Qualified Surviving Spouse definition
Qualified Surviving Spouse means the individual to whom a Participant is married or with whom the Participant has entered into a civil union, as determined under Colorado law, on the effective date of the Member’s normal or early retirement, or in the case of a vested retirement, the date on which the Member becomes eligible to receive a benefit payment. If a Member marries or enters into a civil union after benefits commence, that spouse or partner in a civil union is not eligible for survivor benefits. The spouse or civil union partner of the Member at the death of the Member is the Qualified Surviving Spouse if, as of the date of death, the Member had separated from Service, and the Member would have been eligible to receive a monthly retirement benefit, monthly reduced retirement benefit, or a monthly vested separation benefit. The term “Qualified Surviving Spouse” may include a spouse by common law marriage, if the Member or such spouse can prove the existence of a common law marriage. A common law marriage is established by the mutual consent or agreement of the couple to enter a marital relationship - that is, to share a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation, followed by conduct manifesting that mutual agreement. In assessing whether a common law marriage has been established, weight should be given to evidence reflecting a couple's express agreement to marry, such as an affidavit of common law marriage. In the absence of an express agreement, the parties' agreement to enter a marital relationship may be inferred from their conduct. When examining the parties' conduct, relevant factors as evidence of a common law marriage may include, but shall not be limited to, evidence of cohabitation, reputation in the community as spouses, joint credit, joint checking or savings accounts, joint purchase and ownership of property, joint tax returns, or the use of one spouse's surname by the other or by the children raised by the parties, leases in both parties' names, joint bills or other payment records, evidence of joint estate planning, beneficiary and emergency contact designations, or other symbols of commitment, such as ceremonies,
Qualified Surviving Spouse means the surviving spouse of an individual described in subsubitem (i) while remaining unmarried, who resides in the house, and who owns the house in fee or for life. Qualified surviving spouse also means the surviving spouse of a member of the armed forces of the United States who was killed in action, or the surviving spouse of a law enforcement officer or firefighter who died in the line of duty as a law enforcement officer or firefighter, as these terms are further defined in Section 23‑23‑10 and Chapter 80, Title 40, who at the time of death owned the house in fee or jointly with the now surviving spouse, if the surviving spouse remains unmarried, resides in the house, and has acquired ownership of the house in fee or for life;
Qualified Surviving Spouse means the individual to whom a Participant is married or with whom the Participant has entered into a civil union, as determined under Colorado law, on the effective date of the Member’s normal or early retirement, or in the case of a vested retirement, the date on which the Member becomes eligible to receive a benefit payment. If a Member marries or enters into a civil union after benefits commence, that spouse or partner in a civil union is not eligible for survivor benefits. The spouse or civil union partner of the Member at the death of the Member is the Qualified Surviving Spouse if, as of the date of death, the Member had separated from Service, and the Member would have been eligible to receive a monthly retirement benefit, monthly reduced retirement benefit, or a monthly vested separation benefit. The term “Qualified Surviving Spouse” may include a spouse by common law marriage, if the Member or such spouse can prove the existence of a common law marriage. A common law marriage is established by the mutual consent or agreement of the parties to be spouses by marriage, followed by a mutual and open assumption of a marital relationship. Evidence of a common law marriage may include, but shall not be limited to, evidence of cohabitation, joint credit, joint checking and/or savings accounts, joint purchase of a house, joint tax returns, an affidavit of common law marriage, or evidence that the spouse or Member represented that they were married. There is no single form that any such evidence must take. Any form of evidence that openly manifests the intention of the parties that their relationship is that of a married couple will provide the requisite proof from which the existence of their mutual understanding can be inferred. An initial determination as to whether an individual qualifies as a spouse by common law marriage for Qualified Spouse status may be made by a Staff Determination. An appeal of the initial determination may be made by requesting an evidentiary hearing before a hearing officer pursuant to Rule 509 of the FPPA Rules and Regulations within 30 days of issuance of the initial determination.