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,anniversaries, cards, gifts, and the couple's references to or labels for one another. These factors must be assessed in context, and the inferences to be drawn from the parties' conduct may vary depending upon the circumstances. There is no single form that any such evidence must take. Any f...

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;

Examples of Qualified Surviving Spouse in a sentence

• If the Member has no Qualified Surviving Spouse or if the Qualified Surviving Spouse dies, each Qualified Child of the Member will receive an equal share of the monthly Death Benefit starting on the date the Member would have started receiving the monthly retirement benefit, reduced monthly retirement benefit, or vested separation benefit.

• If the Member has no Qualified Surviving Spouse or if the Qualified Surviving Spouse dies, each Qualified Child of the Member will receive an equal share of the monthly Death Benefit.

• If a Member who is receiving a monthly retirement benefit, reduced monthly retirement benefit, or vested separation benefit dies, the Member’s Qualified Surviving Spouse will receive a monthly Death Benefit for life.

• If no selection is made by the Member's Qualified Surviving Spouse, payment shall be made in compliance with Article XI.

• Option 2: In periodic installments of a specified and substantially equal amount, payable monthly over a period not to exceed the joint life expectancy of the Member and the Member's Qualified Surviving Spouse.

• If you die before completing the transactions required to purchase service credit, your Qualified Surviving Spouse or Qualified Surviving Domestic Partner may complete your service credit purchase in a lump sum payment.

• If elected in writing before the required beginning date by the participant and/or the participant's Qualified Surviving Spouse, if applicable, the life expectancy of the participant and/ or the participant's Qualified Surviving Spouse shall be recalculated periodically.

• If any Member having a separate retirement account dies prior to termination, the entire balance in the Member's separate retirement account shall be payable to the Member's Qualified Surviving Spouse or Qualified Children in accordance with their selection of one of the payment options permitted.

• If the Member has no Qualified Surviving Spouse on the date of death, or if the Qualified Surviving Spouse subsequently dies, each Qualified Child of the retired Member shall receive an equal share of the Qualified Surviving Spouse's benefit as long as the child remains a Qualified Child.

• If a Participant described in Section 2.1 or 2.2 dies prior to commencement of payment of his Qualified Retirement Benefit under circumstances in which a Qualified Surviving Spouse Benefit is payable to his Surviving Spouse, then a Supplemental Surviving Spouse Benefit shall be payable under the Plan.