Current through Register Vol. 35, No. 18, September 24, 2024
A. Applicants for
pre-retirement survivor pensions shall notify PERA of the death of the member
and complete an application for benefits.
B. The completed application shall be
returned to PERA with the following documents:
(1) A certified copy of the death certificate
or other proof of death acceptable in a court of law.
(2) Copy of marriage license or other proof
of marital status acceptable in a court of law if the application is for a
surviving spouse.
(3) Affidavit of
surviving spouse that he or she and the deceased member were married at the
time of death and stating whether there are any surviving minor children of the
deceased member.
(4) Proof of age
of the surviving spouse, surviving minor children or other designated
beneficiary or the proof of age for a beneficiary to a supplemental needs
trust. Acceptable documents for proof of age shall be a birth certificate, a
baptismal certificate, a copy of a life insurance policy, a certified copy of a
voter registration issued over 10 years prior, or proof of age meeting a
standard at least equivalent to that applied by the social security
administration.
(5) Documents
required under the Probate Code for payments to a minor if the application is
on behalf of eligible surviving children.
(6) Affidavit that the applicant or
beneficiary of a special needs trust is unmarried if the applicant is a child
of the deceased member or a supplemental needs trust formed for the benefit of
a child of the deceased member.
(7)
Copies of social security cards for all prospective payees.
(8) If the member has been divorced, the
applicant shall provide PERA with complete endorsed copies of all court
documents the association deems necessary to ascertain the marital status of
the member at the time of death and whether any ex-spouse of the member is
entitled to any portion of any benefits payable. Such documents shall include
the final decrees and marital property settlements for all marriages during the
member's employment with an affiliated public employer. If the member's only
divorce was prior to becoming a PERA member, then the final divorce decree is
required, but no marital property settlement is required. If the member was
divorced more than once before becoming a PERA member, then only the most
recent final decree is required.
(9) a copy of the documents related to the
formation of the supplemental needs trust, an affidavit from the trustee that
the trust is formed as a supplemental needs trust as authorized by the federal
Social Security Act and any additional information requested by the association
if the application is on behalf of a supplemental needs trust.
C. When the application and
accompanying documentation as required in Subsection B of
2.80.900.8 NMAC above are filed,
PERA will determine whether a pension is payable. The application shall be
considered to be "filed" when PERA receives the completed application as
evidenced by a writing on the application indicating the date of receipt by
PERA. PERA will calculate the pension payable and begin paying the pension
effective the first day of the month following the date of the member's death.
The amount of survivor pension shall be submitted to the board for ratification
at the next regular meeting following the date of the first payment of survivor
pension to the applicant.
D. Duty
death.
(1) If the application is for a
survivor pension resulting from duty death, the application shall be
accompanied by documentation supporting the claim, in addition to the
documentation required in Subsection B of
2.80.900.8 NMAC above.
Documentation may include but is not limited to the following:
(a) a certified copy of the death certificate
or other proof of death acceptable in a court of law;
(b) employer's report of accident;
(c) determination of duty death by another
agency such as workers compensation administration or social security
administration although such a determination does not necessarily prove the
death was a duty death for PERA purposes;
(d) autopsy report;
(e) attending physician's narrative report
containing the conclusion of duty death and stating the basis
therefor;
(f) any other information
requested by the association.
(2) The burden of proof of duty death is on
the applicant.
(a) "Solely and exclusively"
means the member's work is so substantial a factor of the death that the death
would not have occurred at the time without it.
(b) "Course of the member's performance of
duty" means place or activity for which the employer's business required the
presence of the employee, but shall not include travel or time on the way to
assume the duties of employment or travel or time leaving such duties, except
when the employee is temporarily assigned to a destination other than his or
her normal work station or is within the "special errand" rule in which case
such time will be considered in the course of employment.
(3) The board hereby authorizes the director
of member services to determine whether the death was the natural and proximate
result of causes arising solely and exclusively out of and in the course of the
member's performance of duty with an affiliated public employer. Such
determination shall be presented to the board for ratification at the next
regular meeting of the board. The board may remove the matter from the consent
calendar and substitute its own determination for that of the director of
member services, or it may assign the matter to an administrative hearing
officer for determination.
E. Military death. Effective with respect to
deaths occurring on or after January 1, 2007, while a member is performing
qualified military service, as defined in Chapter 43 of Title 38, United States
Code, to the extent required by Internal Revenue Code Section 401(a)(37),
survivors of such member are entitled to any additional benefits that the plan
would provide if the member had resumed employment and then died, such as
accelerated vesting or survivor benefits that are contingent on the member's
death while employed. In any event, a deceased member's period of qualified
military service must be counted for vesting purposes.
