Section 38.1627 - Nonduty related death prior to effective date of retirement; payment to surviving spouse or children; payment to deceased member's estate; prohibited payment; commencement of ret
STATE POLICE RETIREMENT ACT OF 1986 (EXCERPT)
Act 182 of 1986
38.1627 Nonduty related death prior to effective date of retirement; payment to surviving spouse or children; payment to deceased member's estate; prohibited payment; commencement of retirement allowance.
Sec. 27.
(1) If a member continues as a member of the retirement system on or after the date he or she acquires 10 years of service credit and suffers a nonduty related death leaving a surviving spouse prior to the effective date of the member's retirement, while a member of the retirement system, the surviving spouse shall be entitled to receive a retirement allowance equal to 2.4% of the member's final average compensation times the number of years, including any fraction of a year, of service credited to the member pursuant to this act or former Act No. 251 of the Public Acts of 1935, or both, but not to exceed 25 years, as if the member had retired effective the day preceding the date of death and nominated the spouse as beneficiary. If there is not a surviving spouse, or upon the spouse's death, then the retirement allowance shall be paid to the children under the age of 18 years of the member, share and share alike. Upon the spouse's death, if there are not eligible children, there shall be paid to the deceased member's estate any residual accumulated contributions and interest made by him or her into the reserve for employee contributions. A retirement allowance shall not be payable under this section if a retirement allowance is payable under any other section of this act.
(2) Payment of the retirement allowance shall begin the first day of the calendar month next following the month in which the member died.
History: 1986, Act 182, Eff. Oct. 1, 1986