§ 16-16-26 — § 16-16-26. Spouse's, former spouse divorced, or domestic partner's benefits.

§ 16-16-26. Spouse's, former spouse divorced, or domestic partner's benefits.

(a) Spouse's, former spouse divorced, and domestic partner's benefits are payable following the decease of a member as provided in §§ 16-16-25 — 16-16-38.

(b) The spouse, former spouse divorced, or domestic partner shall be entitled to benefits upon attaining the age of sixty (60) years.

(c) The spouse, former spouse divorced, or domestic partner was living with the deceased member at the time of the member's death. A spouse, former spouse divorced, or domestic partner is deemed to have been living with the deceased member if they were both members of the same household on the date of the deceased member's death, or the spouse, former spouse divorced, or domestic partner was receiving contributions from the deceased member toward support on that date, or the deceased member had been ordered by a court to contribute to the spouse's, former spouse divorced, or domestic partner's support.

(d) Remarriage of the spouse, former spouse divorced, or domestic partner or establishment of a domestic partnership shall render the person ineligible to receive current or future benefits under this section.

(e) The spouse or domestic partner of a member, as defined in this section, shall be entitled to monthly benefits payable in accordance with the following table:

		Spouse's or Domestic
	Highest Annual	Partner's Monthly
	Salary	Minimum Benefit
	$17,000 or less	$825
	$17,001 to $25,000	$963
	$25,001 to $33,000	$1,100
	$33,001 to $40,000	$1,238
	$40,001 and over	$1,375

(f) The former spouse divorced shall be entitled to monthly benefits, payable in accordance with the table provided in subsection (e) of this section, only if there are no dependent children, parents, or other spouse or domestic partner entitled to benefits.

(g) A yearly cost-of-living adjustment for spouse's, former spouse divorced, or domestic partner's benefits shall be based on the annual social security adjustment.

Legislative History

P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1985, ch. 248, § 1; P.L. 1987, ch. 590, § 1; P.L. 1996, ch. 295, § 1; P.L. 2004, ch. 547, § 1; P.L. 2007, ch. 510, § 6; P.L. 2017, ch. 412, § 1; P.L. 2017, ch. 413, § 1; P.L. 2023, ch. 329, § 1, effective June 24, 2023; P.L. 2023, ch. 330, § 1, effective June 24, 2023.