Section 35IAC2-4-1. Death benefits

   The death benefits under IC 36-8-8-16 for a deceased member's heirs or estate shall be paid by the 1977 Fund from the employer contributions of the city, town, or township where the member was last employed. This death benefit is payable to the member's estate and may be claimed by the estate's personal representative, as evidenced by letters testamentary or letters of administration. If no personal representative has been appointed, then the distribution can be made to a person who presents a Small Estate Affidavit, as described in IC 29-1-8-1. INPRS shall not rely on a member's last will and testament to determine who receives this death benefit. If a person directs who should receive this death benefit through a last will and testament, it shall be the responsibility of the personal representative or the person entitled to receive the funds under a small estate affidavit to deliver the funds to that beneficiary. (Board of Trustees of the Indiana Public Retirement System; 35 IAC 2-4-1; filed Aug 6, 1980, 9:20 a.m.: 3 IR 1473; filed May 7, 1998, 4:15 p.m.: 21 IR 3328; readopted filed Oct 31, 2001, 2:21 p.m.: 25 IR 898; adopted Nov 9, 2007: 20071205-IR-035070818ONA; adopted Apr 26, 2013: 20130508-IR-035130167ONA)