§ 24-6-218 — Benefits - Survivors' benefits upon death of officer killed in line of duty while not member of system - Definition

(a) (1) In the event any uniformed employee of the Division of Arkansas State Police is killed while in the performance of his or her duties, yet the surviving spouse and surviving children of the uniformed employee of the division are deprived of receiving benefits as prescribed in § 24-6-217 because the uniformed employee was not a member of the system at the time of his or her death, or had not completed any probationary period of service required by rules of the Arkansas State Police Commission, or had not obtained sufficient service for benefits, the surviving spouse may make application to the Board of Trustees of the State Police Retirement System. (2) Upon establishing proof of the facts set forth in this subsection, the surviving spouse and surviving children shall be eligible for and receive survivors' benefits for himself or herself and the unmarried children of the deceased uniformed employee who was killed in the line of duty, which children are under eighteen (18) years of age or twenty-two (22) years of age while enrolled in an institution of higher education, as provided in § 24-6-217 . (b) Upon the reaching of eighteen (18) years of age by the unmarried children or the failure to enroll in an institution of higher education if the child is under twenty-two (22) years of age, the surviving spouse shall continue to receive benefits as provided by law, but upon his or her remarriage or death, the benefits shall terminate. (c) It is the specific intent of this section that surviving spouses as described in this section be eligible for survivors' benefits for themselves and any unmarried children under eighteen (18) years of age of the deceased uniformed employee of the division who was killed in the line of duty, or any children under twenty-two (22) years of age while enrolled in an institution of higher education, irrespective of whether the employee was a member of, or was eligible for benefits under, the State Police Retirement System at the time of his or her death. (d) Upon certification of these facts by the board, the Secretary of the Department of Finance and Administration shall direct the Treasurer of State to transfer from the Division of Arkansas State Police Fund, annually, to the State Police Retirement Fund an amount equal to the funds expended from the State Police Retirement Fund for the payment of survivors' benefits as authorized in this section in order to reimburse the State Police Retirement Fund therefor. (e) (1) For purposes of this section, "an institution of higher education" means any public university, college, community college, and any nonpublicly supported not-for-profit college or university. (2) The board is hereby authorized to establish through rules a means of verification of enrollment in an institution of higher education by a surviving child under this section for purposes of continuation of pension benefits.

Legislative History

Amended by Act 2019, No. 315,§ 2877, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2876, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3558, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3557, eff. 7/1/2019. Acts 1967, No. 309, § 1; A.S.A. 1947, § 42-460; Acts 1989, No. 529, § 3.