(a)  Family benefits shall be payable upon the decease of the member as provided in §§?16-16-25 through 16-16-38 if at the time of the member’s death the surviving spouse or domestic partner:

(1)  Has in his or her care a child of the deceased member entitled to child benefits;

(2)  Is not entitled to a spouse’s or domestic partner’s benefit as provided in this chapter; and

(3)  Was living with the deceased member at the time of his or her death.

Terms Used In Rhode Island General Laws 16-16-27

  • Child: includes a stepchild of a deceased member who has been a stepchild for at least one year immediately preceding the date on which the member died or an adopted child of a deceased member without regard to the length of time the child has been adopted. See Rhode Island General Laws 16-16-1
  • Member: means any person included in the membership of the retirement system under the provisions of this chapter. See Rhode Island General Laws 16-16-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Spouse: means the surviving person who was married to a deceased member, but only if the surviving person meets one of the following conditions:

    (i)  Was married to the deceased member for not less than one year immediately prior to the date on which the member died;

    (ii)  Is the mother or father of the deceased member's child(ren);

    (iii)  Legally adopted the deceased member's child(ren) while married to the deceased member and while the child(ren) was under the age of eighteen (18) years; or

    (iv)  Was married to the deceased member at the time both of them legally adopted a child(ren) under the age of eighteen (18) years. See Rhode Island General Laws 16-16-1

(b)  Family benefits shall be payable in accordance with the following table.

The monthly benefit shall be equal to the benefit that would be available to a spouse or domestic partner under §?16-16-26 multiplied by the following percentages:

Parent
and 1
Child 		Parent
and 2
Children 		Parent
and more
than 2
Children 		One
Child
Alone 		Two
Children
Alone 		Three
or more
Children
Alone
150% 175% 175% 75% 150% 175%

(c)  Family benefits as set forth in this section are payable to the former spouse or to a former domestic partner divorced of a deceased member, if the former spouse or to a former domestic partner divorced:

(1)  Has in his or her care a child of the deceased member who is his or her son, daughter, or legally adopted child entitled to child benefits payable on the basis of the deceased member’s salary;

(2)  Was receiving from the deceased member, pursuant to agreement or court order, at least one-half ( 1 / 2 ) of his or her support at the time of the deceased member’s death;

(3)  Is not entitled to a spouse’s or domestic partner’s benefit as provided in §§?16-16-25 through 16-16-38.

(d)  The family monthly benefit shall be payable in accordance with the table set forth in this section. A spouse or domestic partner who no longer qualifies for benefits under this section because his or her child or children have attained the age of eighteen (18) years or twenty-three (23) years and a full time student shall be entitled to receive monthly benefits upon attaining sixty (60) years of age in accordance with the benefits set forth in §?16-16-26. The family benefits provided under this section shall cease upon the remarriage of the surviving spouse or domestic partner or establishment of a domestic partnership.

History of Section.
P.L. 1962, ch. 212, § 3; P.L. 1974, ch. 254, § 1; P.L. 1983, ch. 217, § 1; P.L. 1986, ch. 498, § 1; P.L. 1989, ch. 485, § 1; P.L. 1996, ch. 295, § 1; P.L. 2007, ch. 510, § 6.