§ 16-16-27. Family benefits.
(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.
(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:
(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.
Structure Rhode Island General Laws
Section 16-16-1. - Definitions.
Section 16-16-2. - Membership in system.
Section 16-16-4. - Membership of school nurses.
Section 16-16-5. - Service creditable.
Section 16-16-6. - Credit for service in private schools or as federal employee — Contributions.
Section 16-16-6.1. - Credit for service outside state.
Section 16-16-6.2. - Service credit for appropriate work experience — Contributions.
Section 16-16-6.3. - Repealed.
Section 16-16-7. - Credit for military leave.
Section 16-16-7.1. - Armed service credit.
Section 16-16-7.2. - Peace corps, teacher corps, and volunteers in service to America — Credit.
Section 16-16-8. - Credit for service as a state or municipal employee.
Section 16-16-8.1. - Purchase of service credits payable by installment.
Section 16-16-9, 16-16-10. - Repealed.
Section 16-16-11. - Benefits payable — Survivor’s benefits.
Section 16-16-12. - Procedure for service retirement.
Section 16-16-12.1. - Repealed.
Section 16-16-13. - Amount of service retirement allowance.
Section 16-16-14. - Retirement for ordinary disability.
Section 16-16-15. - Amount of ordinary disability benefit.
Section 16-16-16. - Retirement for accidental disability.
Section 16-16-17. - Amount of accidental disability benefit.
Section 16-16-18. - Disability benefits pending final decision on application.
Section 16-16-20. - Deduction of amounts received from workers’ compensation or as damages.
Section 16-16-22. - Contributions to state system.
Section 16-16-22.1. - City or town payment of teacher member contributions.
Section 16-16-23. - Applicability of public employees’ retirement law.
Section 16-16-24. - Substitute teaching and employment after retirement.
Section 16-16-24.1. - Substitute teaching and post-retirement employment related to COVID-19.
Section 16-16-25. - Eligibility for survivor’s benefits — Payment.
Section 16-16-26. - Spouse’s or domestic partner’s benefits.
Section 16-16-27. - Family benefits.
Section 16-16-28. - Children’s benefits.
Section 16-16-30. - Parent’s benefits.
Section 16-16-31. - Refund on termination prior to retirement.
Section 16-16-32. - Refund on retirement.
Section 16-16-34. - Member leaving no survivors — Reversion.
Section 16-16-35. - Contributions.
Section 16-16-36. - Teachers’ survivors benefit fund.
Section 16-16-37. - Administration.
Section 16-16-38. - Social security.
Section 16-16-39. - Severability.
Section 16-16-40. - Additional benefits payable to retired teachers.
Section 16-16-40.1. - One-time adjustment to original retirement allowance.
Section 16-16-42. - Life insurance benefits.
Section 16-16-43. - Purchase of credit while serving a prison sentence prohibited.