§ 16-16-26. Spouse's or domestic partner's benefits.
(a) Spouse's 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 or domestic partner shall be entitled to benefits upon attaining the age of sixty (60) years.
(c) The spouse or domestic partner was living with the deceased member at the time of the member's death. A spouse 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 or domestic partner was receiving regular 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 or domestic partner's support.
(d) Remarriage of the spouse or domestic partner or establishment of a domestic partnership shall render him or her 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:
|Highest or Annual Salary||Spouse's Domestic Partner's Monthly 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) A yearly cost-of-living adjustment for spouse's or domestic partner's benefits shall be based on the annual social security adjustment.
(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.)