(1) (a) If a member dies while in active service or while on temporary occupational disability under section 31-31-803 (2.2) and leaves a surviving spouse or dependent children, or both, one of the survivor benefits described in paragraph (b) of this subsection (1) shall be paid if the member:
Is not eligible for a normal retirement pension under an old hire pension plan established pursuant to article 30.5 of this title that provides for postretirement survivor benefits to a spouse and dependent children in the event the member dies in active service while eligible for normal retirement; and
(A) Is not eligible for the normal retirement pension from a plan that is part of thedefined benefit system pursuant to section 31-31-204; or
(B) Has not reached age fifty-five with twenty-five years of accumulated service as a member and is a participant under the statewide money purchase plan pursuant to part 5 of this article or under a local money purchase plan.
(b) One of the following survivor benefits shall be paid if the requirements of paragraph (a) of this subsection (1) are satisfied:
When there is a surviving spouse and no dependent children, the monthly benefitshall be forty percent of the monthly base salary paid to such member immediately preceding death.
When there is a surviving spouse and one dependent child, the monthly benefit shallbe forty percent of the monthly base salary paid to such member immediately preceding death.
When there is a surviving spouse and two or more dependent children, the monthlybenefit shall be fifty percent of the monthly base salary paid to such member immediately preceding death.
When there is no surviving spouse and three or more dependent children, the monthly benefit shall be fifty percent of the monthly base salary paid to such member immediately preceding death.
When there is no surviving spouse and two dependent children, the monthly benefitshall be forty percent of the monthly base salary paid to such member immediately preceding death.
When there is no surviving spouse and one dependent child, the monthly benefitshall be forty percent of the monthly base salary paid to such member immediately preceding death.
Any benefit provided in accordance with this section to the surviving spouse or dependent child of a member who dies while in active service shall terminate upon the death of the surviving spouse or upon the death or termination of dependency of such dependent child, as defined in section 31-31-801 (2), as applicable.
(a) When there is a surviving spouse and one dependent child residing in a separate household from the surviving spouse, the surviving spouse shall receive twenty-five percent of the monthly base salary and the child shall receive the balance of the benefit pursuant to subparagraph (II) of paragraph (b) of subsection (1) of this section.
When there is a surviving spouse and two or more dependent children residing in aseparate household from the surviving spouse, the surviving spouse shall receive twenty-five percent of the monthly base salary and the children shall receive the balance of the benefit pursuant to subparagraph (III) of paragraph (b) of subsection (1) of this section.
Upon the termination of the benefit payable to the child or children pursuant to paragraph (a) or (b) of this subsection (3), the surviving spouse shall receive the benefit pursuant to subparagraph (I) of paragraph (b) of subsection (1) of this section.
In the event that a survivor benefit is payable for the benefit of more than one dependent child of the member pursuant to subparagraph (III), (IV), or (V) of paragraph (b) of subsection (1) of this section and the dependent children reside in separate households from each other, the benefit shall be divided equally among the children.
Any surviving spouse or dependent child receiving benefits pursuant to subparagraph(I) or (VI) of paragraph (b) of subsection (1) of this section prior to January 1, 2002, shall receive any increased benefit established in subparagraph (I) or (VI) of paragraph (b) of subsection (1) of this section on January 1, 2002, as applicable.
(a) The survivor benefits payable under the statewide death and disability plan established in this part 8 shall be redetermined effective October 1 each year, and such redetermined amount shall be payable for the following twelve months. To be eligible for redetermination, such benefits shall have been paid for at least twelve calendar months prior to the effective date of redetermination. The annual redetermination of benefits made pursuant to this section shall be in lieu of any other annual cost of living adjustment.
For the redetermination of survivor benefits payable pursuant to this section, theamount of the benefit on the effective date of the benefit shall be increased by a percentage to be determined by the board but not more than three percent for each full year contained in the period commencing with the effective date of the benefit and ending with the effective date of the redetermination.
The cost of the adjustment of benefits provided by this section shall be funded in thesame manner as other benefits established by this part 8.
Source: L. 96: Entire article added with relocations, p. 933, § 1, effective May 23. L. 99: (2) added, p. 375, § 2, effective January 1, 2000. L. 2001: (1) amended, p. 424, § 13, effective June 1; entire section amended, p. 80, § 1, effective January 1, 2002. L. 2002: (4) amended, p. 1029, § 57, effective June 1; IP(1)(a) and (1)(a)(II)(A) amended and (6) added, p. 181, § 10, effective October 1. L. 2007: (1)(a)(II)(A) amended, p. 271, § 3, effective March 29. L. 2012:
(1)(a)(II)(A) amended, (HB 12-1018), ch. 24, p. 65, § 5, effective August 8.
Editor's note: (1) This section was formerly numbered as § 31-30-1008 (1).
(2) Subsection (1) was amended in House Bill 01-1011. Those amendments were superseded by the amendment of the section in House Bill 01-1027, effective January 1, 2002.