Termination of survivor benefits.

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(1) Survivor benefits payable pursuant to the provisions of section 24-51-908 shall terminate when the benefit recipient dies or is no longer qualified to receive such benefits.

  1. Qualified children's survivor benefits shall terminate when the children marry or theboard finds that such children are no longer mentally or physically incapacitated.

  2. When children's survivor benefits paid pursuant to section 24-51-905 (1)(a) are nolonger payable, the surviving spouse may elect to receive:

  1. An option 3 benefit pursuant to the provisions of section 24-51-910;

  2. A surviving spouse's benefit pursuant to the provisions of section 24-51-909; or

  3. A single payment of any moneys remaining from the total of the amount credited tothe member contribution account of the member and matching employer contributions.

  1. In the event that a surviving spouse remarries prior to July 1, 1997, survivor benefitspaid as surviving spouse's benefits pursuant to the provisions of section 24-51-909 shall terminate upon the remarriage of such spouse.

  2. Survivor benefits paid to a dependent parent of a member pursuant to the provisionsof section 24-51-908 (5) shall terminate upon the remarriage of said parent.

  3. If the association is paying a supplemental needs trust pursuant to section 24-51-911 (8), such payment terminates and the provisions of this section and section 24-51-913 apply when the beneficiary of such supplemental needs trust is no longer eligible to receive survivor benefits. If a supplemental needs trust is determined to be invalid or terminates after the association commences payment to the supplemental needs trust, the survivor benefit, from then on, is paid to the beneficiary of the supplemental needs trust so long as that beneficiary is eligible for survivor benefits.

Source: L. 87: Entire article R&RE, p. 1070, § 1, effective July 1. L. 90: IP(3) amended, p. 1252, § 5, effective July 1. L. 91, 2nd Ex. Sess.: (3)(c) amended, p. 71, § 3, effective October

11. L. 92: (2) amended, p. 1109, § 4, effective May 14. L. 95: (3)(c) amended, p. 556, § 13, effective July 1. L. 97: (4) amended, p. 67, § 14, effective July 1. L. 2015: (6) added, (SB 15097), ch. 111, p. 327, § 6, effective April 16.

Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For the legislative declaration in SB 15-097, see section 1 of chapter 111, Session Laws of Colorado 2015.


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