8-36-610 - Surviving minor children as contingent beneficiaries. - Tennessee Statutes

8-36-610. Surviving minor children as contingent beneficiaries.

(a)  (1)  If a retired member of the Tennessee consolidated retirement system, including a retired prior class member, has, under the options of provisions of the preceding systems in this part, designated the spouse of the retired member as such retired member's contingent annuitant or beneficiary on the death of the retired member, then if the surviving spouse should die after the death of the retired member, and there is surviving a child or children of the retired member under nineteen (19) years of age, the same benefit theretofore paid to the surviving spouse shall be paid to the legal guardian of the child, or divided equally among the children and paid to their legal guardian, until such child or children reach nineteen (19) years of age or marries or dies, whichever event occurring first terminating the benefit to which that child was entitled, at which time the aforementioned benefit shall be redistributed equally among the remaining child or children; or in the event the child or children is or are full-time students in an educational institution, the benefit shall be paid to the legal guardian until the child or children reach twenty-two (22) years of age or marry or die, whichever event occurs first terminating the benefit to which that child was entitled.

     (2)  It is also provided that in the event the retired member had designated the spouse of the retired member as such retired member's contingent annuitant or beneficiary on the death of the retired member, and the spouse predeceases the retired member, then on the death of the retired member, the retired member being survived by a child or children of the retired member under nineteen (19) years of age, the same benefit to which the spouse of the retired member would have been entitled had such spouse survived the retired member shall be paid to the legal guardian of such child, or divided equally among the children and paid to their legal guardian, until the child or children reach nineteen (19) years of age or marry or die, whichever event occurring first terminating the benefit to which that child was entitled, at which time the aforementioned benefit shall be redistributed equally among the remaining child or children; or in the event the child or children is or are full-time students in an educational institution, the benefit shall be paid to the legal guardian until the child or children reach twenty-two (22) years of age or marry or die, whichever event occurring first terminating the benefit to which that child was entitled.

     (3)  It is further provided, that in the event the retired member and the member's designated spouse contingent annuitant or beneficiary should die in a common accident or occurrence, the surviving child or children of the retired member in the age groups aforementioned in this section shall be entitled to the same benefits as set forth hereinabove.

(b)  The legal guardian of the child or children coming within the provisions of § 8-36-108 and this part shall be appointed by a court of competent jurisdiction, and such court shall cause to be certified to the director of the Tennessee consolidated retirement system the name and address of the legal guardian.

(c)  For the purpose of accomplishing the intent of these provisions only, the benefits provided herein for the child or children shall be paid only to the legal guardian, regardless of the age or majority status of the child or children, and the courts of competent jurisdiction are hereby granted the authority to appoint and continue in effect such guardianships until the benefits payable are terminated.

(d)  Definitions.  “Full-time students” and “educational institution,” as used in this part, are deemed to have the same meaning, effect, and connotation as they have, and are defined, in the Social Security Act, and its related laws, regulations, and rulings, and the same definitions are hereby incorporated herein by reference.

(e)  A full-time student's benefits will not cease when such student reaches twenty-two (22) years of age, but will continue through the end of the quarter or semester in which the student reaches twenty-two (22) years of age, if the student has not completed undergraduate degree requirements. If the student attends an educational institution other than one on a quarter or semester basis, benefits will continue until the student completes the course or for two (2) months after the month the student reaches twenty-two (22) years of age, whichever comes first.

(f)  Nothing in this part shall be construed as repealing any of the provisions of § 8-36-108, but shall be construed as supplementing § 8-36-108 to provide the additional benefits for full-time students.

[Acts 1973, ch. 347, § 18; T.C.A., § 8-3917(b).]