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(1) Permissible designations. 131 Each member shall make an irrevocable designation of survivors upon retirement. The designation of a member's survivors must be in writing and on file with the Board. A member may designate only the following individuals:
(a) spouse or Life Partner;
(b) (.1) natural or adopted child or children of the member or a natural or adopted grandchild or grandchildren of the member, where the member had court ordered or court sanctioned physical and legal custody of the grandchild or grandchildren;
(.2) a trust for the benefit of a disabled natural child or a disabled adopted child of the member or for the benefit of a disabled natural or adopted grandchild of the member, where the member had court ordered or court sanctioned physical and legal custody of the grandchild, providing that the following conditions are met:
(.a) the beneficiary of the trust shall be irrevocable no later than the date of the retirement or death of the member, whichever occurs first;
(.b) The trust must be a valid trust under Pennsylvania law or would be but for the fact that there is no trust corpus;
(.c) the trust must be irrevocable;
(.d) the beneficiaries of the trust must be identifiable from the trust instrument;
(.e) a copy of the trust must be provided to the Pension Board within thirty (30) days of the date of the member's submission of the document designating the trust as a survivor; and
(.f) in the case of an annual benefit to be paid monthly "for life" under this Ordinance, the determining life shall be the lifetime of the irrevocable beneficiaries of the trust;
(c) parents or parent of the member;
(d) individuals who are specifically designated and who are within any of the following categories:
(.1) stepchild or foster child of the member; or
(.2) child of the member's Life Partner; or
(.3) child for whom the member stood in loco parentis; or
(.4) individual whom the member is legally obligated to support; or
(.5) a relative by blood or marriage or a relative of a Life Partner; or
(.6) any other person as designated by the employee.
(2) Death of designated survivor. 133 If all designated survivors of a member predecease the retired member, the member may, within one (1) year of the death of the last of such survivors, designate new survivors. In the event such redesignation is made, and if the retired member has chosen retirement benefit Option 2 or Option 3 under Section 22-306, an appropriate actuarial adjustment shall be made in the benefits of the retired member. A retired member of Plan D, Plan J, Plan A, Plan B or Plan X or a police or fire member of Plan '10 who had elected Option 4 or who had failed to make an election may not designate a new survivor. If such member rejects the option to redesignate survivors, or if one (1) year elapses without the member having exercised such option, an adjustment shall be made to the retired member's benefits to reflect the absence of a survivor. Effective the first day of the month following such retiree's written rejection of the option to redesignate, or the first day of the month following the expiration of the time period to redesignate, whichever date first occurs, such retired member's benefit will be redetermined as a benefit calculated as though the member had selected no survivorship benefit option. The option provided for in this subsection is subject to the following additional conditions:
(a) The option may be exercised one time only.
(b) If a retired member's last survivors duly designated under this Section die before the retired member, then, upon such retiree's death:
(.1) The unpaid balance of the retired member's contributions will be paid to the member's estate if the member retired under Option 1; and
(.2) No further benefits will be paid if the retired member retired under Option 2 or Option 3.
(c) Except as otherwise provided in this Title or this Code, the rights and benefits of a survivor will not be affected by the fact that the survivor may receive other compensation from the City in a different capacity.
Amended, Bill No. 000342 (approved January 23, 2001). Section 2 of Bill No. 000342 reads as follows: "Effective Date. This Ordinance shall be effective retroactively to January 13, 1999, except for amendments to Code Section 22-310, which shall be effective retroactively to June 28, 1999, and except that, as to members of Plan L, any part of this Ordinance that represents an increase or diminishment in the benefit rights of such members shall not apply to an elected official during any term of office to which such official was elected prior to the effective date of this Ordinance, but shall only apply to an elected official during a term of office to which such official was elected after the effective date of this Ordinance."
For determination of benefits upon the death of a retiree who had failed to designate any survivor, see subsection 22-306(3) in this Title. [Editor's note: This note appears in Bill No. 980843 (approved January 13, 1999).] Amended, Bill No. 100007 (approved June 23, 2010); amended, Bill No. 100286 (approved June 23, 2010). See note 4 for effective date provisions. Amended, Bill No. 100780 (approved February 8, 2011). See note 4 for effective date provisions.