§ 24-8-219 - Rights of surviving unremarried spouses of certain judges. - Arkansas Statutes

24-8-219. Rights of surviving unremarried spouses of certain judges.

(a) The surviving unremarried spouse, sixty-five (65) years of age or older, of any person who served as a justice of the Arkansas Supreme Court or as a judge of any circuit or chancery court of the State of Arkansas for a period of eight (8) years or longer, who is not now receiving, or entitled to receive, survivors' benefits under the Arkansas Judicial Retirement System shall be entitled to receive survivors' benefits under the system upon meeting the qualifications therefor and otherwise complying with the provisions of this section.

(b) (1) Any person desiring to apply for and draw benefits provided for in this section shall make application to the Auditor of State.

(2) The application shall be supported and accompanied by proof satisfactory to the Auditor of State that the applicant is an unmarried spouse, sixty-five (65) years of age or older, of a person who served either on the Supreme Court or as a circuit or chancery judge for a period of eight (8) years or longer, and that the applicant was married to the deceased justice or judge for at least five (5) years, was married to him at the time of his death, and was living with him in marriage at the time of his death.

(c) Upon receipt of the application and proof, the Auditor of State shall determine the total amount of compensation received by the deceased judge subsequent to July 1, 1953, and shall compute four percent (4%) of that amount as the amount the applicant shall pay to the Auditor of State if the applicant desires to qualify for survivor benefits under the system as permitted in this section.

(d) The Auditor of State shall also determine the amount which would have been paid to the applicant had the deceased spouse been qualified under the system.

(e) (1) The Auditor of State shall credit the amount as determined in subsection (d) of this section against the amount which has been computed as the four percent (4%) amount which the applicant is required to pay under subsection (c) of this section.

(2) The applicant shall be required to pay to the Auditor of State only the amount by which the four percent (4%) figure exceeds the credit.

(3) This payment shall be deposited in the State Survivor's Account by the Auditor of State.

(f) Upon payment of the adjusted amount as required and prescribed in this section, if payment is due after application of credits, the applicant shall be entitled to draw survivors' benefits as prescribed in the system from the first day of the month following payment of the adjusted amount to the Auditor of State, or from the first day after the accounts are adjusted if no payment is due.

(g) Survivors' benefits provided for in this section shall be paid in the same manner as other survivors' benefits under the system are paid.