§ 8-3-11. Allowances to surviving spouses, domestic partners or minor children of deceased justices.
(a) Whenever any justice of the supreme court, the superior court, the family court, or
the district 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 (½) of the annual payment that the justice was receiving by way
of salary or retirement pay at the time of his or her death. Whenever a justice of
any of the courts shall die without having become eligible to retire either under
§â€‚8-3-7 or 8-3-8 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 justice was receiving at the time of his or her death.
Whenever a justice of the courts shall die without having become eligible to retire
either under §â€‚8-3-7 or 8-3-8 and has not served seven (7) years 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-fourth (¼) of
the annual salary that the justice was receiving at the time of his or her death.
(b) Any justice of the courts who is engaged as a judge on or after January 1, 2009, and
prior to July 1, 2009 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 justice engaged on or after July 1, 2009 but prior to July 1, 2012, the reduction
shall be based on the average of the highest five (5) consecutive years annual compensation.
(c)(1) Any justice 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 justice 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 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 justice 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 justice 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 justice'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 justice's retirement
benefit determined in the case of an election under this section as of the date of
the justice's retirement.
(3) A justice selecting more than one person to receive benefits under this section may
only select beneficiaries from among his or her children, adopted children, step-children,
and/or spouse or domestic partner.
(d) Whenever any justice of the supreme court, the superior court, the family court, or
the district 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 justice was receiving by way of salary.
(e) Whenever a justice of any of the courts who was engaged as a judge on or after January
1, 2009, shall die without having become eligible to retire either under §â€‚8-3-7 or 8-3-8 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
(â…“) of the annual salary that the justice was receiving at the time of his or her
death.
(f) Whenever a justice of the courts who was engaged as a judge on or after January 1,
2009, shall die without having become eligible to retire either under §â€‚8-3-7 or 8-3-8 and has not 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-fourth
(¼) of the annual salary that the justice was receiving at the time of his or her
death.
(g) In the event the deceased justice shall have no surviving spouse or domestic partner,
or the surviving spouse or domestic partner should predecease their minor children,
then the benefits conferred by this section shall be received in equal shares by the
minor children, if any, until each shall attain the age of twenty-one (21) years.