100-A:12-a Payments in Lieu of Payments to Estates. –
I. Notwithstanding any other provision under this chapter to the contrary, in the event that any payment in the amount of $15,000 or less is to be made by the New Hampshire retirement system to the estate of a deceased member or beneficiary, the retirement system may, but is not required to, make payment to the next of kin of such deceased member or beneficiary provided that all of the following conditions are met:
(a) At least 6 months have passed since the death of such member or beneficiary.
(b) There has been no demand for payment from a duly appointed executor or administrator.
(c) No probate proceedings have been instituted with respect to such deceased member or beneficiary, or all such probate proceedings have been closed.
(d) The next of kin has provided a written request for such payment and an affidavit in a form approved by the board of trustees stating that no such probate proceedings have been instituted or that proceedings have been closed, as applicable, and swearing to sufficient additional facts to enable the retirement system to determine that the person making such request is the next of kin of such member or beneficiary.
II. Payments made under authority of this section shall discharge the liability of the retirement system to all persons to the extent of such payments and the retirement system shall be immune from civil liability in any action brought on the basis of any act or omission under this section.