(1)(a) If a member dies
while in active service or while on temporary occupational disability under section
31-31-803 (2.2) and leaves a surviving spouse or dependent children, or both, one of
the survivor benefits described in paragraph (b) of this subsection (1) shall be paid if
the member:
(I)Is not eligible for a normal retirement pension under an old hire pension
plan established pursuant to article 30.5 of this title that provides for
postretirement survivor benefits to a spouse and dependent children in the event
the member dies in active service while eligible for normal retirement; and
(II)(A) Is not eligible for the normal retirement pension from a plan that is
part of the defined benefit system pursuant to section 31-31-204; or
(B)Has not reached age fifty-five wi
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(1) (a) If a member dies
while in active service or while on temporary occupational disability under section
31-31-803 (2.2) and leaves a surviving spouse or dependent children, or both, one of
the survivor benefits described in paragraph (b) of this subsection (1) shall be paid if
the member:
(I) Is not eligible for a normal retirement pension under an old hire pension
plan established pursuant to article 30.5 of this title that provides for
postretirement survivor benefits to a spouse and dependent children in the event
the member dies in active service while eligible for normal retirement; and
(II) (A) Is not eligible for the normal retirement pension from a plan that is
part of the defined benefit system pursuant to section 31-31-204; or
(B) Has not reached age fifty-five with twenty-five years of accumulated
service as a member and is a participant under the statewide money purchase plan
pursuant to part 5 of this article or under a local money purchase plan.
(b) One of the following survivor benefits shall be paid if the requirements of
paragraph (a) of this subsection (1) are satisfied:
(I) When there is a surviving spouse and no dependent children, the monthly
benefit shall be forty percent of the monthly base salary paid to such member
immediately preceding death.
(II) When there is a surviving spouse and one dependent child, the monthly
benefit shall be forty percent of the monthly base salary paid to such member
immediately preceding death.
(III) When there is a surviving spouse and two or more dependent children,
the monthly benefit shall be fifty percent of the monthly base salary paid to such
member immediately preceding death.
(IV) When there is no surviving spouse and three or more dependent children,
the monthly benefit shall be fifty percent of the monthly base salary paid to such
member immediately preceding death.
(V) When there is no surviving spouse and two dependent children, the
monthly benefit shall be forty percent of the monthly base salary paid to such
member immediately preceding death.
(VI) When there is no surviving spouse and one dependent child, the monthly
benefit shall be forty percent of the monthly base salary paid to such member
immediately preceding death.
(2) Any benefit provided in accordance with this section to the surviving
spouse or dependent child of a member who dies while in active service shall
terminate upon the death of the surviving spouse or upon the death or termination
of dependency of such dependent child, as defined in section 31-31-801 (2), as
applicable.
(3) (a) When there is a surviving spouse and one dependent child residing in a
separate household from the surviving spouse, the surviving spouse shall receive
twenty-five percent of the monthly base salary and the child shall receive the
balance of the benefit pursuant to subparagraph (II) of paragraph (b) of subsection
(1) of this section.
(b) When there is a surviving spouse and two or more dependent children
residing in a separate household from the surviving spouse, the surviving spouse
shall receive twenty-five percent of the monthly base salary and the children shall
receive the balance of the benefit pursuant to subparagraph (III) of paragraph (b) of
subsection (1) of this section.
(c) Upon the termination of the benefit payable to the child or children
pursuant to paragraph (a) or (b) of this subsection (3), the surviving spouse shall
receive the benefit pursuant to subparagraph (I) of paragraph (b) of subsection (1) of
this section.
(4) In the event that a survivor benefit is payable for the benefit of more than
one dependent child of the member pursuant to subparagraph (III), (IV), or (V) of
paragraph (b) of subsection (1) of this section and the dependent children reside in
separate households from each other, the benefit shall be divided equally among
the children.
(5) Any surviving spouse or dependent child receiving benefits pursuant to
subparagraph (I) or (VI) of paragraph (b) of subsection (1) of this section prior to
January 1, 2002, shall receive any increased benefit established in subparagraph (I)
or (VI) of paragraph (b) of subsection (1) of this section on January 1, 2002, as
applicable.
(6) (a) The survivor benefits payable under the statewide death and disability
plan established in this part 8 shall be redetermined effective October 1 each year,
and such redetermined amount shall be payable for the following twelve months.
To be eligible for redetermination, such benefits shall have been paid for at least
twelve calendar months prior to the effective date of redetermination. The annual
redetermination of benefits made pursuant to this section shall be in lieu of any
other annual cost of living adjustment.
(b) For the redetermination of survivor benefits payable pursuant to this
section, the amount of the benefit on the effective date of the benefit shall be
increased by a percentage to be determined by the board but not more than three
percent for each full year contained in the period commencing with the effective
date of the benefit and ending with the effective date of the redetermination.
(c) The cost of the adjustment of benefits provided by this section shall be
funded in the same manner as other benefits established by this part 8.