(1) (a) Survivor benefits may become payable if the deceased person was:
(I) A member who had earned at least one year of service credit; except that such one-year service requirement shall be waived if the death of the member was job-incurred; or
(II) An inactive member who had earned at least one year but less than five years of service credit with at least six months of the service credit earned within three years immediately preceding death and the board finds that the inactive member died from the same illness or injury which caused the termination of employment for such inactive member; or
(III) An inactive member who had earned at least five years of service credit.
(b) For the purposes of this part 9, unless the context otherwise requires, member means a deceased member or a deceased inactive member who meets the eligibility requirements for survivor benefits on the date of death of such member.
(2) In the event the member did not meet the service credit requirements specified in subsection (1) of this section, no survivor benefits shall be payable; however, a single payment shall be made to the named beneficiary of such member or, if no named beneficiary exists, to the estate of the member.
(3) Notwithstanding any other provisions of this part 9, unless otherwise indicated, survivor payments of DPS members shall be governed by sections 24-51-1735 to 24-51-1746. Pursuant to the portability provisions of part 17 of this article, any frozen accounts shall be treated as inactive and governed by the survivor provisions applicable to the frozen account.
Source: L. 87: Entire article R&RE, p. 1067, � 1, effective July 1. L. 88: (1)(a)(II) amended and (1)(a)(III) added, p. 961, � 11, effective July 1. L. 2009: (3) added, (SB 09-282), ch. 288, p. 1346, � 38, effective January 1, 2010.
Editor's note: This section is similar to former �� 24-51-117, 24-51-217, 24-51-612, and 24-51-803 as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.
24-51-905. Deceased member who was not eligible for service or reduced service retirement. (1) In accordance with the provisions of this part 9, if a member met the service credit requirements specified in section 24-51-904 (1)(a)(I) or (1)(a)(II) but did not meet the age and service credit requirements for service retirement as of the date of death, pursuant to the provisions of section 24-51-602 or 24-51-604, survivor benefits or a single payment shall be payable in the following order:
(a) To qualified children who are under twenty-three years of age;
(b) To the surviving spouse of the member if no qualified children specified in paragraph (a) of this subsection (1) exist;
(c) To qualified children who are twenty-three years of age or older if none of the persons specified in paragraphs (a) and (b) of this subsection (1) exist;
(d) To dependent parents if none of the persons specified in paragraphs (a) to (c) of this subsection (1) exist;
(e) To the named beneficiary if none of the persons specified in paragraphs (a) to (d) of this subsection (1) exist;
(f) To the estate of the deceased member if none of the persons specified in paragraphs (a) to (e) of this subsection (1) exist.
(2) If an inactive member who had earned at least five years of service credit dies, survivor benefits or a single payment shall be payable in the following order:
(a) To the surviving spouse;
(b) To the named beneficiary if no surviving spouse exists;
(c) To the estate of the deceased member if neither of the persons specified in paragraphs (a) and (b) of this subsection (2) exists.
Source: L. 87: Entire article R&RE, p. 1067, � 1, effective July 1. L. 88: (1) amended and (2) added, p. 961, � 12, effective July 1. L. 90: (1) R&RE, p. 1251, � 1, effective July 1. L. 97: IP(1) amended, p. 66, � 12, effective July 1.
Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.
24-51-906. Deceased member who was eligible for service or reduced service retirement. (1) In accordance with the provisions of this part 9, if a member met the age and service credit requirements for service retirement as of the date of death, pursuant to the provisions of section 24-51-602 or 24-51-604, survivor benefits or a single payment shall be payable in the following order:
(a) To the cobeneficiary;
(b) To the surviving spouse of the member if no cobeneficiary specified in paragraph (a) of this subsection (1) exists;
(c) To qualified children if none of the persons specified in paragraphs (a) and (b) of this subsection (1) exist;
(d) To dependent parents if none of the persons specified in paragraphs (a) to (c) of this subsection (1) exist;
(e) To the named beneficiary if none of the persons specified in paragraphs (a) to (d) of this subsection (1) exist;
(f) To the estate of the deceased member if none of the persons specified in paragraphs (a) to (e) of this subsection (1) exist.
Source: L. 87: Entire article R&RE, p. 1068, � 1, effective July 1. L. 97: IP(1) amended, p. 67, � 13, effective July 1.
Editor's note: This section is similar to former �� 24-51-125, 24-51-806, and 24-51-807 as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.