§ 21-5-707 — Eligibility of children for death benefits

(a) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a natural child to be eligible to receive benefits under this subchapter: (1) The natural child must have been born prior to the date of the covered public employee's death or total and permanent disability; or (2) The covered public employee or the covered public employee's spouse must have been pregnant with the natural child at the time of the covered public employee's death or total and permanent disability. (b) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for an adopted child to be eligible to receive benefits under this subchapter: (1) The adopted child must have been adopted prior to the date of the covered public employee's death or total and permanent disability; or (2) The adopted child's adoption process must have begun prior to the date of the covered public employee's death or total and permanent disability. (c) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a stepchild under nineteen (19) years of age to be eligible to receive benefits under this subchapter: (1) The stepchild must have been listed as a dependent on the covered public employee's federal and state income tax returns for each of the five (5) income years immediately prior to the date of the covered public employee's death or total and permanent disability; and (2) The stepchild must have received more than one-half (1/2) of his or her financial support from the covered public employee in each of the five (5) income years immediately prior to the date of the covered public employee's death or total and permanent disability. (d) Unless designated as the beneficiary of a covered public employee under § 21-5-708 , in order for a stepchild nineteen (19) years of age or older to be eligible to receive benefits under this subchapter: (1) The stepchild must have been listed as a dependent on the covered public employee's federal and state income tax returns in each of the five (5) previous income years; and (2) The stepchild must have received more than one-half (1/2) of his or her financial support from the covered public employee in each of the five (5) previous income years.

Legislative History

Acts 1997, No. 547, § 7; 2005, No. 1962, § 101; 2009, No. 1313, § 2.