Bill Text: NJ S2641 | 2020-2021 | Regular Session | Introduced
Bill Title: Allows retiree to change designated beneficiary after retirement in event of divorce.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-30 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2641 Detail]
Download: New_Jersey-2020-S2641-Introduced.html
Sponsored by:
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
SYNOPSIS
Allows retiree to change designated beneficiary after retirement in event of divorce.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning retirement allowance options in the Public Employees' Retirement System and the Teachers' Pension and Annuity Fund and amending P.L.1954, c.84 and N.J.S.18A:66-47.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 50 of P.L.1954, c.84 (C.43:15A-50) is amended to read as follows:
50. At the time of retirement, a member shall receive benefits in a retirement allowance payable throughout life, or the member may, on retirement, elect to receive the actuarial equivalent of the member's retirement allowance, in a lesser retirement allowance payable throughout life, with the provision that:
Option 1. If the member dies before the member has received in payments the present value of the retirement allowance as it was at the time of retirement, the balance shall be paid to a legal representative or to such person as the member shall nominate by written designation acknowledged and filed with the retirement system, either in a lump sum or by equal payments over a period of years at the option of the payee. If the member shall have designated a natural person as the payee, said payee may elect to receive such payments in the form of a life annuity.
Option 2. Upon the member's death, the member's retirement allowance shall be continued throughout the life of and paid to such person as the member shall nominate by written designation duly acknowledged and filed with the retirement system at the time of retirement.
Option 3. Upon the member's death, one-half of the member's retirement allowance shall be continued throughout the life of and paid to such person as the member shall nominate by written designation duly acknowledged and filed with the retirement system at the time of retirement.
Option 4. Some other benefit or benefits shall be paid either to the member or to whomever the member nominates, if such other benefit or benefits, together with the lesser retirement allowance, shall be certified by the actuary to be of equivalent actuarial value. In no case, however, shall the lesser retirement allowance be smaller than that provided under Option 2.
Option 5. Some other benefit, which is equivalent to the full amount, three-quarters, one-half or one-quarter of the member's retirement allowance, shall be paid to whomever the member nominates and if that nominee dies before the member, the member's retirement allowance shall increase to the maximum retirement allowance for the member's lifetime, provided that such other benefit together with the member's lesser and maximum retirement allowances shall be certified by the actuary to be of equivalent actuarial value.
If the total amount of benefits paid to a retirant who does not elect to receive benefits in the form of an optional settlement, or to the retirant and the designated beneficiary in the case of a retirant who does so elect, before the death of the retirant or the retirant and the beneficiary is less than the deductions accumulated in the retirant's account at the time of retirement, including regular interest, the balance shall be paid in one lump sum to the retirant's designated beneficiary or estate in the manner provided in section 51 of P.L.1954, c.84 (C.43:15A-51).
Except in the case of members who have elected to receive (1) a deferred retirement allowance pursuant to section 38 of P.L.1954, c.84 (C.43:15A-38) or (2) early retirement allowances pursuant to subsection b. of section 41 of P.L.1954, c.84 (C.43:15A-41) after separation from service pursuant to section 38, if a member dies within 30 days after the date of retirement or the date of board approval, whichever is later, the member's retirement allowance shall not become effective and the member shall be considered an active member at the time of death. However, if the member dies after the date the application for retirement was filed with the system, the retirement will become effective if:
a. (Deleted by amendment, P.L.1995, c.221);
b. (Deleted by amendment, P.L.1995, c.221);
c. The deceased member had designated a beneficiary under an optional settlement provided by this section; and
d. The surviving beneficiary requests in writing that the board make such a selection. Upon formal action by the board approving that request, the request shall be irrevocable.
The board may select an Option 3 settlement, on behalf of the beneficiary of a member who applied for and was eligible for retirement but who died prior to the effective date of the retirement allowance, if all of the above conditions, with the exception of c., are met.
Under Options 1, 2, 3, and 4, and in the event of a divorce after retirement, a member may, in writing duly acknowledged and filed with the retirement system, withdraw the written designation for the nominee from whom the retiree was divorced to receive the member's retirement allowance or portion thereof, with the authorization of the nominee in writing duly acknowledged and filed with the retirement system, and may choose another nominee to receive the member's retirement allowance, upon the member's death, by written designation duly acknowledged and filed with the retirement system
Under Option 5 and in the event of a divorce after retirement, a member, may in writing duly acknowledged and filed with the retirement system, withdraw the written designation for the nominee from whom the retiree was divorced to receive the member's retirement allowance or portion thereof, with the authorization of the nominee in writing duly acknowledged and filed with the retirement system, and all rights of the designated nominee to such benefits shall cease. A member may not designate another nominee to receive the member's retirement allowance upon the member's death under this option.
(cf: P.L.2001, c.120, s.2)
2. N.J.S.18A:66-47 is amended to read as follows:
18A:66-47. At the time of retirement a member shall receive benefits in a retirement allowance payable throughout life, or the member may on retirement elect to receive the actuarial equivalent of the member's retirement allowance, in a lesser retirement allowance payable throughout life, with the provision that:
Option 1. If the member dies before the member has received in payments the present value of the retirement allowance as it was at the time of retirement, the balance shall be paid to a legal representative or to such person as the member shall nominate by written designation acknowledged and filed with the retirement system, either in lump sum or by equal payments over a period of years at the option of the payee. If the member shall have designated a natural person as a payee, said payee may elect to receive such payments in the form of a life annuity.
Option 2. Upon the member's death, the member's retirement allowance shall be continued throughout the life of and paid to such person as the member shall nominate by written designation duly acknowledged and filed with the retirement system at the time of retirement.
Option 3. Upon the member's death, one-half of the member's retirement allowance shall be continued throughout the life of and paid to such person as the member shall nominate by written designation duly acknowledged and filed with the retirement system at the time of retirement.
Option 4. Some other benefit or benefits shall be paid either to the member or to whomever the member nominates, if such other benefit or benefits, together with the lesser retirement allowance, shall be certified by the actuary to be of equivalent actuarial value. In no case, however, shall the lesser retirement allowance be smaller than that provided under Option 2.
Option 5. Some other benefit, which is equivalent to the full amount, three-quarters, one-half or one-quarter of the member's retirement allowance, shall be paid to whomever the member nominates and if that nominee dies before the member, the member's retirement allowance shall increase to the maximum retirement allowance for the member's lifetime, provided that such other benefit together with the member's lesser and maximum retirement allowances shall be certified by the actuary to be of equivalent actuarial value.
If the total amount of benefits paid to a retirant who does not elect to receive benefits in the form of an optional settlement, or to the retirant and the designated beneficiary in the case of a retirant who does so elect, before the death of the retirant or the retirant and the beneficiary is less than the deductions accumulated in the retirant's account at the time of retirement, including regular interest, the balance shall be paid in one lump sum to the retirant's designated beneficiary or estate in the manner provided in N.J.S.18A:66-48.
Except in the case of members who have elected to receive (1) a deferred retirement allowance pursuant to N.J.S.18A:66-36 or (2) early retirement allowances pursuant to N.J.S.18A:66-37 after separation from service pursuant to N.J.S.18A:66-36, if a member dies within 30 days after the date of retirement or the date of board approval, whichever is later, the member's retirement allowance shall not become effective and the member shall be considered an active member at the time of death. However, if the member dies after the date the application for retirement was filed with the system, the retirement will become effective if:
a. (Deleted by amendment, P.L.1995, c.221);
b. (Deleted by amendment, P.L.1995, c.221);
c. The deceased member had designated a beneficiary under an optional settlement provided by this section; and
d. The surviving beneficiary requests in writing that the board make such a selection. Upon formal action by the board approving that request, the request shall become irrevocable.
The board may select an Option 3 settlement, on behalf of the beneficiary of a member who applied for and was eligible for retirement but who died prior to the effective date of the retirement allowance, if all of the above conditions, with the exception of c., are met.
Under Options 1, 2, 3, and 4, and in the event of a divorce after retirement, a member may, in writing duly acknowledged and filed with the retirement system, withdraw the written designation for the nominee from whom the retiree was divorced to receive the member's retirement allowance or portion thereof, with the authorization of the nominee in writing duly acknowledged and filed with the retirement system, and may choose another nominee to receive the member's retirement allowance, upon the member's death, by written designation duly acknowledged and filed with the retirement system
Under Option 5 and in the event of a divorce after retirement, a member, may in writing duly acknowledged and filed with the retirement system, withdraw the written designation for the nominee from whom the retiree was divorced to receive the member's retirement allowance or portion thereof, with the authorization of the nominee in writing duly acknowledged and filed with the retirement system, and all rights of the designated nominee to such benefits shall cease. A member may not designate another nominee to receive the member's retirement allowance upon the member's death under this option.
(cf: P.L.2001, c.120, s.1)
3. This act shall take effect immediately and shall be applicable to members who retired prior to the effective date.
STATEMENT
This bill will allow a retiree to change a designated beneficiary after retirement in the event of a divorce. Under current law, prior to retirement, a member of the Public Employees' Retirement System (PERS) and a member of the Teachers' Pension and Annuity Fund (TPAF) may choose one of five options to receive retirement benefits. Once a retiree begins to receive the retirement allowance, these options cannot be changed. Options one through four allow the retiree to choose to have the retirement benefits allocated at the maximum allowable retirement amount or to have the retirement allowance adjusted downward in order to have the benefits continued to be paid to the designated beneficiary in the event of the retiree's death. Each of these options can produce a different retirement allowance based on the option chosen, but each option is actuarially equivalent. Options one through four assume the retiree passes away before the designated beneficiary.
Option five allows for an increase in a retiree's retirement allowance in the event that a designated beneficiary passes away before the retiree. To ensure actuarial equivalency, the retirement allowance is adjusted downward to accommodate a potential future increase in the event of the death of a designated beneficiary.
This bill would allow a retiree to withdraw the nomination of a designated beneficiary and nominate a new designated beneficiary in the event of a divorce after retirement under options 1, 2, 3, and 4, and would allow a member to withdraw the nomination of a designated beneficiary under option 5, but not nominate a new designated beneficiary. Under all options, in the event of a divorce after a retirement, the withdrawal of a nomination of a designated beneficiary must be accompanied by a written authorization from the designated beneficiary from whom the retiree was divorced after retirement duly acknowledged and filed with the retirement system. This bill would apply to all persons who retired before the effective date.
