(a) Generally. Except as provided in subsection (b), a participant may elect an optional form of pension described in § 5-3-306 that is actuarially equivalent to the normal form of pension otherwise payable.
(b) Disabled participants. This subsection applies to a disabled participant.
(1) A participant who qualifies for a service-connected disability retirement pension is eligible to elect an optional form of pension, regardless of age and credited service.
(2) A participant who qualifies for a non-service-connected disability retirement pension on or after reaching the participant's early retirement date is eligible to elect an optional form of pension.
(3) A participant who qualifies for a non-service-connected disability retirement pension before reaching the participant's early retirement date or normal retirement date is eligible to elect an optional form of pension on attaining age 60. An election takes effect only if the participant survives to age 60.
(c) Filing form with Personnel Officer. To elect a pension payment option, a participant shall file the appropriate form with the Personnel Officer at least 30 days before the date of retirement or, for a participant who qualifies for a non-service-connected disability retirement before reaching the participant's early retirement date or normal retirement date, at least 30 days before the date the participant is eligible to receive payment in accordance with the option.
(d) Effective date.
(1) The pension payment option is effective on the participant's retirement date, or, for a participant who qualifies for a non-service-connected disability retirement before reaching the participant's early retirement date or normal retirement date, the first day of the month following the date that the participant attains age 60.
(2) The pension payment option is void if the participant, the beneficiary, or the joint annuitant dies before the date set forth in subsection (d)(1).
(1985 Code, Art. 7, § 3-305) (Bill No. 90-01)
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