29Apr2009… 1360h

2009 SESSION

09-0579

10/04

SENATE BILL 160-FN

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill allows the surviving spouse of a retirement system member who is killed or dies in the performance of duty to continue to receive a retirement system annuity after the surviving spouse remarries.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Apr2009… 1360h

09-0579

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

Be it Enacted by the Senate and House of Representatives in General Court convened:

327:1 Retirement System; Accidental Death Benefits; Group I; Surviving Spouse; Dependents. Amend RSA 100-A:8, I(a) to read as follows:

(a) If, upon the receipt by the board of trustees of proper proof of the death of a group I member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to [his widow, to continue during her widowhood] the member’s surviving spouse; or if there is no [widow] surviving spouse, or if the [widow] surviving spouse dies [or remarries] before the youngest child of the deceased member has attained age 18, then to [his] the deceased member’s child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no [widow] surviving spouse or child under age 18 living at the death of the member, then to [his] the member’s dependent father or dependent mother as the board shall determine, to continue for life; [or if the deceased member is a female, the foregoing benefits shall be payable to her widower, children or dependent parents only in like manner and amount;] provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member's estate, a lump sum amount which is equal to the deceased member's base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11.

327:2 Retirement System; Accidental Death Benefits; Group II; Surviving Spouse; Dependents. Amend RSA 100-A:8, II(a) to read as follows:

(a) If, upon the receipt by the board of trustees of proper proof of the death of a group II member in service indicating that such death was the natural and proximate result of an accident occurring while in the performance of duty at some definite time and place, or as the natural and proximate result of repeated trauma or gradual degeneration occurring while in the actual performance of duty or arising out of and in the course of employment or of any occupational disease arising out of or in the course of employment, as defined by RSA 281-A:2, XI and found to be compensable by the commissioner of labor pursuant to RSA 281-A:43; the board decides that death was the result of an accident in the performance of duty and not caused by willful negligence on the part of the member, a state annuity shall be paid to the member’s surviving spouse, [to continue until the surviving spouse remarries;] or if there is no surviving spouse, or if the surviving spouse dies [or remarries] before the youngest child of the deceased member has attained age 18, then to the deceased members’ child or children under such age, divided in such manner as the board in its discretion shall determine, to continue as a joint and survivorship state annuity for the benefit of such child or children under said age until every child dies or attains said age; or if there is no surviving spouse or child under age 18 living at the death of the member, then to the member’s dependent father or dependent mother as the board shall determine, to continue for life; provided that if none of the aforementioned beneficiaries is living or eligible for benefits under the provisions of this section, there shall be payable to the person or persons nominated by the member, if living, otherwise to the member’s estate, a lump sum amount which is equal to the deceased member’s base salary plus accrued benefits not paid at the time of death, in addition to the amount payable under RSA 100-A:11.

327:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: August 21, 2009

Effective Date: October 20, 2009