Death benefit -- Eligibility for death benefit -- Benefit calculation -- Payment of claim.

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  • (1) The office shall provide a death benefit for members of this system.
  • (2) The board shall make rules to administer the death benefit provided by this section and may, in accordance with federal law, establish:
    • (a) benefit levels;
    • (b) classes of members; and
    • (c) a living benefit option.
  • (3) This death benefit is payable when:
    • (a) the member dies prior to the member's retirement date or dies under circumstances which Section 49-13-402 requires to be treated as the death of a member before retirement;
    • (b) the office receives acceptable proof of death; and
    • (c) benefits are not payable under Section 49-13-404.
  • (4) The death benefit payable to the beneficiary under this section is a lump-sum payment consisting of:
    • (a) the return of any member contributions under this chapter; plus
    • (b) a percentage of the final average salary of the member to be determined by the board.
  • (5) Any amount of a living benefit option paid to the member prior to death shall be deducted from the benefit payable to the beneficiary.
  • (6) The cost of the death benefit shall be paid by the participating employer as a portion of the contribution rate established under Section 49-13-301.
  • (7) The portion of the death benefit provided under Subsection (4)(b), may not be paid to the beneficiary of an inactive member unless:
    • (a) that member has 10 or more years of service credit prior to July 1, 1987; or
    • (b) the death of the member occurs either:
      • (i) within a period of 120 days after the last day of work for which the person received compensation; or
      • (ii) while the member is still physically or mentally incapacitated from performance of duties, if the incapacity has been continuous since the last day of work for which compensation was received.
  • (8) The death benefit provided under Subsection (4)(b) shall be paid in accordance with Sections 49-11-609 and 49-11-610.
  • (9) The death benefit paid to the beneficiary of an inactive member, except as otherwise provided under Subsection (7), is a lump-sum return of the member's member contributions.
  • (10) Payment of the death benefit by the office constitutes a full settlement of any beneficiary's claim against the office and the office is not liable for any further or additional claims or assessments on behalf of the member.
  • (11) Unless otherwise specified in a written document filed with the office, death benefits payable to beneficiaries shall be in accordance with the order of precedence established under Title 75, Chapter 2, Intestate Succession and Wills.
  • (12) A death benefit under this section may not be paid on behalf of a retiree under this system.




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