(a) Effective as of July 1, 2002, in the event a firefighter or police officer retires under the supplemental pension system established by Subpart 1, after having accumulated 20 years of credited service under the system and shall die prior to the date on which the participant would have accumulated 30 years of credited service under this system had he or she not retired but had he or she continued in employment with the city, without interruption, as a firefighter or police officer, the participant’s survivor or survivors shall not receive any benefit therefrom. However, should the retired firefighter or police officer die subsequent to the date on which he or she would have accumulated 30 years of credited service hereunder, and should the retiree or participant be survived by a spouse to whom he or she was legally married at the time of the retiree’s or participant’s death, regardless of whether the marriage occurred before or after the retiree’s departure from service, the surviving spouse shall be entitled to receive until such time as the spouse should remarry, a monthly survivor’s benefit in the amount equal to 60 percent of the monthly retirement benefit which the retiree was receiving or entitled to receive on the date of his or her death as if the surviving spouse or survivors was entitled to a benefit under Section 45-37A-51.228 and Section 45-37A-51.229. If a survivor’s benefit ceases because the survivor remarries, in the event the marriage is terminated by annulment, divorce, or death of the survivor’s spouse, then on such termination the survivor again shall be eligible to receive the survivor’s benefits.
(b) Notwithstanding anything to the contrary contained in this section, for all participants who first become participants on or after July 1, 2021, in the event a legally married firefighter or police officer retires under the supplemental pension system established by Subpart 1, after having accumulated 20 years of credited service under the system, and dies prior to the date on which the participant would have accumulated 30 years of credited service under this system had he or she not retired but had continued in employment with the city, without interruption, as a firefighter or police officer, the participant’s spousal survivor shall not receive any benefit therefrom. However, should the retired firefighter or police officer die after the date on which he or she would have accumulated 30 years of credited service hereunder and be survived by a spouse to whom he or she was legally married at the time of the retiree’s or participant’s death, regardless of whether the marriage occurred before or after the participant’s departure from service, a spousal survivor’s benefit may be payable pursuant to any of the following:
(1) Upon the retirement of the legally married participant, prior to payment of any retirement benefit and in accordance with procedures established by the city, the participant shall elect to either:
a. Provide a spousal survivor’s benefit upon the participant’s death; or b. receive an unreduced monthly retirement benefit.(2) If a participant elects to provide a spousal survivor’s benefit, then upon the participant’s death:
a. The monthly spousal survivor’s benefit shall be equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was entitled to receive prior to his or her death or which the participant would have been entitled to receive had he or she retired on the day preceding his or her death as if the surviving spouse was entitled to a benefit under Section 45-37A-51.228(c) and Section 45-37A-51.229; and b. the monthly retirement benefit payable to the participant during his or her life will be reduced to reflect the spousal survivor’s benefit on an actuarially equivalent basis pursuant to certain actuarial factors adopted by the board. The survivor’s benefit shall cease if the survivor remarries; provided, however, in the event the survivor remarries and that marriage is terminated by annulment, divorce, or death of the survivor’s spouse, then on such termination, the survivor again shall be eligible to receive the survivor’s benefit.(3) If a legally married participant elects to receive an unreduced monthly retirement benefit, then upon the participant’s death, no monthly spousal survivor’s benefit will be payable, and the monthly retirement benefit payable to the participant during his or her life will not be reduced to reflect any spousal survivor’s benefit. To effect a participant’s election to receive an unreduced monthly retirement benefit, the participant’s spouse, at the time of the participant’s election, shall agree to the participant’s election and waive any spousal survivor’s benefits in accordance with procedures established by the city.
