State Plans and Survivor Rights Information
05/17/13
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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