§ 28-30-17. Allowance to surviving spouses, domestic partners of deceased judges.
(a) Whenever any judge of the workers' compensation court who was engaged as a judge prior
to January 1, 2009, dies after retirement or during active service while eligible
for retirement or during active service after having served fifteen (15) years or
more in office, his or her surviving spouse or domestic partner shall receive annually
thereafter during his or her lifetime and so long as he or she remains unmarried or
not in a domestic partnership, an amount equal to one-half (1/2) of the annual payment that the judge was receiving by way of salary or retirement
pay at the time of his or her death.
(b) For those engaged as a judge on or after January 1, 2009, and prior to July 1, 2009,
the judge may elect to receive retirement pay that is reduced by an additional ten
percent (10%) of the average of the highest three (3) consecutive years annual compensation
(i.e., ninety percent (90%) reduced to eighty percent (80%) or seventy percent (70%)
reduced to sixty percent (60%)) and where such option is exercised by giving the general
treasurer notice in writing thereof within ninety (90) days after the date of his
or her retirement his or her surviving spouse or domestic partner or minor children
shall receive annually one-half (½) of his or her retirement pay during his or her
lifetime so long as he or she remains unmarried or not in a domestic partnership,
or the children are under twenty-one (21) years of age; provided, however, for any
judge engaged on or after July 1, 2009, the reduction shall be based upon the average
of the highest five (5) years consecutive annual compensation.
(c)(1) Any judge of the courts who is engaged as a judge on or after July 1, 2012, and who
elects to receive a retirement pay that is reduced, shall receive a lesser retirement
allowance as determined by actuarial calculation, which shall be payable throughout
life with the provision that:
(i) Option 1. Upon the justice's death, the justice's lesser retirement allowance shall be continued
throughout the life of and paid to such person having an insurable interest in the
justice's life, as the judge shall nominate by written designation duly acknowledged
and filed with the retirement board at the time of his or her retirement;
(ii) Option 2. Upon the justice's death, one-half (½) of the judge's lesser retirement allowance
shall be continued throughout the life of and paid to such person having an insurable
interest in the judge's life as the judge shall nominate by written designation duly
acknowledged and filed with the retirement board at the time of the beneficiary's
retirement.
(2) For purposes of any election under this section the judge may designate more than
one person to receive benefits after his or her death, provided that the designation
shall specify the portion of the actuarial equivalent of the judge's retirement allowance
to be paid to each person, and provided further that the aggregate actuarial value
of the portions shall not exceed the actuarial equivalent of the judge's retirement
benefit determined in the case of an election under this section as of the date of
the judge's retirement.
(3) A judge selecting more than one person to receive benefits under this section may
only select beneficiaries from among his or her children, adopted children, stepchildren,
and/or spouse or domestic partner.
(d) Whenever a judge of the workers' compensation court dies without having become eligible
to retire either under § 28-30-15 or § 28-30-16 and has served seven (7) years or more in office, his or her surviving spouse or
domestic partner shall receive annually thereafter during his or her lifetime and
so long as he or she remains unmarried or not in a domestic partnership one-third
(1/3) of the annual salary that the judge was receiving at the time of his or her death.
(e) Whenever any judge of the workers' compensation court who was engaged as a judge on
or after January 1, 2009, dies during active service while eligible for retirement
or during active service after having served fifteen (15) years or more in office,
his or her surviving spouse or domestic partner shall receive annually thereafter
during his or her lifetime and so long as he or she remains unmarried or not in a
domestic partnership, an amount equal to one-half (½) of the annual payment that the
judge was receiving by way of salary or retirement pay at the time of his or her death.
(f) Whenever a judge of the workers' compensation court dies without having become eligible
to retire either under § 28-30-15 or § 28-30-16 and has not served seven (7) years in office, his or her surviving spouse or domestic
partner shall subsequently receive annually during his or her lifetime and so long
as he or she remains unmarried or not in a domestic partnership, one-fourth (1/4) of the annual salary that the judge was receiving at the time of his or her death.
(g) In the event the deceased judge has no surviving spouse or domestic partner or the
surviving spouse or domestic partner predeceases their minor children, the benefits
conferred by this section shall be received in equal shares by the minor children,
if any, until each attains the age of twenty-one (21) years.