§464. Accidental and occupationally related death benefit

Link to law: http://legislature.vermont.gov/statutes/section/03/016/00464
Published: 2015

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Title

03

:
Executive






Chapter

016

:
VERMONT EMPLOYEES RETIREMENT SYSTEM






Subchapter

001
:
GENERALLY










 

§

464. Accidental and occupationally related death benefit

(a) If the

retirement board shall find on the basis of such evidence as may come before it

that a group A, group D, or group F member in service died prior to his or her

retirement under the system as the natural and proximate result of an accident

occurring at a definite time and place during the course of his or her

performance of duty as an employee and that such accident was not the result of

the member's own gross negligence or willful misconduct, a retirement allowance

shall be paid to his or her designated dependent beneficiary during his or her

life.

(b) If the

retirement board shall find on the basis of such evidence as may come before it

that a group C member in service died prior to his or her retirement under the

system as the natural and proximate result of an accident occurring at a

definite time and place during the course of his or her performance of duty as

an employee and that such accident was not the result of his or her own gross

negligence or wilful misconduct, a retirement allowance shall be paid to his or

her dependent spouse during her or his life, or if there be no dependent

spouse, or if the dependent spouse dies before the youngest child of the

deceased member has attained age 18, age 23 in the case of a dependent student,

then to his or her child or children under said age until the youngest of such

children attains such age, divided in such manner as the retirement board in

its discretion shall determine provided that the total annual payments to all

such children shall not exceed the retirement allowance which would have been

payable to the dependent spouse. If a member leaves no dependent spouse or

child under said age upon his or her death, then a retirement allowance may be

payable at the discretion of the retirement board to his or her dependent

parent or parents provided that the total allowance payable shall not exceed

the retirement allowance which would have been payable to the dependent spouse.

In the case of the payment of a retirement allowance under this section to a

child of a deceased group C member who is a dependent student, the retirement

allowance shall continue while such child remains a dependent student until he

or she attains age 23.

(c) The retirement

allowance payable to the dependent spouse of a deceased member under this

section shall be equal to 25 percent of the member's average final compensation

at the time of his or her death.

(d)

Notwithstanding subsection (c) of this section, a dependent spouse of a

deceased group C member under this section shall receive as a minimum an

allowance which:

(1) If his or

her compensation from the state was not subject to social security withholding

will; or

(2) If his or

her compensation from the state was subject to social security withholding

will, when added to survivor's insurance benefit, be equal to 35 percent of

average final compensation plus ten percent of average final compensation for

each dependent child, not in excess of three, who has not attained age 18 or,

if a dependent student, who has not attained age 23. Where, pursuant to this

section, a retirement allowance is payable to a child or parent eligible for a

survivor's insurance benefit the allowance payable under this subsection shall

be inclusive of such person's survivor's insurance benefit.

(e) The

retirement allowance payable to a dependent spouse under this section who also

qualifies for an ordinary death benefit under section 465 of this title shall

in no event be less than the death benefit which would otherwise be payable to

such spouse under section 465 of this title. (Added 1971, No. 231 (Adj. Sess.),

§ 4; amended 1981, No. 41, § 12; 1985, No. 160 (Adj. Sess.), § 1; 1989, No. 277

(Adj. Sess.), § 17o, eff. Jan. 1, 1991; 1997, No. 89 (Adj. Sess.), § 7; 2003,

No. 122 (Adj. Sess.), § 297a.)
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