A member who has terminated State service who has not filed an application for withdrawal of contributions having ten or more eligibility points, or being eligible for a superannuation retirement allowance, shall, in the absence of applying for an annuity, be entitled to death benefits, except under the following circumstances:
(1) If a member has not filed an application for vesting or annuity within 90 days after termination of State service, while under superannuation age, he shall not be eligible for death benefits in excess of his own accumulated deductions.(2) If a member has terminated State service over superannuation age with three or more years of credited State or School service or State and School service, or a vestee having attained superannuation age, has failed to file an application for annuity benefits within 90 days after termination of service or attainment of superannuation age, as the case may be, he shall be ineligible for death benefits in excess of his own accumulated deductions.The provisions of this § 243.12 amended March 12, 1976, 6 Pa.B. 449.