US Laws, Codes, Statutes & Cases

    (a) Whenever any justice of the supreme court, the superior court, the family court, or the district court dies after retirement or during active service while eligible for retirement, or during active service after having served fifteen (15) years or more in office, his or her surviving spouse shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried, an amount equal to one-half (1/2) of the annual payment that the justice was receiving by way of salary or retirement pay at the time of his or her death. Whenever a justice of any of the courts shall die without having become eligible to retire either under § 8-3-7 or 8-3-8 and has served seven (7) years or more in office, his or her surviving spouse shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried, one-third ( 1/3) of the annual salary that the justice was receiving at the time of his or her death. Whenever a justice of the courts shall die without having become eligible to retire either under § 8-3-7 or 8-3-8 and has not served seven (7) years in office, his or her surviving spouse shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried, one-fourth (1/4) of the annual salary that the justice was receiving at the time of his or her death.

   (b) In the event the deceased justice shall have no surviving spouse, or the surviving spouse should predecease their minor children, then the benefits conferred by this section shall be received in equal shares by the minor children, if any, until each shall attain the age of twenty-one (21) years. Any justice of the courts who retires under the provisions of § 8-3-7, 8-3-8, or 8-3-12 may at his or her option elect to receive three-fourths (3/4) of his or her retirement pay, and where such option is exercised by giving the general treasurer notice in writing thereof within two (2) years after the date of his or her retirement, his or her surviving spouse or minor children shall receive annually one-half (1/2) of his or her retirement pay during his or her lifetime so long as he or she remains unmarried, or the children are under twenty-one (21) years of age.