§ 35.100. BENEFICIARIES; CONTINGENCIES.

(A)

(1)

If a participant dies without having designated a joint pensioner or beneficiary in accordance with subsection 35.097(E)(2), or if the joint pensioner or beneficiary designated by a deceased participant predeceases the participant and the participant did not elect to add a "pop-up feature" in accordance with subsection 35.097(E)(1)(b), the death benefit, if any, which may be payable under the plan with respect to the deceased participant may be paid, in the discretion of the Committee, either to:

(a)

Any one or more of the persons comprising the group consisting of the participant's spouse, the participant's descendants, the participant's parents, or the participant's heirs-at-law, and the Committee may pay the entire benefit to any member of that group or apportion the benefit among any two (2) or more of them in those shares as the Committee, in its sole discretion, shall determine; or

(b)

The estate of the deceased participant.

(2)

The Committee, in its sole discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum.

(3)

Any payment made to any person pursuant to the power and discretion conferred upon the Committee by the provisions of this Section shall operate as a complete discharge of all obligations under the plan with respect to the deceased participant and shall be final, binding, and conclusive on all persons ever interested hereunder.

(B)

(1)

In the event of the death of a beneficiary who survives the participant and who, at the beneficiary's death, is receiving benefits under Section 35.097(D) or (E) of this subchapter for a specified period of time (not the lifetime of the beneficiary), the same amount of monthly retirement income which the beneficiary was receiving shall be payable for the remainder of the specified period to a person designated by the participant to receive the remaining death benefits, if any, payable in the event of a contingency or, if no person was so named, then to a person designated by the beneficiary of the deceased participant to receive the remaining death benefits, if any, payable in the event of the contingency. However, if no person so designated is living at the time the beneficiary dies, then the remaining death benefits, if any, shall be payable for the remainder of the specified period, at the discretion of the Committee, either to:

(a)

All or any one or more of the persons comprising the group consisting of the participant's spouse, the beneficiary's spouse, the participant's descendants, the beneficiary's descendants, the participant's parents, the beneficiary's parents, the participant's heirs-at-law, or the beneficiary's heirs-at-law; or

(b)

The estate of the deceased beneficiary.

(2)

Whenever the Committee exercises its discretion to effect the payment of death benefits upon the death of a participant's designated beneficiary, the Committee may direct that the commuted value of the monthly retirement income payments due for the remainder of the specified period be paid in a lump sum. Any payments made to any person pursuant to the power and discretion conferred upon the Committee by the provisions of this Section shall operate as a complete discharge of all obligations under the plan with respect to the deceased beneficiary and shall be final, binding, and conclusive on all persons ever interested hereunder.

(Code 1980, § 18-132; Am. Ord. No. 78-93, passed 12/7/93; Ord. No. 31-09, § 2, passed 6/16/09)