Ala. Admin. Code r. 800-2-1-.12 - Preretirement Death Benefit
(1) The death benefit provided by Code of Ala. 1975, §
36-27B-3, shall be paid only in lieu of the matching amount not to exceed $5,000 provided in Code of Ala. 1975, §§
36-27-16(c)(3), 36-27-16(c)(4), to those who qualify for benefits under such sections and under §
36-27B-3 and who are not otherwise qualified for a benefit under the Employees' Retirement System law. The benefit shall be payable under §
36-27-16(c)(3) to the spouse unless the member has designated some other person to receive the benefit payable under such section and shall be payable only if the spouse or other designated person elects to receive the return of contributions and death benefit rather than the monthly benefit. The benefit shall be payable under §
36-27-16(c)(4) to the person designated by the member to receive preretirement benefits.
(2) The benefits shall be payable only if the member's death occurs within 90 days of his last day of actual service. For the purpose of determining qualification for this benefit "actual service" shall include all periods for which the member is in pay status earning service credit, including holidays, weekends, periods of annual leave and periods of paid sick leave, provided such periods are continuous and unbroken but shall not include periods for which the member is not in pay status earning service credit, such as periods of unpaid leave.
Author: William T. Stephens, General Counsel, RSA.
Notes
Statutory Authority: Code of Ala. 1975, § 36-27-23(g).
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