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State Plans and Survivor Rights Information

Alabama

     Retirement Systems of Alabama

What is required on benefit election forms?
Spousal consent not required.
Notes: Default option provides no survivor benefit.
Source: AL State Code: §36.27.16
AL Administrative Code: 800-2-1-03

Alaska

     Alaska Division of Retirement and Benefits

What is required on benefit election forms?
Spousal consent required
Notes: Survivor benefit provided by default. Consent requirement can be waived in certain limited circumstances.
Source: AK State Code: §39.35.450

Arizona

     Arizona State Retirement System

What is required on benefit election forms? Spousal consent required
Notes: Survivor benefit provided by default if no consent is provided.
Source: AZ Revised Statutes: §38-776

Arkansas

     Arkansas Public Employees Retirement System

What is required on benefit election forms?
Spousal acknowledgment required if survivor benefit waived.
Notes: If spouse refuses to acknowledge, plan will pay single life benefit regardless.
Source: APERS Board of Trustees Regulations: Regulation 215

California

     California Public Employees Retirement System

What is required on benefit election forms?
Spousal consent required.
Notes: Participant can request the consent requirement to be waived if spouse refuses to sign election form.
Source: CA Government Code: §21261

Colorado

     Colorado Public Employees Retirement Association

What is required on benefit election forms?
Spousal consent is not required.
Notes: Default option provides no survivor benefit.
Source: CO Revised Statutes: §24.51.801;
8 CCR 1502-1 CO PERA Rules, 8.10

Connecticut

     Connecticut State Employees Retirement System 

What is required on benefit election forms?
Spousal consent required.
Notes: Survivor benefit provided by default if no consent is provided.
Source: CT Statute:  §5-165; 5-192q
CT SPD: Tier I, Tier II, Tier III

Delaware

     Delaware Public Employees Retirement System

What is required on benefit election forms?
Survivor benefit is mandatory
Notes:  
Source: DE State Code: §5528

D.C.

     District of Columbia Retirement Board

What is required on benefit election forms?                                                    
Spousal consent not required.
Notes:

Police & Firefighter Plan provides mandatory survivor benefit.
Teacher's Plan does not require consent.

Source: Police: D.C. Code: §5-716
Teachers: D.C. Code: §38-2021.05

Florida

     Florida Retirement System

What is required on benefit election forms?
Spouse must be notified of benefit election.
Notes: Spouse must either acknowledge benefit election in writing, or the plan will send the spouse a letter of notification if spouse refuses to sign.
Source: FL Statute: §121.091
FL Administrative Code: 60S-4.010

Georgia

     Employees Retirement System of Georgia

What is required on benefit election forms?
Spousal consent is not required.
Notes: Survivor benefit is optional.
Source: GA Code: O.C.G.A. §47-2-121

Hawaii

     State of Hawaii Employee Retirement System

What is required on benefit election forms?
Spouse must be notified by mail.
Notes: Default option provides no survivor benefit.
Source: HI Revised Statutes: Title 7, §88-83
HI Administrative Rules: §6-26-5

Idaho

     Public Employee Retirement System of Idaho

What is required on benefit election forms?
Spousal consent required
Notes: Plan will elect option without survivor benefit if worker delays application by 90 days.
Source: ID Administrative Code: IDAPA 59.01.06, PERSI Retirement Rules, Rule 122

llinois

     State Employees Retirement System of Illinois

What is required on benefit election forms?
Survivor benefit is mandatory.
Notes:  
Source: IL Statute: 40 ILCS §5/14-118

Indiana

     Public Employees Retirement Fund

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: IN Code: IC §5-10.2-4-1.3
IN Admin Code: 35 IAC §1.2-5-1

Iowa

     Iowa Public Employees Retirement System

What is required on benefit election forms?
Spousal consent required.
Notes:  
Source: IA Administrative Code: §495.11.1 (97B)

Kansas

     Kansas Public Employees Retirement System

What is required on benefit election forms?
Spousal consent is required.
Notes: Spouse must provide consent within 90 days - otherwise plan will pay whichever option was elected.
Source: KS Statute: §74-4918a

Kentucky

     Kentucky Retirement Systems

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: KY Statute: §61.635
KY Admin. Reg.: 105 KAR 1:200

Louisiana

     Louisiana State Employees Retirement System

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit stops if surviving spouse gets remarried.
Source: LA Revised Statutes: RS §11:446

Maine

     Maine State Retirement System

What is required on benefit election forms?
Spouse must be notified.
Notes: Spouse or participant must certify that spousal notifcation has occurred.
Source: ME Revised Statutes: §17804

Maryland

     State Retirement and Pension System of Maryland

What is required on benefit election forms?
Spousal consent is not required.
Notes: Default option provides no survivor benefit.
Source: MD State Code: §21-403
MD Admin. Reg.: 22.01.14.03

Massachusetts

     Massachusetts State Board of Retirement & Massachusetts Teachers Retirement System

What is required on benefit election forms?
Spouse must be notified.
Notes: Spouse must acknowledge within 30 days, otherwise plan will pay whichever option was elected
Source: MA Statute: Pt I, Title 4, Ch. 32 Section 12

Michigan

     Michigan Office of Retirement Services

What is required on benefit election forms?
Spousal consent is required.
Notes: Consent requirement can be waived by board if there are extenuating circumstances.
Source: MI Statute: §38:31

Minnesota

     Minnesota State Retirement System & Minnesota Teachers Retirement Association

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit provided by default if no consent is provided.
Source: MN Statute: §356.46

Mississippi

     Public Employees Retirement System of Mississippi

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: MS Code Ann.: §25-11-115
MS Admin. Code: Title 27, Pt. 210, Chapter 35, Section 101

Missouri

     Missouri State Employees Retirement System

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit provided by default.
Source: MO State Statute: §104.395

Montana

     Montana Public Employee Retirement Administration

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: MT State Code: §19-3-1501
Admin. Rules of MT: 2.43.2601

Nebraska

     Nebraska Public Employees Retirement Systems

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: NE Revised Statutes: §84-1317
NE Admin. Code: Title 303, Ch. 24

Nevada

     Public Employees Retirement System of Nevada

What is required on benefit election forms?
Spousal consent is required.
Notes: Spouse must provide consent within 90 days - otherwise plan will pay whichever option was elected.
Source: NV Revised Statute: NRS §286.545

New Hampshire

     New Hampshire Retirement System

What is required on benefit election forms?
Spousal acknowledgment required.
Notes:  
Source: NH Statute: §100-A:13

New Jersey

     New Jersey Division of Pension and Benefits

What is required on benefit election forms?
Spousal notification is required.
Notes: If no survivor benefit is elected, plan sends the spouse the notice by certified mail.
Source: NJ Statute: §43:15A-50a

New Mexico

     Public Employees Retirement Association of New Mexico

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit provided by default if no consent is provided.
Source: NM Statute: §10-11-116

New York

     New York State and Local Retirement System

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: NY Statute: Article 2, Title 10, §90
NY Admin. Code: 2 CRR-NY 345.6

North Carolina

     North Carolina Retirement Systems Division

What is required on benefit election forms?
Spousal consent is not required.
Notes: Default option provides no survivor benefit.
Source: NC Statute: G.S. §135-5(g)

North Dakota

     North Dakota Public Employees Retirement System

What is required on benefit election forms?
Spousal consent is not required.
Notes: Default option provides no survivor benefit.
Source: ND Code: §54-52-17.9
ND Admin. Code: §71-02-04-04

Ohio

     Ohio Public Employees Retirement System

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit provided by default if no consent is provided. Consent requirement can be waived by board under certain circumstances.
Source: OH Revised Code: §145.384
OH Admin. Code: §145-1-70

Oklahoma

     Oklahoma Public Employees Retirement System

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit provided by default if no consent is provided.
Source: OK Statutes: §74-918

Oregon

     Oregon Public Employees Retirement System

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit provided by default if no consent is provided.
Source: OR Revised Statutes: §238A.190

Pennsylvania

     Pennsylvania State Employees Retirement System

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: PA Statute: Title 71, §5705
PA Admin. Code: Title 4, §247.5

Rhode Island

     Employees Retirement System of Rhode Island

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: RI Statute: §36-10-18

South Carolina

     South Carolina Retirement Systems

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: SC Statute: §9-1-1620

South Dakota

     South Dakota Retirement System

What is required on benefit election forms?
Survivor benefit is mandatory
Notes:  
Source: SD Statute: §3-12-94

Tennessee

     Tennessee Consolidated Retirement System

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: TN State Code: §8-36-601

Texas

     Employees Retirement System of Texas

What is required on benefit election forms?
Spousal consent is required.
Notes: Consent requirement can be waived by board in certain circumstances.
Source: TX Statute: §804.051
TX Admin. Code: Rule §73.29

Utah

     Utah Retirement Systems

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: UT State Code:  §49-12-402

Vermont

     Vermont State Retirement System

What is required on benefit election forms?
Spousal consent is not required.
Notes: Default option provides no survivor benefit.
Source: VT Statute: 3 V.S.A. §468

Virginia

     Virginia Retirement System

What is required on benefit election forms?
Spousal acknowledgment required.
Notes: Plan has unspecified procedures if spouse refuses to sign acknowledgment.
Source: VA State Code: §51.1-165.1

Washington

     Washington State Department of Retirement Systems

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit provided by default if no consent is provided.
Source: WA Revised Code: RCW §41.40.188

West Virginia

     West Virginia Consolidated Public Retirement Board

What is required on benefit election forms?
Spousal consent is not required.
Notes:  
Source: WV Code: §5-10-24
WV Admin. Law: §162-5-16.1

Wisconsin

     Wisconsin Department of Employee Trust Funds

What is required on benefit election forms?
Spousal consent is required.
Notes: Survivor benefit provided by default if no consent is provided.
Source: WI Statute: §40.24

Wyoming

     Wyoming Retirement System

What is required on benefit election forms?
Spousal consent is required.
Notes:  
Source: WY Admin. Rule: WRS Chapter 19, Rule 3562

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