Vermont Statutes Title 24 Sec. 5061
Terms Used In Vermont Statutes Title 24 Sec. 5061
- Accumulated contributions: means the sum of all the amounts deducted for Municipal Employees' Retirement System purposes from the compensation of a member with interest thereon, as provided in subsection 5063(b) of this title. See
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this chapter. See
- Executor: A male person named in a will to carry out the decedent
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Member: means any employee included in the membership of the Retirement System under section 5053 of this title. See
- Probate: Proving a will
- Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this chapter. See
§ 5061. Death benefit; post retirement
The beneficiary of a member who dies after retirement shall receive at the member’s death, a lump sum equal in amount to the difference between the member’s accumulated contributions at the time of retirement and the sum of the annuity payments actually made to the member during his or her lifetime. However, if the member elected an option prior to the commencement of the benefit, the provisions thereof shall apply. Under all options, in the absence of a written designation of beneficiary, or in the event the designated beneficiary is deceased, the residual amount payable as a result of the death of the member after retirement shall be payable as follows:
(1) In the case of an open estate, to the administrator or executor.
(2) In the case of a closed estate and the residual amount payable is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
(3) In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the residual amount payable is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 551.
(4) In all other cases, a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the residual amount payable. When an estate is opened solely to distribute the residual amount payable under this section, the Probate Division of the Superior Court may waive any filing fees. (Added 1973, No. 251 (Adj. Sess.), § 3; amended 2007, No. 13, § 43; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)