§ 114-187. Beneficiaries and annuitants.

A.

Each member may designate a beneficiary and/or annuitant, or change a prior designation, provided that no designation or change shall be effective unless it is made in writing in a form acceptable to and filed with the trustees and includes the consent and wavier required under subsection B hereof.

B.

When a member who is legally married first designates a primary beneficiary or an annuitant other than his spouse, his spouse shall consent to such designation and waive any right to a refund, survivor annuity or other death benefit hereunder. Such consent and waiver shall be made, in writing, in the form required by the trustees. Once made and accepted by the trustees, such consent and waiver shall be irrevocable. In the absence of such consent, such designation shall be deemed invalid.

C.

Upon the death of a member who does not have a beneficiary, or whose designation has been determined to be invalid by the trustees, any death benefit shall be paid to his surviving heirs in the following order, to the exclusion of any heirs in later classes:

1.

The spouse of the member, provided the spouse is not legally separated from the member at the time of the member's death;

2.

The member's children, including legally adopted children;

3.

The member's parents;

4.

The member's brothers and/or sisters; or

5.

The member's estate.

If there are two or more surviving heirs in any class, then each such heir shall equally share the benefit. If a minor child is determined to be a member's beneficiary, any benefit to which he is entitled shall be paid to his legally appointed guardian, and such payment shall discharge the system from any further obligation with respect thereto. If a member designates a primary beneficiary, other this his spouse, his spouse shall consent to the designation in the form prescribed by the trustees.

(M.C.S., Ord. No. 26460, § 2, 6-18-15)