Oklahoma § 20-1103A - Survivor benefits for spouse

§ 20-1103A. Survivor benefits for spouse

A. Effective October 1, 2004, any surviving spouse of a

deceased Justice or judge shall be eligible to receive an additional

monthly survivor benefit provided:

Oklahoma Statutes - Title 20. Courts

1. The Justice or judge retired or died on or after July 1,

1999;

2. The Justice or judge paid the required contributions to

provide the survivor benefits as set forth in Section 1103 of this

title prior to July 1, 1999;

3. Those required additional contributions have not been

refunded to the Justice or judge or to a beneficiary;

4. The Justice or judge and the surviving spouse remained

continuously married; and

5. The Justice or judge continued to make such required

contributions to provide the survivor benefits up to the time of

retirement or death.

The additional amounts described in subsection B of this section

shall not be made to the surviving spouse if the member elects an

Option A or Option B survivor option pursuant to Section 3 of this

act.

B. Any eligible surviving spouse of a deceased Justice or

judge, as described in subsection A of this section, shall receive

an additional monthly survivor benefit, based upon the length of

payments of the required contributions to provide the survivor

benefits as set forth in Section 1103 of this title which were made

prior to July 1, 1999, as follows:

Length of Payments

Survivor Benefit % Increase

1 month - 9 years, 11 months

5%

10 years - 19 years, 11 months

10%

20 years or more

15%

C. The survivor benefit increase shall be in addition to the

fifty percent (50%) survivor benefit otherwise payable pursuant to

Section 1102A of this title. An eligible surviving spouse of a

deceased Justice or judge who, on September 30, 2004, is receiving

benefits from the Uniform Retirement System for Justices and Judges

shall be entitled to receive the survivor benefit increase set forth

above beginning with the October 1, 2004, monthly benefit payment.

An eligible surviving spouse of a deceased Justice or judge who

begins receiving benefits from the Uniform Retirement System for

Justices and Judges after September 30, 2004, shall be entitled to

receive the survivor benefit increase set forth above beginning with

the first month of survivor benefit payments.

Added by Laws 1974, c. 247, § 3, emerg. eff. May 23, 1974. Amended

by Laws 1999, c. 257, § 15, eff. July 1, 1999; Laws 2004, c. 536, §

8, eff. July 1, 2004; Laws 2005, c. 464, § 5, eff. Sept. 1, 2005.