(a) The annual survivor annuity payable under § 8134 shall be determined as follows:

(1) Spouse. The annual survivor annuity shall be equal to sixty percent (60%) of the basic retirement annuity or the basic disability retirement annuity earned by the member and accruing to that member’s credit, or payable to the member at the date of the member’s death for the period of the member’s total service, whichever is greater. The spouse’s annual survivor annuity shall not, in any case, be less than One Thousand Two Hundred Dollars ($1,200) per year.

(2) Children. The basic minor child annuity shall be Two Thousand Eight Hundred Eighty Dollars ($2,880) per year for a minor child up to eighteen (18) years of age. The aggregate basic minor child annuity for children of a member shall not, in any case, exceed Fourteen Thousand Four Hundred Dollars ($14,400) per year for five (5) or more minor children.

(b) Automatic Increases in Annuity. Any survivor annuitant, not to include a minor child annuitant, who is entitled to benefits under this Chapter shall receive each year on the anniversary date

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of the annuitant’s entitlement, an automatic “”sliding scale””
increase, to be computed as follows:

(1) survivor annuitants receiving an annual annuity of Three Thousand Five Hundred Dollars ($3,500.00) or less shall receive an automatic annual increase of Six Hundred Dollars ($600.00);

(2) survivor annuitant receiving an annual annuity of more than Three Thousand Five Hundred Dollars ($3,500.00), but not more than Six Thousand Three Hundred Dollars ($6,300.00), shall receive an automatic annual increase of Four Hundred Dollars ($400.00);

(3) survivor annuitants receiving an annual annuity of more than Six Thousand Three Hundred Dollars ($6,300.00), but not more than Ten Thousand One Hundred Dollars (10,100.00), shall receive an automatic annual increase of Three Hundred Dollars ($300.00); and

(4) survivor annuitants receiving an annual annuity of more than Ten Thousand One Hundred Dollars ($10,100.00) shall receive an automatic annual increase of Two Hundred Dollars ($200.00).

(c) Recomputation of Annuities. The basic survivor annuity set forth in Subsection (a)(1) of this Section shall be recomputed as follows:

(1) any person receiving a survivor annuity prior to August 31, 1974 shall have that person’s basic annuity recomputed based upon the formula set forth in §§ 8104(j),
8122(a)(1), 8122(a)(2), 8123(d), 8135(a)(1) and 8135 (b);
and

(2) any person who commenced receiving a survivor annuity on or after September 1, 1972, but prior to July 1,
1984, and entitled to benefits under this Chapter shall have that person’s basic annuity recomputed to reflect a one-time
One Hundred Dollar ($100.00) increase to that person’s basic survivor annuity.

(d) Additions to Recomputed Survivor Annuities. The recomputed survivor annuity set forth in Subsection (c) shall be

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subject to any of the following applicable non-cumulative additions:

(1) Any survivor annuitant who commenced receiving a survivor annuity prior to October 1, 1995, shall receive, during the fiscal years commencing on October 1, 2002, and ending on February 28, 2003, an additional Four Thousand Two Hundred Thirty-Eight Dollars ($4,238.00) to replace the amount known as the sum of the One Thousand Two Hundred Dollar ($1,200.00), One Thousand Five Hundred Dollars ($1,500.00), Seven Hundred Dollars ($700.00), and Eight Hundred Thirty-Eight Dollars ($838.00) supplemental annuity benefits formerly contained in various General Appropriation Acts.

(2) Any survivor annuitant who commenced receiving a survivor annuity prior to October 1, 1999, and is entitled to benefits under this Chapter, shall receive, during the fiscal years commencing on October 1, 1999 and ending on September 30, 2001, an additional One Thousand One Hundred Dollars ($1,100.00), to replace the annual cost of living increase formerly contained in various General Appropriation Acts.

(3) Any survivor annuitant who commenced receiving a survivor annuity on or after October 1, 1999, but prior to January 1, 2000 and entitled to benefits under this Chapter, shall receive, during the fiscal year commencing on October
1, 2000 and ending on September 30, 2001, an additional One Thousand One Hundred Dollars ($1,100.00), to replace the annual cost of living increase formerly contained in various General Appropriation Acts.

(4) Any survivor annuitant who commenced receiving a survivor annuity on or after January 1, 2000, but prior to October 1, 2000, and who is entitled to benefits under this Chapter shall receive, during the fiscal year commencing on October 1, 2000 and ending September 30, 2001, an additional One Thousand One Hundred Dollars ($1,100.00), to replace the annual cost of living increase formerly contained in various General Appropriation Acts.

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(5) the prospective payment of supplemental benefits for the period March 1, 2003, through September 30, 2003, for survivors of those employees who retired prior to October 1,
1995, to be paid in the following manner:

(A) Two Thousand Four Hundred Seventy-Two ($2,472.00) in Class 1 Retiree Supplemental Annuity Benefits, known as the sum of One Thousand Two Hundred Dollars ($1,200.00), One Thousand Five Hundred Dollars ($1,500.00), Seven Hundred Dollars ($700.00), and Eight Hundred Thirty-Eight Dollars ($838.00) in annual benefits formerly contained in various General Appropriation Acts, for survivors of those employees who retired as of October 1, 1977.

(B) One Thousand Seven Hundred Seventy-Two ($1,772.00) in prospective Class 2 Retiree Supplemental Annuity Benefits comprised of the sum of One Thousand Five Hundred Dollars ($1,500.00), Seven Hundred Dollars ($700.00), and Eight Hundred Thirty-Eight Dollars ($838.00) in annual annuity benefits formerly contained in various General Appropriation Acts, for survivors of those employees who retired between October 2, 1977, and October 1,
1980.

(C) One Thousand Three Hundred Sixty-Four Dollars ($1,364.00) in Class 3 Retiree Supplemental Annuity Benefits, comprised of the sum of One Thousand Five Hundred Dollars ($1,500.00), and Eight Hundred Thirty-Eight Dollars ($838.00) in annual annuity benefits formerly contained in various General Appropriation Acts, for survivors of those employees who retired between October 2, 1980 and October 1,
1982.

(D) Eight Hundred Seventy-Five Dollars ($875.00) in Class 4 Retiree Supplemental Annuity Benefits, composed of the sum of One Thousand Five Hundred Dollars ($1,500.00) in annual annuity benefits, formerly contained in various General Appropriation Acts, for

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survivors of those employees who retired between
October 2, 1982, and October 1, 1995.

(E) No persons eligible for Class 1, 2, 3 or 4 Retiree Supplemental Annuity Benefits provided for in paragraph (5) of this Section shall receive such benefit if their regular annual retirement annuity prior to the supplemental amounts herein is more than Forty Thousand Dollars ($40,000.00). Persons eligible for Class 1, 2, 3, or 4 Retiree Supplemental Annuity Benefits shall only receive an amount of such benefits up to the total aggregate sum of Forty Thousand Dollars ($40,000.00) in combined retirement annuities and supplemental retirement annuities and not more.

(6) the prospective payment of supplemental benefits for the period of October 1, 2022 through September 30,
2023 for Fiscal Year 2023 for survivors of those employees who retired prior to October 1, 1995, to be paid in the
following manner:

(A) Four Thousand Two Hundred Thirty-eight Dollars ($4,238) in Retiree Supplemental Annuity Benefits, known as the sum of One Thousand Two Hundred Dollars ($1,200), One Thousand Five Hundred Dollars ($1,500), Seven Hundred Dollars ($700), and Eight Hundred Thirty-eight Dollars ($838) in annual benefits formerly contained in various General Appropriation Acts.

(B) No person eligible for Retiree Supplemental Annuity Benefits provided for in this Section shall receive such benefits if her/his regular annual retirement annuity, exclusive of the supplemental amounts authorized hereby, exceeds Forty Thousand Dollars ($40,000). No persons eligible for Retiree Supplemental Annuity Benefits shall receive more than the sum of Forty Thousand Dollars ($40,000) in combined retirement annuities and supplemental retirement annuities.

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(C) Any retiree or survivor eligible to receive the supplemental annuity may waive their supplemental annuity payment authorized herein by the filing of a notarized affidavit waiving such payment with the Retirement Fund.

(e) Additions to Minor Child Annuities.

(1) Minor surviving children of a member, retirement annuitant or disability retirement annuitant, who commenced receiving minor child annuities provided under § 8135(a)(2) prior to October 1, 1999, and have no surviving parent, shall receive, during the fiscal years commencing on October 1,
1999 and ending on September 30, 2001, an additional One
Thousand One Hundred Dollars ($1,100.00), which shall be payable to their guardian for the collective benefit of all
surviving minor children entitled to receive benefits under
this Chapter, in order to replace the annual cost of living increase formerly contained in various General Appropriation Acts.

(2) Minor surviving children of a member, retirement annuitant, or disability retirement annuitant, who commenced receiving minor child annuities provided under
§ 8135(a)(2) on or after October 1, 1999, but prior to January
1, 2000, and have no surviving parent, shall receive, during the fiscal year commencing on October 1, 2000 and ending
on September 30, 2001, an additional One Thousand One
Hundred Dollars ($1,100.00), which shall be payable to their guardian for the collective benefit of all surviving minor children entitled to receive benefits under this Chapter, in order to replace the annual cost of living increase formerly contained in various General Appropriation Acts.

(3) Any minor surviving children of a member, retirement annuitant or disability retirement annuitant, who commenced receiving minor child annuities provided under
§ 8135 (a)(2) on or after January 1, 2000, but prior to October
1, 2000, and have no surviving parent, shall receive, during the fiscal year commencing on October 1, 2000 and ending
September 30, 2001, an additional One Thousand One
Hundred Dollars ($1,100.00), which shall be payable to their

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guardian for the collective benefit of all surviving minor children entitled to receive benefits under this Chapter, in order to replace the annual cost of living increase formerly contained in various General Appropriation Acts.

SOURCE: GC § 4217.1, as added by P.L. 11-171; amended by P.L. 12-
180 (Oct. 12, 1974); Subsection (b) amended by P.L. 17-066:3 (Sept. 7,
1984); further amended by P.L. 17-082:6 (Dec. 21, 1984). Subsection (a)(1) amended by P.L. 19-019:62 (Aug. 22, 1988); Subsection (a)(2) amended by P.L. 18-005:25 (May 28, 1985). Amended by P.L. 24-044:2 (June 20, 1997) and P.L. 25-072:IV;9 (Sept. 30, 1999). Subsections (d)(4) and (e)(3) added by P.L. 25-174:4 & 5 (Nov. 28, 2000) to correct for miscalculations and omissions. Subsection (d)(1) amended by P.L. 26-
036:31 (Oct. 1, 2001) and 27-005:IV:24 (Feb. 28, 2003). Subsection (d)(5)
added by P.L. 26-036:32 (Oct. 1, 2001). Subsection (d)(5) added by P.L.
27-005:IV:26 (Feb. 28, 2003). Subsection (d)(6) added by P.L. 27-
029:IV:16 (Sept. 19, 2003); repealed and reenacted by P.L. 27-106:IV:16 (Sept. 30, 2004); amended by P.L. 28-068:III:10 (Sept. 30, 2005), P.L. 28-
150:IV:II:2 (Sept. 30, 2006), P.L. 29-019:V:II:2 (Sept. 29, 2007), P.L. 29-
113:V:II:2 (Sept. 30, 2008), P.L. 30-055:XI:3 (Sept. 4, 2009), P.L. 30-
196:XI:3 (Sept. 1, 2010), P.L. 31-077:XI:5 (Sep. 20, 2011), P.L. 31-
233:XI:4 (Sept. 7, 2012), P.L. 32-068:XI:4 (Sept. 11, 2013), P.L. 32-
181:XI:2 (Sept. 5, 2014), P.L. 33-066:XI:2 (Sept. 5, 2015), P.L. 33-
185:XI:2 (Sept. 10, 2016), P.L. 34-042:XI:2 (Sept. 16, 2017), P.L. 34-
116:XI:2 (Aug. 24, 2018), P.L. 35-036:XI:2 (Sept. 4, 2019), P.L. 35-
099:XII:2 (Sept. 15, 2020), P.L. 36-054:XI:3 (Sept. 11, 2021) and P.L. 36-
107:XI:2 (Sept. 12, 2022). Subsection (a) amended by P.L. 31-077:XII:35 (Sept. 20, 2011).

2014 NOTE: Subsection designations in subsection (d) were altered to conform with the Compiler’s alpha-numeric scheme pursuant to 1 Guam Code Ann. § 1606.