Tennessee § 8-36-107 - Lump sum death benefit.

§ 8-36-107. Lump sum death benefit.

Upon the death of a member prior to retirement on account of whom no benefit is payable under §§ 8-36-108, 8-36-109 or part 6 of this chapter, the member's accumulated contributions shall be paid to such entity as the member shall have nominated by written designation, duly executed and filed with the board of trustees. In the event that there are no surviving designated beneficiaries, the member's accumulated contributions shall be paid to the member's estate in accordance with § 8-36-120. If such member shall have been in service within one hundred fifty (150) days preceding such member's death, an additional amount equal to such member's accumulated contributions shall be paid in accordance with subsection (a); provided, that no benefit is payable under §§ 8-36-108, 8-36-109 or part 6 of this chapter. Notwithstanding any provision of this section to the contrary, if a member described in subsection (a) dies while on an approved medical leave of absence, an additional amount equal to such member's accumulated contributions shall be paid in accordance with subsection (a); provided, that: The member maintained health insurance coverage through the member's employer; The member dies within one (1) year upon being approved for the leave of absence; and No benefit is payable under §§ 8-36-108, 8-36-109 or part 6 of this chapter. Any person who is entitled to receive a retirement allowance under §§ 8-36-108, 8-36-109 or part 6 of this chapter on account of the death of a member prior to retirement may elect to receive the benefits provided in subsection (a) or (b) in lieu of the benefits to which such person would otherwise be entitled. Acts 1972, ch. 814, § 5; T.C.A., § 8-3920; Acts 1986, ch. 553, §§ 9, 10; 1987, ch. 54, § 12; 1991, ch. 378, §§ 10-12; 2002, ch. 863, §§ 3, 22. Compiler's Notes. Acts 2002, ch. 863, § 25 provided that the provisions of § 22 of that act, which amended this section, shall be subject to the funding being provided in the General Appropriations Act. According to information provided by the department of finance and administration, funding was provided by Acts 2002, ch. 842. Cross-References. Lump sum payment for survivor of member of total teachers' system dying prior to retirement, § 8-35-306 . Collateral References. Heirs, rights in survival benefits. 153 A.L.R. 810 , 5 A.L.R.3d 644.