Section 45-37A-51.229 - Eligibility for survivor's benefits(a) The surviving spouse of the deceased or participant described in Section 45-37A-51.228 shall be eligible to receive a survivor's benefit. The next foregoing sentence shall apply to a spouse married to the retiree or participant at the time of such retiree's or participant's death, regardless of whether the marriage occurred before or after the retiree's or participant's departure from service. The surviving spouse shall continue to be eligible to receive the monthly survivor's benefit until he or she shall die or remarry, whichever shall first occur. If a survivor's benefit ceases because the survivor remarries, in the event the marriage is terminated by annulment, divorce, or death of the survivor's spouse, then on such termination the survivor shall be eligible to receive the survivor's benefits.(b) In the event the deceased retiree or participant should not be survived by his or her spouse or in the event the spouse should fail to qualify hereunder, a survivor's benefit shall be payable to the child or children of the deceased retiree or participant. No survivor's benefit shall be payable to such child if married or over age 18, except that with respect to an unmarried child or children who shall continue to be a student regularly attending school, benefits shall continue to be payable until they attain age 23. The exclusion of a child over age 18 from the benefit shall not apply to a child who is an unmarried disabled child within the definition of disabled child contained in the sentence next following. As herein used the term disabled child means a son or daughter, regardless of age, who becomes disabled prior to attaining age 18 and afflicted with a medically determinable physical or mental impairment or impairments, by reason of which impairment or impairments the son or daughter has been unable, and continues to be unable, to engage in any substantial gainful activity.Ala. Code § 45-37A-51.229 (1975)
Act 2006-339, p. 851, Art. VI, §11.