For any municipality, special fire control district, chapter plan, local law municipality,
local law special fire control district, or local law plan under this chapter:
(1) No plan shall discriminate in its benefit formula based on color, national origin,
sex, or marital status.
(2)(a) If a plan offers a joint annuitant option and the member selects such option,
or if a plan specifies that the member's spouse is to receive the benefits that continue
to be payable upon the death of the member, then, in both of these cases, after retirement
benefits have commenced, a retired member may change his or her designation of joint
annuitant or beneficiary only twice.
(b) Any retired member who desires to change his or her joint annuitant or beneficiary
shall file with the board of trustees of his or her plan a notarized notice of such
change either by registered letter or on such form as is provided by the administrator
of the plan. Upon receipt of a completed change of joint annuitant form or such other notice,
the board of trustees shall adjust the member's monthly benefit by the application
of actuarial tables and calculations developed to ensure that the benefit paid is
the actuarial equivalent of the present value of the member's current benefit. Nothing herein shall preclude a plan from actuarially adjusting benefits or offering
options based upon sex, age, early retirement, or disability.
(3) Eligibility for coverage under the plan must be based upon length of service or
attained age, or both, and benefits must be determined by a nondiscriminatory formula
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.