Utah Code 49-18-503. Surviving spouse includes certain former spouses — Benefit calculation for former spouse
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49-18-503. Surviving spouse includes certain former spouses — Benefit calculation for former spouse.
| (1) | The benefit calculation for a surviving spouse with a valid domestic relations order benefits on file with the office before the member‘s death date in accordance with Section 49-11-612 is calculated according to the manner in which the court order specified benefits to be partitioned, whether as a fixed amount or as a percentage of the benefit. |
| (a) | the lawful spouse who has been married to a member for at least six months immediately before the death date of the member; or |
| (b) | a former lawful spouse of a member with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612. See Utah Code 49-11-102 |
| (2) | If the death benefits under this section are partitioned among more than one surviving spouse due to domestic relations order benefits on file with the office before the member’s death date in accordance with Section 49-11-612, the total amount received by the surviving spouses may not exceed the death benefits normally provided to one surviving spouse under this section. |
Enacted by Chapter 84, 2016 General Session