§ 16-16-27 - Family benefits. - Rhode Island Statutes

SECTION 16-16-27

   § 16-16-27  Family benefits. – (a) Family benefits shall be payable upon the decease of the member as providedin §§ 16-16-25 through 16-16-38 if at the time of the member's deaththe surviving spouse or domestic partner:

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

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

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

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

   The monthly benefit shall be equal to the benefit that wouldbe available to a spouse or domestic partner under § 16-16-26 multipliedby the following percentages:

   SEE THE BOOK FOR THE PROPER TABLE.

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

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

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

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

   (d) The family monthly benefit shall be payable in accordancewith the table set forth in this section. A spouse or domestic partner who nolonger qualifies for benefits under this section because his or her child orchildren have attained the age of eighteen (18) years or twenty-three (23)years and a full time student shall be entitled to receive monthly benefitsupon attaining sixty (60) years of age in accordance with the benefits setforth in § 16-16-26. The family benefits provided under this section shallcease upon the remarriage of the surviving spouse or domestic partner orestablishment of a domestic partnership.