the provisions of section 13-349 or 13-350 of this subchapter, and who was an improved benefits plan member at the time of his or her last retirement, re-enter city-service, his or her retirement allowance and his or her pension-providing-for-increased-take-home-pay, if any, shall cease.
(2) If he or she had not served the period of service elected by him or her, he or she shall again become a member of the pension fund as an improved benefits plan member. Except as otherwise provided in paragraph three of this subdivision a, if he or she has served the minimum period of service elected by him or her, he or she may file a duly executed and acknowledged application therefor within ninety days after his or her return to service and thereupon again become a member of such fund as an improved benefits plan member.
(3) In the case of any such beneficiary who is appointed fire commissioner or a deputy fire commissioner, he or she shall again become a member of the pension fund as an improved benefits plan member and shall remain such a member while serving as fire commissioner or deputy fire commissioner.
(4) The annuity reserve of any such member whose membership is restored as above provided in this section shall be transferred to his or her credit in the annuity savings fund, and he or she shall contribute to such fund as if he or she were a new entrant.
(5) Upon the subsequent retirement of any such member whose membership is restored as above provided in this section and who, as such restored member, is an improved benefits plan member not subject to article eleven (as defined in subdivision four-i of section 13-313 of this subchapter), he or she shall be credited with all of his or her service as a member subsequent to his or her last restoration to membership and shall receive a retirement allowance therefor as if he or she were a new entrant, which retirement allowance shall be determined pursuant to the applicable provisions of this subchapter governing the granting of such a retirement allowance to an improved benefits plan member not subject to article eleven.
(6) Where any such member whose membership is restored as above provided in this section is, as such restored member, an improved benefits plan member subject to article eleven (as defined in subdivision four-j of such section 13-313), he or she shall, upon his or her subsequent retirement, be credited with all of his or her service as a member subsequent to his or her last restoration to membership and shall receive a retirement allowance therefor as if he or she were a new entrant, which retirement allowance shall be determined pursuant to the applicable provisions of this subchapter governing the granting of such a retirement allowance to an improved benefits plan member subject to article eleven.
(7) A retirement allowance determined pursuant to the applicable provisions of subdivision five or subdivision six of this section shall be payable in such form as such member entitled thereto shall select under section 13-370 of this subchapter.
(8) In lieu of suspension during restoration to city-service of any benefits payable in the event of his or her death by reason of any optional selection in respect to his or her pension and the pension-providing-for-increased-take-home-pay, if any, a beneficiary who was an improved benefits plan member at the time of his or her last retirement prior to his or her last restoration to city-service may pay to the fund or funds from which his or her ordinary pension and his or her pension-providing-for-increased-take-home-pay, if any, were payable, the amount by which his or her ordinary pension and the pension-providing-for-increased-take-home-pay, if any, exceeded the optional pension and the pension-providing-for-increased-take-home-pay, if any, heretofore granted to him or her, in which event such optional benefit shall continue and be payable in the event of his or her death as though no payment were suspended.
(9) In addition, upon his or her subsequent retirement, any such member who again becomes a member as an improved benefits plan member under the applicable provisions of paragraphs one, two, three and four of this subdivision shall receive the pension and the pension-providing-for-increased-take-home-pay, if any, which he or she was receiving or entitled to receive immediately prior to his or her last restoration.
(i) Subject to the provisions of subparagraph (iv) of this paragraph ten, the termination of his or her earlier retirement allowance, as provided for by such section 13-371 shall not be affected by such election and shall continue in effect while such member remains in city-service.
(ii) The accumulated contributions of such member as an original plan member shall remain in the retirement allowance reserve fund and shall not be transferred to his or her credit in the annuity savings fund. On and after the effective date of his or her election to become an improved benefits plan member, he or she shall contribute to the pension fund as if he or she were a new entrant as an improved benefits plan member.
(iii) Upon the subsequent retirement of any such member who, as a restored member, is an improved benefits plan member by reason of such election, he or she shall be credited with all of his or her service as a member subsequent to his or her last restoration to membership and he or she shall receive a retirement allowance therefor determined pursuant to the applicable provisions of paragraph five or paragraph six of this subdivision, which retirement allowance shall be payable in such form as he or she shall select under section 13-370 of this subchapter.
(iv) Upon becoming entitled to a retirement allowance as provided for by subparagraph (iii) of this paragraph, he or she shall receive, in addition to such retirement allowance, the retirement allowance, if any, which he or she was receiving or entitled to receive as an original plan retiree immediately prior to his or her last restoration.
b. (1) Subject to the provisions of paragraphs two and three of this subdivision b:
(i) where any beneficiary mentioned in subdivision a of this section, other than a beneficiary serving as fire commissioner or deputy fire commissioner, shall have earned at least five years of member credit for service in the uniformed force of the fire department after restoration to active service; and
(ii) where any beneficiary serving as fire commissioner or deputy fire commissioner shall have earned at least three years of member credit for service during restoration to membership pursuant to this section; the total service credit to which any such restored member above referred to in this paragraph one was entitled at the time of his or her earlier retirement may, at his or her election, again be credited to him or her and upon his or her subsequent retirement he or she shall be credited in addition with all member service earned by him or her subsequent to his or her last restoration to membership.
(2) Such total service credit to which any such restored member referred to in paragraph one of this subdivision b was entitled at the time of his or her earlier retirement shall be credited as provided in such paragraph one only in the event that he or she returns to the pension fund with regular interest the actuarial equivalent of the amount of the retirement allowance he or she received; provided, however, that in the event that such amount is not so repaid, the actuarial equivalent thereof shall be deducted from his or her subsequent retirement allowance.
(3) In any case where any restored member who is eligible for and elects the crediting of his or her total service credit (to which he or she was entitled at the time of his or her earlier retirement) pursuant to the provisions of paragraphs one and two of this subdivision b became an improved benefits plan member by election made pursuant to the provisions of section 13-315 of this subchapter after his or her restoration to membership, he or she shall, upon his or her subsequent retirement, receive for such total service credit a retirement allowance determined pursuant to the provisions of section 13-359 of this subchapter, and he or she shall not receive any other retirement allowance or benefit for such total service credit.
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