New Hampshire Revised Statutes 100-A:9 – Ordinary Death Benefit; Group I and II Members
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I. Upon receipt by the board of trustees of proper proof of the death of a group I or group II member in service indicating that such death was not the result of an accident occurring while in the performance of duty, there shall be a death benefit payable to the member’s surviving spouse or designated beneficiary or beneficiaries, if living, otherwise to the member’s estate. For purposes of this section only, any group I or group II member who dies on or after January 1, 2007 while performing qualified military service shall be considered a member in service at the time of death whose death was not the result of an accident occurring while in the performance of duty as a member.
II. If the member has at least 10 years combined creditable service or was eligible for service retirement at the time of the member’s death, there shall be payable to the member’s surviving spouse an allowance, continuing until the spouse’s death, equal to 50 percent of the service retirement allowance that would have been payable to the member had the member retired immediately prior to death, based on average final compensation and creditable service at the time of death. In lieu of an allowance, the surviving spouse may elect a lump sum benefit equal to the deceased member’s annual earnable compensation, in addition to the amount payable under N.H. Rev. Stat. § 100-A:11.
III. If the member did not have at least 10 years combined creditable service and was not eligible for service retirement at the time of death, there shall be payable to the member’s spouse or the member’s designated beneficiary or beneficiaries, if other than the member’s spouse, if living, otherwise to the member’s estate, a lump sum equal to the greater of either:
(a) $3,600 or
(b) An amount which is equal to the deceased member’s annual earnable compensation at the time of death in addition to the amount payable under N.H. Rev. Stat. § 100-A:11.
IV. However, if the member had at least 10 years combined creditable service or was eligible for service retirement, but is not survived by a spouse, or has designated a beneficiary or beneficiaries other than the member’s spouse, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member’s estate, a lump sum equal to the greater of either:
(a) $3,600 or
(b) An amount which is equal to the deceased member’s annual earnable compensation at the time of death, in addition to the amount payable under N.H. Rev. Stat. § 100-A:11.
II. If the member has at least 10 years combined creditable service or was eligible for service retirement at the time of the member’s death, there shall be payable to the member’s surviving spouse an allowance, continuing until the spouse’s death, equal to 50 percent of the service retirement allowance that would have been payable to the member had the member retired immediately prior to death, based on average final compensation and creditable service at the time of death. In lieu of an allowance, the surviving spouse may elect a lump sum benefit equal to the deceased member’s annual earnable compensation, in addition to the amount payable under N.H. Rev. Stat. § 100-A:11.
Terms Used In New Hampshire Revised Statutes 100-A:9
- Average final compensation: shall mean :
(a) For members who have attained vested status prior to January 1, 2012, the average annual earnable compensation of a member during his or her highest 3 years of creditable service, or during all of the years in his or her creditable service if less than 3 years. See New Hampshire Revised Statutes 100-A:1 - Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: shall mean any person receiving a retirement allowance or other benefit as provided herein. See New Hampshire Revised Statutes 100-A:1
- board: shall mean the board provided for in N. See New Hampshire Revised Statutes 100-A:1
- Creditable service: shall mean prior service plus membership service, as provided in N. See New Hampshire Revised Statutes 100-A:1
- Earnable compensation: shall mean :
(a) For members who have attained vested status prior to January 1, 2012 the full base rate of compensation paid, as determined by the employer, plus any overtime pay, holiday and vacation pay, sick pay, longevity or severance pay, cost of living bonus, annual attendance stipend or bonus, additional pay for extracurricular and instructional activities for full-time teachers and full-time employees who are employed in paraprofessional or support position, additional pay for instructional activities of full-time faculty of the community college system, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except cash incentives paid by an employer to encourage members to retire, supplemental pay paid by the employer while the member is receiving workers' compensation, and teacher development pay that is not part of the contracted annual salary. See New Hampshire Revised Statutes 100-A:1 - Member: shall mean any person included in the membership of the retirement system, as provided in N. See New Hampshire Revised Statutes 100-A:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Qualified military service: means any service in the uniformed services as defined in 38 U. See New Hampshire Revised Statutes 100-A:1
- Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions hereof. See New Hampshire Revised Statutes 100-A:1
- Retirement allowance: shall mean the sum of the member annuity and the state annuity. See New Hampshire Revised Statutes 100-A:1
- Service: shall mean service as an employee, a teacher, a permanent policeman or a permanent fireman which is paid for by an employer. See New Hampshire Revised Statutes 100-A:1
III. If the member did not have at least 10 years combined creditable service and was not eligible for service retirement at the time of death, there shall be payable to the member’s spouse or the member’s designated beneficiary or beneficiaries, if other than the member’s spouse, if living, otherwise to the member’s estate, a lump sum equal to the greater of either:
(a) $3,600 or
(b) An amount which is equal to the deceased member’s annual earnable compensation at the time of death in addition to the amount payable under N.H. Rev. Stat. § 100-A:11.
IV. However, if the member had at least 10 years combined creditable service or was eligible for service retirement, but is not survived by a spouse, or has designated a beneficiary or beneficiaries other than the member’s spouse, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member’s estate, a lump sum equal to the greater of either:
(a) $3,600 or
(b) An amount which is equal to the deceased member’s annual earnable compensation at the time of death, in addition to the amount payable under N.H. Rev. Stat. § 100-A:11.