Title 47, Chapter 23, Section 105
( 47-23-105)
(a)(1) Except as otherwise provided by subsection (b) of this Code
section, each member of this retirement system shall pay for
spouses' benefits an employee contribution of 2 1/2 percent of the
salary paid to such member. Such contribution shall be in addition
to that required under Article 5 of this chapter. The employing
unit shall be authorized to deduct monthly the employee
contributions required for spouses' benefits. Such contribution
shall cease after the member has paid the contribution for a total
of 16 years. (2) Upon the death of a member who is subject to this subsection
and who has attained a minimum of ten years of creditable service
and at least 60 years of age, the surviving spouse of such member
shall be entitled to receive for life a monthly sum equal to 50
percent of the retirement benefit which the member was receiving
at the time of the member's death, if retired at such time, or
which would have been payable to the member had the member retired
as of the date of the member's death. (3) Upon the death of a member who became a member by operation of Code Section 47-23-40 and who has attained a minimum of ten years of creditable service but had not attained age 60 at the time of death, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit the member would have received had the member continued in service and retired at age 60. (4) Upon the death of a member other than a member who became a member by operation of Code Section 47-23-40 and who has attained a minimum of ten years of creditable service but had not attained age 60 at the time of death, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit the member would have received as if the member were age 60 on the date of death based on the number of years of creditable service the member had on the date of death. (b)(1) Any member of this retirement system shall have the right
to reject the spouses' benefits provided by this Code section by
notifying the board in writing of such rejection on a form to be
supplied by the board within 90 days after becoming a member. (2) Any member who becomes a member of this retirement system by operation of Code Section 47-23-40 who rejected the spouses' benefits provided by this Code section pursuant to paragraph (1) of this subsection may subsequently obtain such benefits by so notifying the board in writing and by tendering all amounts which such member would have paid pursuant to subsection (a) of this Code section if such member had not rejected such benefits, together with regular interest thereon. (c) If the spouse of a member dies or if a member ceases to be
married, then such member who has elected to obtain spouses'
benefits pursuant to this Code section may cease making the employee
contributions for spouses' benefits. Such member shall notify the
board in writing to cease deducting such employee contributions.
Such notice shall be given within 90 days after the date of the
death of the spouse or after the date the member ceases to be
married; and, upon such notification, no further deductions shall be
made. When a member ceases to make such employee contributions,
there shall be no return of such contributions previously made by
such member. (d) Any member of this retirement system who rejects spouses'
benefits coverage or who ceases such coverage pursuant to subsection
(c) of this Code section because such member was unmarried at the
time of such rejection, because such member's spouse died, or
because such member ceased to be married shall have the option to
elect spouses' benefits within 90 days after becoming married or
remarried, as the case may be. Any member so electing must make the
necessary contributions for spouses' benefits coverage for a total
of at least ten years with regular interest thereon in order for
such member's spouse to qualify for the spouses' benefits provided
for by this Code section. (e) In order to vest for spouses' benefits, the member must have
made the employee contributions for such benefits for at least ten
years. (f) Any member may designate a natural person other than his or her
spouse to receive a survivors benefit in the same manner and under
the same conditions as provided for spouses' benefits; provided,
however, that any person so designated shall receive a benefit equal
to the normal spouse's benefit actuarially reduced in accordance to
such person's projected life span. |