§ 62-196. Nonduty death retirement allowances.

(a)

Any member may, by written declaration filed with the board in the manner and form prescribed by the board, elect option B provided in section 62-195 and nominate a beneficiary who has an insurable interest in his life. The election of option B and nomination of beneficiary may be revoked by the member at any time prior to the date of his retirement, and he may prior to the date of his retirement again elect option B and nominate a beneficiary as provided in this subsection. If any member who has an option B election in force dies while in the employ of the city, his beneficiary, if living, shall immediately receive a retirement allowance computed according to section 62-195 in the same manner as if the member had:

(1)

Retired the day preceding the date of his death, notwithstanding that he might not have attained his eligible retirement age; and

(2)

Elected the option B.

If any member has an option B election in force at the time of his retirement, his election of option B and nomination of beneficiary shall thereafter continue in force unless prior to the date of his retirement he elects to receive his retirement allowance as a straight life retirement allowance or under another option provided in section 62-195. No retirement allowance shall be paid under this subsection (a) of this section on account of the death of a member if any benefits are paid or payable under section 62-201 on account of his death.

(b)

Any member who does not have an option B election as provided in subsection (a) of this section in force and dies while in the employ of the city, and leaves a widow, or in the case of a female member leaves a widower, the widow or widower shall immediately receive a retirement allowance computed according to section 62-192 in the same manner in all respects as if the member had:

(1)

Retired the day preceding the date of his death, notwithstanding that he might not have attained his eligible retirement age;

(2)

Elected option B provided in section 62-195; and

(3)

Nominated his widow or widower as beneficiary.

No retirement allowance shall be paid under this paragraph on account of the death of a member if any benefits are paid or payable under section 62-201 on account of his death.

(Code 1979, § 2-314.1.21)