2012 Utah Code
Title 49 - Utah State Retirement and Insurance Benefit Act
Article 14 - Public Safety Contributory Retirement Act
Section 504 - Benefits payable upon death of retired member -- Enhanced benefit election -- Rulemaking.

(1) If a retiree who retired under either Division A or Division B dies, the retiree's spouse at the time of death of the retiree shall receive an allowance equal to 65% of the allowance that was being paid to the retiree at the time of death.

(2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time of retirement, a retiree may elect to increase the spousal death benefit to 75% of an allowance computed in accordance with Section 49-14-402.

(b) If an election is made under Subsection (2)(a), the member's allowance shall be reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to pay for the increased spousal death benefit above 65%.

(3) (a) For a retiree whose retirement date is before July 1, 2009, the office shall provide an optional spousal death benefit to bring the total spousal death benefit up to 75% of an allowance computed in accordance with Section 49-14-402.

(b) A retiree may elect to purchase the optional spousal death benefit until July 1, 2010.

(c) If an election is made under Subsection (3)(b), the retiree's allowance shall be reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to pay for the increased spousal death benefit above 65%.

(d) The board shall make rules to administer the death benefit under this Subsection (3).

(4) If the retiree retired solely under Division B and dies leaving unmarried children under the age of 18 or dependent unmarried children with a mental or physical disability, the children shall qualify for a benefit as prescribed for children under Subsection 49-14-502(1)(c) which is payable on the first day of the month following the month in which the retiree died.

Amended by Chapter 366, 2011 General Session