New Hampshire Revised Statutes 100-A:12-a – Payments in Lieu of Payments to Estates
Current as of: 2023 | Check for updates
|
Other versions
I. Notwithstanding any other provision under this chapter to the contrary, in the event that any payment in the amount of $15,000 or less is to be made by the New Hampshire retirement system to the estate of a deceased member or beneficiary, the retirement system may, but is not required to, make payment to the next of kin of such deceased member or beneficiary provided that all of the following conditions are met:
(a) At least 6 months have passed since the death of such member or beneficiary.
(b) There has been no demand for payment from a duly appointed executor or administrator.
(c) No probate proceedings have been instituted with respect to such deceased member or beneficiary, or all such probate proceedings have been closed.
(d) The next of kin has provided a written request for such payment and an affidavit in a form approved by the board of trustees stating that no such probate proceedings have been instituted or that proceedings have been closed, as applicable, and swearing to sufficient additional facts to enable the retirement system to determine that the person making such request is the next of kin of such member or beneficiary.
II. Payments made under authority of this section shall discharge the liability of the retirement system to all persons to the extent of such payments and the retirement system shall be immune from civil liability in any action brought on the basis of any act or omission under this section.
(a) At least 6 months have passed since the death of such member or beneficiary.
Terms Used In New Hampshire Revised Statutes 100-A:12-a
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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: shall mean any person receiving a retirement allowance or other benefit as provided herein. See New Hampshire Revised Statutes 100-A:1
- board: shall mean the board provided for in N. See New Hampshire Revised Statutes 100-A:1
- Executor: A male person named in a will to carry out the decedent
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Member: shall mean any person included in the membership of the retirement system, as provided in N. See New Hampshire Revised Statutes 100-A:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probate: Proving a will
- Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions hereof. See New Hampshire Revised Statutes 100-A:1
- Retirement system: shall mean the New Hampshire Retirement System as defined in N. See New Hampshire Revised Statutes 100-A:1
(b) There has been no demand for payment from a duly appointed executor or administrator.
(c) No probate proceedings have been instituted with respect to such deceased member or beneficiary, or all such probate proceedings have been closed.
(d) The next of kin has provided a written request for such payment and an affidavit in a form approved by the board of trustees stating that no such probate proceedings have been instituted or that proceedings have been closed, as applicable, and swearing to sufficient additional facts to enable the retirement system to determine that the person making such request is the next of kin of such member or beneficiary.
II. Payments made under authority of this section shall discharge the liability of the retirement system to all persons to the extent of such payments and the retirement system shall be immune from civil liability in any action brought on the basis of any act or omission under this section.