A. Effective October 1, 2004, any surviving spouse of a deceased Justice or judge shall be eligible to receive an additional monthly survivor benefit provided:

1. The Justice or judge retired or died on or after July 1, 1999;

2. The Justice or judge paid the required contributions to provide the survivor benefits as set forth in Section 1103 of this title prior to July 1, 1999;

3. Those required additional contributions have not been refunded to the Justice or judge or to a beneficiary;

4. The Justice or judge and the surviving spouse remained continuously married; and

5. The Justice or judge continued to make such required contributions to provide the survivor benefits up to the time of retirement or death.

The additional amounts described in subsection B of this section shall not be made to the surviving spouse if the member elects an Option A or Option B survivor option pursuant to Section 3 of this act.

B. Any eligible surviving spouse of a deceased Justice or judge, as described in subsection A of this section, shall receive an additional monthly survivor benefit, based upon the length of payments of the required contributions to provide the survivor benefits as set forth in Section 1103 of this title which were made prior to July 1, 1999, as follows:

Length of PaymentsSurvivor Benefit % Increase

1 month - 9 years, 11 months5%

10 years - 19 years, 11 months10%

20 years or more15%

C. The survivor benefit increase shall be in addition to the fifty percent (50%) survivor benefit otherwise payable pursuant to Section 1102A of this title. An eligible surviving spouse of a deceased Justice or judge who, on September 30, 2004, is receiving benefits from the Uniform Retirement System for Justices and Judges shall be entitled to receive the survivor benefit increase set forth above beginning with the October 1, 2004, monthly benefit payment. An eligible surviving spouse of a deceased Justice or judge who begins receiving benefits from the Uniform Retirement System for Justices and Judges after September 30, 2004, shall be entitled to receive the survivor benefit increase set forth above beginning with the first month of survivor benefit payments.

Added by Laws 1974, c. 247, § 3, emerg. eff. May 23, 1974. Amended by Laws 1999, c. 257, § 15, eff. July 1, 1999; Laws 2004, c. 536, § 8, eff. July 1, 2004; Laws 2005, c. 464, § 5, eff. Sept. 1, 2005.