Maine Revised Statutes Title 5 Sec. 18003 – Computation of benefit
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1. Surviving spouse; no dependent children. If the qualifying member is survived by a spouse and no dependent child, the surviving spouse shall be paid 2/3 of the average final compensation of the qualifying member.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 18003
- Average final compensation: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001 Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001 Dependent: A person dependent for support upon another. Dependent child: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 qualifying member: means a member who dies as a result of an injury arising out of and in the course of employment as an employee, or a former member receiving a disability retirement benefit who dies as a result of an injury arising out of and in the course of employment as an employee. See Maine Revised Statutes Title 5 Sec. 18001 Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001 Surviving spouse: means the spouse alive at the time of the death of the member or former member. See Maine Revised Statutes Title 5 Sec. 17001
2. Surviving spouse having care of dependent children. If the qualifying member is survived by a spouse who has the care of the dependent child or dependent children of the qualifying member, the surviving spouse shall be paid an annual sum equal to the average final compensation of the qualifying member.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
3. Surviving spouse not having care of dependent children. If the qualifying member is survived by a spouse who does not have the care of the dependent child or dependent children of the qualifying member, the surviving spouse shall share with the dependent child or dependent children an annual sum equal to the average final compensation of the qualifying member, the benefit to be divided equally among the surviving spouse and the dependent child or dependent children.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
4. No surviving spouse. If no spouse survives the qualifying member, the dependent child or dependent children shall be paid an annual sum equal to the average final compensation of the qualifying member.
[PL 1985, c. 801, §§ 5, 7 (NEW).]
SECTION HISTORY
PL 1985, c. 801, §§5,7 (NEW).