Sec.45-29j-2. Allowance to spouse

(a) If a member retires after his election has been approved by the retirement commission and he is outlived by his spouse, such spouse shall be entitled to a retirement allowance commencing at the member's death. In the case of a member not participating in social security, the amount of each payment to the spouse shall be the reduced amount which would have been payable if the member were living at the time of such payment, or such fraction thereof as the member shall have specified in his election. In the case of a member participating in social security, the income payable to the spouse prior to the spouse's sixty-second birthday shall be the same as if the member were not participating in social security; and the income thereafter shall be the same as that to which the member was entitled, or to which he would have become entitled, upon his becoming eligible for social security old age insurance benefits, or such fraction thereof as the member specified in his election.

(b) If a member dies before retiring, after he has attained the age and completed the years of service necessary for retirement and after his election has been approved by the retirement commission, his spouse, if surviving, shall be entitled to receive the same retirement allowance as such spouse would have been entitled to if the member had retired just before his death.

(c) In no other case shall the spouse be entitled to a retirement allowance if the member dies before commencement of his retirement allowance. In no case shall the spouse be entitled to a retirement allowance if the member retired before his election has been approved by the retirement commission.

(Effective July 22, 1969)