Arizona Laws 38-846.03. Reinstatement of surviving spouse’s pension
A. A surviving spouse whose pension was terminated by reason of remarriage is entitled to reinstatement of the surviving spouse’s pension if the surviving spouse is otherwise qualified for a surviving spouse’s pension and applies for reinstatement with the public safety personnel retirement system and no other person is currently receiving a guardian‘s or conservator’s pension for an eligible child of the member or retired member. The level of pension payments shall be that amount which was received by the surviving spouse at the date the surviving spouse’s pension was terminated, adjusted to reflect ad hoc and scheduled increases from the date of termination to the date of reinstatement.
Terms Used In Arizona Laws 38-846.03
- Eligible child: means an unmarried child of a deceased member or retired member who meets one of the following qualifications:
(a) Is under eighteen years of age. See Arizona Laws 38-842
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Pension: means a series of monthly amounts that are payable to a person who is entitled to receive benefits under the plan but does not include an annuity that is payable pursuant to Section 38-846. See Arizona Laws 38-842
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- retired: means termination of employment after a member has fulfilled all requirements for a pension, for an employee who becomes a member of the system on or after January 1, 2012 and before July 1, 2017, attains the age and service requirements for a normal retirement date or for an employee who becomes a member of the system on or after July 1, 2017 attains the age and credited service requirements for a normal retirement date. See Arizona Laws 38-842
- System: means the public safety personnel retirement system established by this article. See Arizona Laws 38-842
B. A surviving spouse who is receiving a guardian’s or conservator’s pension by reason of remarriage and who is otherwise eligible may apply for reinstatement of a surviving spouse’s pension. If the surviving spouse’s pension becomes payable the guardian’s or conservator’s pension is terminated.
C. Reinstated surviving spouse’s pensions are not retroactive. Payment of a reinstated surviving spouse’s pension shall commence as of the first day of the month following receipt by the public safety personnel retirement system of a properly executed written application for reinstatement from the surviving spouse.