Rhode Island General Laws
Chapter 16-16 - Teachers’ Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]
Section 16-16-28. - Children’s benefits.

§ 16-16-28. Children’s benefits.
(a) Children’s benefits are payable to the child, including a stepchild or adopted child of a deceased member, if:
(1) The child is unmarried and under the age of eighteen (18) years or twenty-three (23) years and a full time student, and was dependent upon the member at the time of the member’s death; or
(2) The dependent child regardless of age was under a disability which began before the child attained the age of eighteen (18) years. A child shall not be considered disabled unless proof is furnished to the retirement board.
(b)(1) A child is considered dependent if living with the member at the time of the member’s death and he or she was contributing to the support of the child. If the member at the time of the member’s death was not living with the child or contributing to the child’s support, the child, if legitimate, is considered dependent upon the member unless the child:
(i) Was adopted by some other individual; or
(ii) Was living with and receiving more than one-half (1/2) of his or her support from either one or both stepparents.
(2) An adopted child is considered dependent upon his or her adopting parents under the same conditions as those that apply to parents and their natural children.
(c) A child is considered dependent upon either one or both stepparents at the time of the death if the child was:
(1) Living with his or her stepparent(s); or
(2) Receiving at least one-half (1/2) of his or her support from either one or both of the stepparents.
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.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 16 - Education

Chapter 16-16 - Teachers’ Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]

Section 16-16-1. - Definitions.

Section 16-16-2. - Membership in system.

Section 16-16-3. - Repealed.

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 - Repealed.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 16-16-6.4. - Service credit for appropriate work experience — Certified nurse teachers — Contributions.

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 16-16-13.1. - Teachers with more than 30 years of service — Amount of service retirement allowance — Minimum and maximum limitations.

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 16-16-19. - Reexamination of disability beneficiaries — Reduction of benefit — Reinstatement to active service.

Section 16-16-20. - Deduction of amounts received from workers’ compensation or as damages.

Section 16-16-21. - Repealed.

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 16-16-29. - Repealed.

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 16-16-33. - Repealed.

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 16-16-41. - Repealed.

Section 16-16-42. - Life insurance benefits.

Section 16-16-43. - Purchase of credit while serving a prison sentence prohibited.