§ 32. Beneficiaries.

(1)

Each Firefighter may, on a form provided for that purpose, signed and filed with the Board of Trustees, designate a choice of one or more persons, including a trust, named sequentially or jointly, as his beneficiary (or beneficiaries) to receive a refund of the member's accumulated contributions without interest or the remainder of the 120 monthly payments, if any, which may be payable in the event of the member's death. Each designation may be revoked or changed by such Firefighter by signing and filing with the Board of Trustees a new designation-of-beneficiary form. Upon such change, the rights of all previously designated beneficiaries to receive benefits under the system shall cease.

(2)

If a deceased Firefighter fails to name a Beneficiary in the manner prescribed in Subsection (1) above, or if the Beneficiary (or Beneficiaries) named by a deceased Firefighter predeceases the Firefighter, the refund of member's contributions or the remainder of the 120 monthly payments, if any, which may be payable with respect to such deceased Firefighter, except as provided by Subsection 32(4), shall be paid to the estate of the Firefighter and the Board of Trustees, in its discretion, may direct that the commuted value of the remaining monthly income benefits be paid in a lump sum.

(3)

Any payment made to any person pursuant to this section shall operate as a complete discharge of all obligations with regard to the deceased Member and any other persons with rights and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder.

(4)

If a member has not completed and filed with the board of trustees a designation of beneficiary form and has not elected in writing and filed with the board of trustees the Section 34(1)(a) life with 10 years certain option, monthly benefits that are payable upon the death of the member, if any, for the 120 month period shall be paid to the member's surviving spouse, issue in being under the age of eighteen (18), or dependent parents, in the same percentages as set forth in Section 14, "Benefits Payable Upon Death of Member"; and, if none, to the member's estate.

(Ord. of 1-14-2008, § 13, Doc. # 0801141004)