§ 19-11-116 — Payment of death and survivor benefits; state retirement

(a) The employee's period of service in the uniformed
services shall be counted as creditable service in the state
retirement system in which he was a member for determining
eligibility for death and survivor benefits and in the
computation of benefits, provided that the following conditions
are satisfied:
(i) The beneficiary of the death or survivor benefits
shall provide payment of the unpaid portion of the contributions
of the deceased member. The beneficiary may agree in writing to
have the payment of the unpaid portion of the contributions of
the deceased member deducted from the benefits over a period not
to exceed four (4) years. The beneficiary may pay, in the
alternative, the actuarial cost of such additional credit in a
lump sum prior to the distribution of benefits;
(ii) If there is more than one (1) beneficiary a
written agreement to pay the unpaid contributions of the
deceased member shall be unanimous. In the event that a
recipient is a minor child the legal guardian of the minor child
may express consent for the minor child;
(iii) The board of trustees of every state retirement
system shall adopt a written policy covering all beneficiaries'
and survivors' rights to pay the required contributions in order
to have the employee's military service computed in the
computation of any death or survivor benefits payable under the
state retirement system.
(b) If all of the conditions of subsection (a) of this
section are satisfied the employer shall pay the employer
contributions in a manner consistent with this section.
(c) If the beneficiary of the death or survivor benefits
of the deceased member elects not to pay the employee
contributions due the system on account for such service in the
uniformed services credit, the computation of death and survivor
benefits shall be based on the actual service of the member in
the system prior to his call to service in the uniformed
services. The death or survivor benefits provided for herein
shall be due and payable upon the death of the member.
(d) If the application of any provision set forth in this
section results in an unpaid actuarial cost to the retirement
system, it shall be borne by the employers through reflection in
the employer rate established by the state retirement system's
actuarial committee.