49-12-405 - Death of married member -- Service retirement benefits to surviving spouse.
49-12-405. Death of married member -- Service retirement benefits to survivingspouse.
(1) Upon the request of a deceased member's lawful spouse at the time of the member'sdeath, the deceased member is considered to have retired under Option Three on the first day ofthe month following the month in which the member died if the following requirements are met:
(a) the member has:
(i) 25 or more years of service credit;
(ii) attained age 60 with 20 or more years of service credit;
(iii) attained age 62 with 10 or more years of service credit; or
(iv) attained age 65 with four or more years of service credit; and
(b) the member dies leaving a spouse to whom the member has been married at least sixmonths immediately prior to the death date.
(2) The spouse who requests a benefit under this section shall apply in writing to theoffice. The allowance shall begin on the first day of the month:
(a) following the month in which the member died, if the application is received by theoffice within 90 days of the member's death; or
(b) in which the application is received by the office.
(3) The Option Three benefit calculation, when there are 25 or more years of servicecredit, shall be calculated without a reduction in allowance under Section 49-12-402.
(4) Except for a return of member contributions, benefits payable under this section areretirement benefits and shall be paid in addition to any payments made under Section 49-12-501and constitute a full and final settlement of the claim of the spouse or any other beneficiary filingclaim for benefits under Section 49-12-501.
Amended by Chapter 116, 2005 General Session