In order for a member to be eligible for survivor benefits under Arkansas Code § 24-7-710, the following conditions must be met:
1. The member must be an active member at the time of death.
- For the purpose of Survivor eligibility, a member is considered active for an additional fiscal year following the last fiscal year the member rendered actual service to an ATRS covered employer and obtained at least one-fourth (1/4) year of Service Credit.
2. The member must have a minimum of five (5) years of actual credited service with ATRS.
Surviving Spouse
Upon the death of an active member who meets the eligibility requirements, the surviving spouse (unless an alternate beneficiary is named), who was married to the member for at least two years immediately preceding the member's death, shall receive survivor benefits as if the member had retired under annuity Option A to provide 100% survivor benefits. The surviving spouse shall be eligible for Immediate Survivor Benefits if the member, at the time of death, had:
1. Reached age 60; or
2. Accumulated 28 or more years of actual and reciprocal Service Credit; or
3. Accumulated 25 to 27.75 years of service, which would qualify for an early retirement benefit with applicable reduction.
In all other cases, Deferred Survivor Benefits will become payable to the eligible surviving spouse the month after the deceased member would have turned age sixty (60).
Immediate Survivor Benefits - The immediately eligible survivor is entitled to receive monthly benefits beginning the month after the death of the member IF the survivor application is received by ATRS within six (6) full calendar months of the death of the member.
Benefits for an immediately eligible survivor whose application is received after six (6) full calendar months of the death of the member will begin the month the application was received by ATRS.
Deferred Survivor Benefits - The deferred eligible survivor is entitled to receive benefits the month after the deceased member would have turned age sixty (60). ATRS must receive the Survivor Application no later than the month of the deceased member's sixtieth birthday in order to begin payment of survivor benefits the following month. Otherwise, once the deferred survivor is eligible, monthly benefits will begin the month that the survivor application is received by ATRS.
The surviving spouse benefits are payable for the surviving spouse's lifetime. Remarriage does not cancel the spouse's survivor benefits.
Surviving Dependent Children
A natural or adopted child of the member may be eligible to receive a survivor's annuity if the child:
1. Is under the age of 18; or
2. Is under the age of 23, and has been continuously enrolled in an accredited education institution since the age of 18; or
3. Has been deemed physically or mentally incapacitated by a court of competent jurisdiction, regardless of age, for as long as the incapacity exists.
Surviving dependent children shall each receive an annuity equal to 20% of the member's highest salary year received in covered employment, including the salary that would have been earned in the year of the member's death; unless there are more than three surviving dependent children. If there are more than three surviving dependent children, 60% of the member's highest salary year shall be divided equally.
The surviving dependent child benefits will begin the month after the death of the member IF the survivor application is received by ATRS within six (6) full calendar months of the death of the member.
If application is received after six (6) full calendar months of the death of the member, the surviving child benefit will begin the month the application is received by ATRS.
The benefits are payable until the dependent child reaches eighteen (18) years of age or, up to the age of 23, if the dependent child continues consecutively as a full-time student at an accredited secondary school, college, or university.
Surviving dependent child benefits for a child who has been deemed physically or mentally incapacitated by a court of competent jurisdiction is eligible to receive a dependent child annuity for as long as the incapacity exists, regardless of age.