Suspension of benefit payments

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  1. (a) A retirement system may suspend benefit payments to a beneficiary if the retirement system:

    1. (1) Receives the written notice required under § 24-1-304 from a prosecuting attorney; or

    2. (2) Has reasonable cause to believe that the beneficiary will be charged with the unlawful killing of the member or retirant.

  2. (b) If benefit payments are suspended under this section, the suspension shall continue until:

    1. (1) A final adjudication of the criminal or civil proceeding; or

    2. (2)

      1. (A) The retirement system receives written confirmation from the prosecuting attorney that the beneficiary will not be charged with the unlawful killing of the member or retirant.

      2. (B) The retirement system shall request written confirmation from the prosecuting attorney stating that the beneficiary will not be charged with the unlawful killing of the member or retirant.


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