It is enacted by the General Assembly as follows:

SECTION 1. Sections 16-16-26, 16-16-27, 16-16-30, 16-16-32, 16-16-35, 16-16-36, 16-16-37 and 16-16-38 of the General Laws in Chapter 16-16 entitled "Teachers' Retirement" are hereby amended to read as follows:

16-16-26. Spouse's benefits. -- (a) Spouse's benefits are payable following the decease of a member as provided in this chapter: {ADD sections 16-16-25 to 16-16-38, inclusive, ADD}

(1) The spouse shall be entitled to benefits hereunder upon attaining the age of sixty (60) years; provided

(2) The spouse was living with the deceased member at the time of the member's death. A spouse is deemed to have been living with the deceased member if they were both members of the same household on the date of the deceased member's death, or the spouse was receiving regular contributions from the deceased member toward support on that date, or the deceased member had been ordered by a court to contribute to the spouse's support; however,

(3) Remarriage of the spouse shall render him or her ineligible to receive current or future benefits herein.

(b) The spouse of a member, as defined in this section, shall be entitled to monthly benefits payable in accordance with the following table:

(c) Benefits for amounts of "highest annual salary" not shown above shall be determined by the retirement board for the salary in question in accordance with the aforesaid schedule.

{ADD 16-16-27. Family benefits. -- ADD} (a) Family benefits shall be payable upon the decease of the member as provided in this chapter {ADD sections 16-16-25 to 16-16-38, inclusive, ADD} if at the time of the member's death the surviving spouse:

(1) Has in his or her care a child of the deceased member entitled to child benefits;

(2) Is not entitled to a spouse's benefit as provided in this chapter; and

(3) Was living with the deceased member at the time of his death.

(b) Family benefits shall be payable in accordance with the following table:

{ADD The monthly benefit shall be equal to the benefit that would be available to a spouse under section 16-16-26 multiplied by the following percentages: ADD}

{ADD 150% ADD} {ADD 175% ADD} {ADD 175% ADD} {ADD 75% ADD} {ADD 150% ADD} {ADD 175% ADD} $3,000 $236.00 $241.00 $241.00 $104.00 $236.00 $241.00 4,200 288.00 334.00 334.00 160.00 288.00 334.00 5,400 338.00 421.00 421.00 175.00 338.00 421.00 6,600 389.00 470.00 470.00 200.00 389.00 470.00 7,800 447.00 521.00 521.00 220.00 447.00 521.00 9,000 479.00 558.00 558.00 246.00 479.00 558.00 9,600 492.00 574.00 574.00 255.00 492.00 574.00 10,200 510.00 595.00 595.00 270.00 510.00 595.00 11,400 570.00 665.00 665.00 285.00 570.00 665.00 12,600 630.00 735.00 735.00 315.00 630.00 735.00 13,800 690.00 805.00 805.00 345.00 690.00 805.00 15,000 750.00 875.00 875.00 375.00 750.00 875.00 16,200 810.00 945.00 945.00 405.00 810.00 945.00 17,400 870.00 1015.00 1015.00 435.00 870.00 1015.00 18,600 930.00 1085.00 1085.00 465.00 930.00 1085.00 19,800 990.00 1155.00 1155.00 495.00 990.00 1155.00 21,000 1050.00 1225.00 1225.00 525.00 1050.00 1225.00 and over

(c) Benefits corresponding to amounts of " highest annual salary" not shown in the table in subsection (b) shall be consistent with the amounts shown therein to be determined by the retirement board.

(d) Family benefits as set forth in this section are payable to the former spouse divorced of a deceased member, if the former spouse divorced:

(1) Has in his or her care a child of the deceased member who is his or her son, daughter, or legally adopted child entitled to child benefits payable on the basis of the deceased member's salary;

(2) Was receiving from the deceased member, pursuant to agreement or court order, at least one-half (1/2) of his or her support at the time of the deceased member's death;

(3) Is not entitled to a spouse's benefit as provided in this chapter. {ADD sections 16-16-25 to 16-16-38, inclusive. ADD}

(e) The family monthly benefit shall be payable in accordance with the table set forth in this section. A spouse who no longer qualifies for benefits under this section because his or her child or children have attained the age of eighteen (18) years or twenty-three (23) years and a full-time student shall be entitled to receive monthly benefits upon attaining sixty (60) years of age in accordance with the table {ADD benefits ADD} set forth in section 16-16-26. The family benefits provided under this section shall cease upon the remarriage of the surviving spouse.

{ADD 16-16-30. Parent's benefits. -- ADD} (a) Parents benefits are payable to the parent or parents of a deceased member if the member did not leave a widow, widower, or child who could ever qualify for monthly benefits on the member's wages and the parent:

(1) Has reached the age of sixty (60) years;

(2) Has not remarried after the death of the member;

(3) Was receiving at least one-half (1/2) of his or her support from the member at the time of the member's death and filed proof of his or her support within two (2) years of the date of death; and

(4) Is not entitled to a federal or state old age benefit based on his or her own earnings equal to or greater than the amount he or she would be entitled to as the dependent parent of the deceased member.

(b) A parent's benefit shall be payable monthly in accordance with the table {ADD benefits ADD} set forth in section 16-16-26.

{ADD 16-16-32. Refund on retirement. -- ADD} A member at the date of retirement in lieu of the survivors benefits provided in this chapter {ADD sections 16-16-25 to 16-16-38, inclusive, ADD} may elect to receive a lump-sum payment equal to his or her contributions to the teachers' survivors benefit fund, plus interest.

{ADD 16-16-35. Contributions. -- ADD} The cost of the benefits provided in this chapter {ADD sections 16-16-25 to 16-16-38, inclusive, ADD} shall be two percent (2%) of the member's annual salary up to but not exceeding an annual salary of ninety-six hundred dollars ($9,600); one-half (1/2) of such cost shall be contributed by the member by deductions from his or her salary, and the other half (1/2) shall be contributed and paid by the respective city, town, or school district by which the member is employed. These contributions shall be in addition to the contributions provided in section 16-16-22 and shall be paid into the teachers' survivors benefit fund created by this chapter {ADD sections 16-16-25 to 16-16-38, inclusive, ADD} in the same manner as contributions are made under the provisions of section 16-16-22.

{ADD 16-16-36. Teachers' survivors benefit fund. -- ADD} As soon as possible after May 10, 1974, there shall be established by the retirement board a special reserve account to be designated as the "teachers' survivors benefit fund" and all contributions made and other moneys received under this chapter {ADD sections 16-16-25 to 16-16-38, inclusive, ADD} shall be credited to and all payments for benefits shall be charged to this reserve account.

{ADD 16-16-37. Administration. -- ADD} (a) The retirement board shall administer and carry out the provisions of this chapter {ADD sections 16-16-25 to 16-16-38, inclusive, ADD} and shall fix the rate of regular interest payable under this chapter {ADD sections 16-16-25 to 16-16-38, inclusive ADD} to be changed from time to time, based upon the amount of interest earned by the teachers' survivors benefit fund. The retirement board shall also cause a study and review to be made of the financial condition of the teachers' survivors benefit fund at least once every five (5) years by a qualified actuary who shall report his or her findings and make recommendations to the board.

(b) Any negotiated agreement entered into after June 1, 1992 between any state or municipal agency or department and an employee or employees, whose conditions are contrary to the general laws or the rules and regulations and policies as adopted and promulgated by the retirement board, shall be null and void unless and until approved by formal action of the retirement board, for good cause shown.

{ADD 16-16-38. Social security. -- ADD} This chapter {ADD Sections 16-16-25 to 16-16-38, inclusive, ADD} shall not apply to teachers of any city, town, or regional school district who have elected coverage under the federal Social Security Act under the provisions of chapter 7 of title 36.

SECTION 2. {ADD Severability. -- ADD} If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the act, which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.

SECTION 3. The provisions of this act shall apply to all individuals who are currently receiving benefits under sections 16-16-25 through 16-16-38.

SECTION 4. This act shall take effect upon passage.