120-4.28. Survivor's alternate benefit.
The designated beneficiary of a member who dies in service before retirement but after age 60 and after completing five years of creditable service or after completing 12 years of creditable service is entitled to Option 2 prescribed by G.S. 120-4.26.
In the event that a retirement allowance becomes payable to the one and only one beneficiary designated to receive a return of accumulated contributions pursuant to this subsection and that beneficiary dies before the total of the retirement allowances paid equals the amount of those accumulated contributions over the total of the retirement allowances paid to the beneficiary, the allowance shall be paid in a lump sum to the person or persons the member has designated as the contingent beneficiary for return of accumulated contributions, if the person or persons are living at the time the payment falls due, otherwise to the one and only one beneficiary's legal representative. (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, s. 199; 1985, c. 400, s. 3; 1987, c. 738, ss. 31(d), 37(c); 2012-130, s. 5.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 120 - General Assembly
Article 1A - Legislative Retirement System.
§ 120-4.9 - Retirement system established.
§ 120-4.10 - Administration of retirement system.
§ 120-4.12 - Creditable service.
§ 120-4.12A - Reciprocity of creditable service with other state-administered retirement systems.
§ 120-4.13 - Transfer of membership and benefits.
§ 120-4.14 - Purchase of prior service.
§ 120-4.15 - Repayment of contributions.
§ 120-4.16 - Repayments and purchases.
§ 120-4.17 - Assets of retirement system.
§ 120-4.18 - Management of funds.
§ 120-4.19 - Contributions by the members.
§ 120-4.20 - Contributions by the State.
§ 120-4.21 - Service retirement benefits.
§ 120-4.22 - Disability retirement benefits.
§ 120-4.22A - Post-retirement increases in allowances.
§ 120-4.23 - Reexamination for disability retirement allowance.
§ 120-4.24 - Return to membership of former member.
§ 120-4.25 - Return of accumulated contributions.
§ 120-4.26 - Benefit payment options.
§ 120-4.26A - Benefits on death after retirement.
§ 120-4.28 - Survivor's alternate benefit.
§ 120-4.29 - Exemption from garnishment, attachment.
§ 120-4.30 - Termination or partial termination; discontinuance of contributions.
§ 120-4.31 - Internal Revenue Code compliance.
§ 120-4.32 - Deduction for payments allowed.
§ 120-4.33 - Forfeiture of retirement benefits for certain felonies.
§ 120-4.33B - Prohibition on purchase of forfeited service.
§ 120-4.34 - Improper receipt of decedent's retirement allowance.