§ 28-30-17 - Allowance to surviving spouses and domestic partners of deceased judges.
SECTION 28-30-17
§ 28-30-17 Allowance to surviving spousesand domestic partners of deceased judges. – (a) Whenever any judge of the workers' compensation court who was engaged as ajudge prior to January 1, 2009 dies after retirement or during active servicewhile eligible for retirement or during active service after having servedfifteen (15) years or more in office, his or her surviving spouse or domesticpartner shall receive annually thereafter during his or her lifetime and solong as he or she remains unmarried or not in a domestic partnership, an amountequal to one-half ( 1/2) of the annual payment that the judge was receiving byway of salary or retirement pay at the time of his or her death.
(b) For those engaged as a judge on or after January 1, 2009,and prior to July 1, 2009, the judge may elect to receive retirement pay thatis reduced by an additional ten percent (10%) of the average of the highestthree (3) consecutive years annual compensation (i.e., ninety percent (90%)reduced to eighty percent (80%) or seventy percent (70%) reduced to sixtypercent (60%)) and where such option is exercised by giving the generaltreasurer notice in writing thereof within ninety (90) days after the date ofhis or her retirement his or her surviving spouse or domestic partner or minorchildren shall receive annually one-half (1/2) of his or her retirement payduring his or her lifetime so long as he or she remains unmarried or not in adomestic partnership, or the children are under twenty-one (21) years of age;provided, however, for any judge engaged on or after July 1, 2009, thereduction shall be based upon the average of the highest five (5) yearsconsecutive annual compensation.
(c) Whenever a judge of the workers' compensation court dieswithout having become eligible to retire either under § 28-30-15 or28-30-16 and has served seven (7) years or more in office, his or her survivingspouse or domestic partner shall receive annually thereafter during his or herlifetime and so long as he or she remains unmarried or not in a domesticpartnership one-third ( 1/3) of the annual salary that the judge was receivingat the time of his or her death.
(d) Whenever any judge of the workers' compensation court whowas engaged as a judge on or after January 1, 2009 dies during active servicewhile eligible for retirement or during active service after having servedfifteen (15) years or more in office, his or her surviving spouse or domesticpartner shall receive annually thereafter during his or her lifetime and solong as he or she remains unmarried or not in a domestic partnership, an amountequal to one-half (1/2) of the annual payment that the judge was receiving byway of salary or retirement pay at the time of his or her death.
(e) Whenever a judge of the workers' compensation court dieswithout having become eligible to retire either under § 28-30-15 or28-30-16 and has not served seven (7) years in office, his or her survivingspouse or domestic partner shall subsequently receive annually during his orher lifetime and so long as he or she remains unmarried or not in a domesticpartnership, one fourth ( 1/4) of the annual salary that the judge wasreceiving at the time of his or her death.
(f) In the event the deceased judge has no surviving spouseor domestic partner or the surviving spouse or domestic partner predeceasestheir minor children, the benefits conferred by this section shall be receivedin equal shares by the minor children, if any, until each attains the age oftwenty-one (21) years.