286.6765 - Payments to spouse if deceased member was eligible to retire.
286.6765 Payments to spouse if deceased member was eligible to retire.
1. Except as limited by subsection 2, the spouse of a deceased member who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by option 2 in NRS 286.590. This section does not apply to the spouse of a member who was eligible to retire only under subsection 6 of NRS 286.510. For the purposes of applying the provisions of option 2, the deceased member shall be deemed to have retired on the date of the member’s death immediately after having named the spouse as beneficiary under option 2. The benefits provided by this section must be paid to the spouse for the remainder of the spouse’s life. The spouse may elect to receive the benefits provided by any one of the following only:
(a) This section;
(b) NRS 286.674;
(c) NRS 286.676; or
(d) NRS 286.6766.
2. The benefits provided by this section may only be paid to the spouses of members who died on or after May 19, 1975.
(Added to NRS by 1981, 442; A 1999, 973)
NRS 286.6766 Payment in lump sum to spouse; exception. Any spouse eligible for payments under the provisions of NRS 286.674 or 286.676 may elect to waive payment of a monthly allowance and to receive instead in a lump sum a refund of all contributions to the Public Employees’ Retirement Fund or the Police and Firefighters’ Retirement Fund made by a deceased member plus any contributions made by a public employer in lieu of the employee’s contributions, but if more than one person is eligible for benefits on account of the contributions of any one deceased member, no such lump-sum payment may be made.
(Added to NRS by 1963, 985; A 1975, 1060; 1977, 1595; 1983, 488; 2003, 2066)