(a) If a member who has been a member for at least ten years, while in covered employment
after the effective date of this article, has died or dies from any cause other than
those specified in section twenty-three of this article and not due to vicious habits,
intemperance or willful misconduct on his or her part, the fund shall pay annually
in equal monthly installments to the surviving spouse during his or her lifetime,
a sum equal to the greater of: (1) One half of the annual compensation received in
the preceding twelve-month employment period by the deceased member; or (2) if the
member dies after his or her early or normal retirement age, the monthly amount which
the spouse would have received had the member retired the day before his or her death,
elected a one hundred percent joint and survivor annuity with the spouse as the joint
annuitant, and then died. Where the member is receiving disability benefits under this article at the time
of his or her death, the average monthly compensation received in the plan year prior
to disability shall be substituted for the annual compensation in subdivision (1)
of this subsection.
(b) Benefits for a surviving spouse received under this section, or other sections
of this article are in lieu of receipt of any other benefits under this article for
the spouse or any other person or under the provisions of any other state retirement
system based upon the member's covered employment.
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