(a) Family benefits shall be payable upon the decease of the member as provided in §§ 16-16-25 through 16-16-38 if at the time of the member's death the surviving spouse or domestic partner:
(1) Has in his or her care a child of the deceased member entitled to child benefits;
(2) Is not entitled to a spouse's or domestic partner's benefit as provided in this chapter; and
(3) Was living with the deceased member at the time of his or her death.
(b) Family benefits shall be payable in accordance with the following table.
The monthly benefit shall be equal to the benefit that would be available to a spouse or domestic partner under § 16-16-26 multiplied by the following percentages:
| Parent and 1 Child | Parent and 2 Children | Parent and more than 2 Children | One Child Alone | Two Children Alone | Three or more Children Alone |
| 150% | 175% | 175% | 75% | 150% | 175% |
(c) Family benefits as set forth in this section are payable to the former spouse or to a former domestic partner divorced of a deceased member, if the former spouse or to a former domestic partner divorced:
(1) Has in his or her care a child of the deceased member who is his or her son, daughter, or legally adopted child entitled to child benefits payable on the basis of the deceased member's salary;
(2) Was receiving from the deceased member, pursuant to agreement or court order, at least one-half (1/2) of his or her support at the time of the deceased member's death;
(3) Is not entitled to a spouse's or domestic partner's benefit as provided in §§ 16-16-25 through 16-16-38.
(d) The family monthly benefit shall be payable in accordance with the table set forth in this section. A spouse or domestic partner who no longer qualifies for benefits under this section because his or her child or children have attained the age of eighteen (18) years or twenty-three (23) years and a full time student shall be entitled to receive monthly benefits upon attaining sixty (60) years of age in accordance with the benefits set forth in § 16-16-26. The family benefits provided under this section shall cease upon the remarriage of the surviving spouse or domestic partner or establishment of a domestic partnership.
History of Section.
P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1986, ch. 498, § 1; P.L. 1989, ch. 485, § 1; P.L. 1996, ch. 295, § 1; P.L. 2007, ch. 510, § 6.