§ 8-3-11 - Allowances to surviving spouses, domestic partners or minor children of deceased justices.
SECTION 8-3-11
§ 8-3-11 Allowances to surviving spouses,domestic partners or minor children of deceased justices. – (a) Whenever any justice of the supreme court, the superior court, the familycourt, or the district court who was engaged as a judge prior to January 1,2009, dies after retirement or during active service while eligible forretirement, or during active service after having served fifteen (15) years ormore in office, his or her surviving spouse or domestic partner shall receiveannually thereafter, during his or her lifetime and so long as he or sheremains unmarried or not in a domestic partnership, an amount equal to one-half(1/2) of the annual payment that the justice was receiving by way of salary orretirement pay at the time of his or her death. Whenever a justice of any ofthe courts shall die without having become eligible to retire either under§ 8-3-7 or 8-3-8 and has served seven (7) years or more in office, his orher surviving spouse or domestic partner shall receive annually thereafter,during his or her lifetime and so long as he or she remains unmarried or not ina domestic partnership, one-third ( 1/3) of the annual salary that the justicewas receiving at the time of his or her death. Whenever a justice of the courtsshall die without having become eligible to retire either under § 8-3-7 or8-3-8 and has not served seven (7) years in office, his or her surviving spouseor 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-fourth (1/4) of the annual salary that the justice wasreceiving at the time of his or her death.
(b) Any justice of the courts who is engaged as a judge on orafter January 1, 2009, and prior to July 1, 2009 may elect to receiveretirement pay that is reduced by an additional ten percent (10%) of theaverage of the highest three (3) consecutive years annual compensation (i.e.,ninety percent (90%) reduced to eighty percent (80%) or seventy percent (70)reduced to sixty percent (60%)), and where such option is exercised by givingthe general treasurer notice in writing thereof within ninety (90) days afterthe date of his or her retirement his or her surviving spouse or domesticpartner or minor children shall receive annually one-half (1/2) of his or herretirement pay during his or her lifetime so long as he or she remainsunmarried or not in a domestic partnership, or the children are undertwenty-one (21) years of age provided, however, for any justice engaged on orafter July 1, 2009, the reduction shall be based on the average of thehighest five (5) consecutive years annual compensation.
(c) Whenever any justice of the supreme court, the superiorcourt, the family court, or the district court who was engaged as a judge on orafter January 1, 2009, dies during active service while eligible forretirement, or during active service after having served fifteen (15) years ormore in office, his or her surviving spouse or domestic partner shall receiveannually thereafter, during his or her lifetime and so long as he or sheremains unmarried or not in a domestic partnership, an amount equal to one-half(1/2) of the annual payment that the justice was receiving by way of salary.
(d) Whenever a justice of any of the courts who was engagedas a judge on or after January 1, 2009, shall die without having becomeeligible to retire either under § 8-3-7 or 8-3-8 and has served seven (7)years or more in office, his or her surviving spouse or domestic partner shallreceive annually thereafter, during his or her lifetime and so long as he orshe remains unmarried or not in a domestic partnership, one-third (1/3) of theannual salary that the justice was receiving at the time of his or her death.
(e) Whenever a justice of the courts who was engaged as ajudge on or after January 1, 2009, shall die without having become eligible toretire either under § 8-3-7 or 8-3-8 and has not served seven (7) years ormore in office, his or her surviving spouse or domestic partner shall receiveannually thereafter, during his or her lifetime and so long as he or sheremains unmarried or not in a domestic partnership, one-fourth (1/4) of theannual salary that the justice was receiving at the time of his or her death.
(f) In the event the deceased justice shall have no survivingspouse or domestic partner, or the surviving spouse or domestic partner shouldpredecease their minor children, then the benefits conferred by this sectionshall be received in equal shares by the minor children, if any, until eachshall attain the age of twenty-one (21) years.