Effective as of July 1, 2002, in the event a firefighter or police officer retires under the supplemental pension system established by Subpart 1, after having accumulated 20 years of credited service under the system and shall die prior to the date on which the participant would have accumulated 30 years of credited service under this system had he or she not retired but had he or she continued in employment with the city, without interruption, as a firefighter or police officer, the participant’s survivor or survivors shall not receive any benefit therefrom. However, should the retired firefighter or police officer die subsequent to the date on which he or she would have accumulated 30 years of credited service hereunder, and should the retiree or participant be survived by a spouse to whom he or she was legally married at the time of the retiree’s or participant’s death, regardless of whether the marriage occurred before or after the retiree’s departure from service, the surviving spouse shall be entitled to receive until such time as the spouse should remarry, a monthly survivor’s benefit in the amount equal to 60 percent of the monthly retirement benefit which the retiree was receiving or entitled to receive on the date of his or her death as if the surviving spouse or survivors was entitled to a benefit under Section 45-37A-51.228 and Section 45-37A-51.229. If a survivor’s benefit ceases because the survivor remarries, in the event the marriage is terminated by annulment, divorce, or death of the survivor’s spouse, then on such termination the survivor again shall be eligible to receive the survivor’s benefits.
Last modified: May 3, 2021