§17805. Remarriage after retirement
If the recipient of a reduced service retirement benefit under section 17804, subsection 3, 4, 5-A or 5-B remarries after the recipient's spouse dies the following provisions apply. [PL 2001, c. 118, §5 (AMD).]
1. Election of benefit for new spouse. The recipient may elect to have the reduced retirement benefit paid under the same option to the new spouse after the recipient's death instead of continuing the original reduced retirement benefit to the recipient during his lifetime, under the following conditions:
A. The original spouse must have been the sole beneficiary of the reduced retirement benefit under section 17804, subsection 3, 4, 5-A or 5-B; and [PL 1999, c. 744, §10 (AMD); PL 1999, c. 744, §17 (AFF).]
B. [PL 1987, c. 612, §2 (RP).]
C. [PL 1987, c. 612, §3 (RP).]
D. The recipient must have been married to the new spouse for at least 6 months. [PL 1987, c. 612, §4 (NEW).]
[PL 1999, c. 744, §10 (AMD); PL 1999, c. 744, §17 (AFF).]
2. Time and manner of election. The recipient may make the election at any time after the death of the original spouse and remarriage to the new spouse by:
A. Sending a written request to the executive director; and [PL 1985, c. 801, §§5, 7 (NEW).]
B. [PL 1987, c. 612, §5 (RP).]
C. Submitting evidence of the death of the former spouse and date of marriage to the new spouse. [PL 1987, c. 612, §5 (NEW).]
[PL 1987, c. 612, §5 (AMD).]
3. Amount of benefit. The amount of the benefit payable under the option elected shall be the actuarial equivalent, at the date of the beginning of payment of benefits under this section, of the amount of reduced retirement benefit the recipient has been receiving.
[PL 1985, c. 801, §§5, 7 (NEW).]
4. Effective date of coverage of the new spouse. The effective date of the designation of the new spouse as the recipient's new beneficiary will be the date the request is received or 6 months after the date of remarriage, whichever comes later. The recipient's retirement benefit shall be adjusted on the first day of the month following the effective date of the new designation of beneficiary.
[PL 1987, c. 612, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW). PL 1987, c. 612, §§1-6 (AMD). PL 1999, c. 744, §10 (AMD). PL 1999, c. 744, §17 (AFF). PL 2001, c. 118, §5 (AMD).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.