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 along with the following
documents:
(1) A certified copy of the death
certificate or other proof of death acceptable in a court of law.
(2) If the application is for a surviving
spouse: copy of the marriage license or other proof of marital status
acceptable in a court of law, and an affidavit of the 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.
(3) 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.
(4) Documents required under the Probate Code
for payments to a minor if the application is on behalf of minor and dependent
children.
(5) Affidavit that the
applicant or beneficiary of a special needs trust is not married or otherwise
emancipated 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.
(6) Copies of social
security cards for all prospective payees.
(7) 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 covered employment as a judge or justice. If the member's only divorce
was prior to becoming a 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 member, then only the most recent final decree is
required.
(8) 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. 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. Upon filing of the
application, and accompanying documentation as required in Subsection B above,
PERA will calculate the pension payable and begin paying the pension effective
the first day of the month following the date of the death resulting in the
pension. 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. 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.
