PERAC's Survivor Guide - Guaranteed Minimum Allowance
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Survivor Guide

     


     GUARANTEED MINIMUM ALLOWANCE
                  

Is a member’s spouse entitled to minimum allowance?

     A member’s surviving spouse is guaranteed a minimum allowance if the member designated the spouse as his/her beneficiary or if the spouse elected to receive Option D benefits and:

  • the member dies as a member-in-service, and
  • was married for at least one year, and
  • had completed at least two years of creditable service

     The couple must be living together at the time of the member’s death or if they are living apart, it must be for a justifiable cause other than the spouse’s desertion or moral turpitude.

What is the minimum allowance?

     The spouse would receive $250.00 per month or $3,000.00 annually.

    

Additional Allowance for the Benefit of Children


If a spouse is receiving a guaranteed minimum allowance, is there any additional benefit for the children?

     The spouse can receive an additional allowance of $120.00 a month (or $1440.00 annually) for the benefit of the first eligible child and $90.00 per month (or $1080.00 annually) for each additional eligible child.

When does this additional allowance terminate?

     Payments to the spouse for the benefit of the children will continue until each child’s 18th birthday. If a child is a full-time student at an accredited educational institution, benefits will be extended until the child’s 22nd birthday. Benefits terminate upon the date a child ceases to be a full-time student or upon a child’s marriage, whichever first occurs. Benefits are halted upon a child’s adoption or death. There is no termination of benefits for a child who is physically or mentally incapacitated from earning on the date of the member’s death.

   

Allowance Limitation


Is the amount of the allowance limited?

     The Option D benefit, together with amounts payable to a surviving spouse for the benefit of children, cannot exceed the annual rate of regular compensation the member was receiving on the date of his/her death.

    

Remarriage or Death of Spouse


What happens if the member’s spouse remarries?

     The spouse will continue to receive the minimum allowance.

What benefits are payable to a member’s eligible children if the member is unmarried or the spouse dies after receiving some benefits?

     The allowance which would have been payable to the spouse, and the additional allowance for the benefit of the children, will be paid to the surviving eligible children through a legally appointed guardian.

   

Member’s Death with Less than Two Years of Service


What benefits are payable if an individual dies as a member with less than two years of service?

     If a member dies with less than two years of service and has designated an Option D beneficiary, the nominated eligible beneficiary would receive the Option C allowance the member would have received if the member had retired on the date of his/her death. If the member is under age 55 on the date he or she dies, the allowance would be calculated as if the member had attained age 55. If the member’s death occurs at age 55 or older, the allowance would be calculated using the member’s actual age on the date of death.

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