Montana Code 19-17-405. Survivorship benefits to surviving spouse or dependent children
19-17-405. Survivorship benefits to surviving spouse or dependent children. (1) Subject to subsection (2) and the limitation in subsection (4), survivorship benefits equal to the full or partial pension benefits otherwise payable to the deceased member must be paid or continue to be paid to:
Terms Used In Montana Code 19-17-405
- Dependent: A person dependent for support upon another.
- 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.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)the surviving spouse, unless the spouse is convicted of knowingly, purposely, or intentionally causing a member’s death or disability;
(b)the dependent children upon the spouse’s death; or
(c)if the deceased member left no surviving spouse but left a dependent child, to the guardian or other person having custody of the dependent child.
(2)Benefits payable to a dependent child must be paid pursuant to 19-2-803.
(3)The survivorship benefit must be paid in each of the following circumstances:
(a)the death on or after July 1, 1995, of a member who had at least 10 years of service and who was not receiving pension benefits; or
(b)the death on or after July 1, 1985, of a retired member who was receiving pension benefits but who had not received benefits for a total of 40 months.
(4)Survivorship benefits under subsection (1) terminate when benefits have been paid for a total of 40 months, including any pension or disability benefits paid to the retiree before death. At the request of the recipient, a lump-sum payment may be made in lieu of up to 40 months of survivorship benefits.