Rulemaking. (1) If a retiree who retired under either Division A or Division B dies, the retiree's surviving spouse shall receive an allowance equal to 65% of the allowance that was being paid to the retiree at the time of death. (2) (a) Notwithstanding the amount of the allowance under Subsection (1), at the time of retirement, a retiree may elect to increase the spousal death benefit to 75% of an allowance computed in accordance with Section 49-15-402. (b) If an election is made under Subsection (2)(a), the member's allowance shall be reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to pay for the increased spousal death benefit above 65%. (3) (a) For a retiree whose retirement date is before July 1, 2009, the office shall provide an optional spousal death benefit to bring the total spousal death benefit up to 75% of an allowance computed in accordance with Section 49-15-402. (b) A retiree may elect to purchase the optional spousal death benefit until July 1, 2010. (c) If an election is made under Subsection (3)(b), the retiree's allowance shall be reduced to an amount payable monthly for life to reflect the actuarial equivalent necessary to pay for the increased spousal death benefit above 65%. (d) The board shall make rules to administer the death benefit under this Subsection (3). (4) If the retiree retired solely under Division B and dies leaving unmarried children under the age of 18 or dependent unmarried children with a mental or physical disability, the children shall qualify for a benefit as prescribed under Subsection 49-15-502(1)(d). (5) (a) A beneficiary who qualifies for a monthly benefit under this section shall apply in writing to the office. (b) The allowance shall begin on the first day of the month following the month in which the: (i) member or participant died, if the application is received by the office within 90 days of the date of death of the member or participant; or (ii) application is received by the office, if the application is received by the office more than 90 days after the date of death of the member or participant.
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