Sec.7-448-2. Conditions under which employee's spouse will receive retirement salary and amount of same

(a) If an employee retires after his election has been approved by the retirement commission and is outlived by his spouse, such spouse shall be entitled to a retirement salary commencing at the employee's death. In the case of an employee 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 employee were living at the time of such payment, or such fraction thereof as the employee shall have specified in his election. In the case of an employee participating in social security, the income payable to the spouse prior to the age at which such spouse would be eligible for a social security survivor's benefit shall be the same as if the employee were not participating in social security; and the income thereafter shall be the same as that to which the employee 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 employee specified in his election.

(b) If an employee 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 salary as such spouse would have been entitled to if the employee had retired just before death.

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

(Effective January 31, 1979)