Missouri Revised Statutes
Chapter 104 - Retirement of State Officers and Employees
Section 104.1030 - Death prior to annuity starting date, effect of — surviving spouse's benefits — children's benefits — applicability to members of general assembly and statewide officials.

Effective - 28 Aug 2013
104.1030. Death prior to annuity starting date, effect of — surviving spouse's benefits — children's benefits — applicability to members of general assembly and statewide officials. — 1. If a member with five or more years of credited service or a vested former member dies before such member's or such vested former member's annuity starting date, the applicable annuity provided in this section shall be paid.
2. The member's surviving spouse who was married to the member at the date of death shall receive an annuity computed as if such member had:
(1) Retired on the date of death with a normal retirement annuity based upon credited service and final average pay to the date of death, and without reduction if the member's age was younger than normal retirement eligibility;
(2) Elected option 2 provided for in section 104.1027; and
(3) Designated such spouse as beneficiary under such option.
3. If a spouse annuity is not payable pursuant to the provisions of subsection 2 of this section, or when a spouse annuity has ceased to be payable, eighty percent of an annuity computed in the same manner as if the member had retired on the date of death with a normal retirement annuity based upon credited service and final average pay to the date of death and without reduction if the member's age at death was younger than normal retirement eligibility shall be divided equally among the dependent children of the deceased member. A child shall be a dependent child until death or attainment of age twenty-one, whichever occurs first; provided the age twenty-one maximum shall be extended for any child who has been found totally incapacitated by a court of competent jurisdiction. Benefits otherwise payable to a child under eighteen years of age shall be payable to the surviving parent as a natural guardian of such child if such parent has custody or assumes custody of such minor child or to the legal conservator of such child until such child attains age eighteen. Upon a child ceasing to be a dependent child, that child's portion of the dependent annuity shall cease to be paid, and the amounts payable to any remaining dependent children shall be proportionately increased.
4. For the purpose of computing the amount of an annuity payable pursuant to this section, if the board finds that the death was the natural and proximate result of a personal injury or disease arising out of and in the course of his or her actual performance of duty as an employee, then the minimum annuity to such member's spouse or, if no spouse benefits are payable, the minimum annuity that shall be divided among and paid to such member's dependent children shall be fifty percent of final average pay. The credited service requirement of subsection 1 of this section shall not apply to any annuity payable pursuant to this subsection.
5. The provisions of this section shall apply to members of the general assembly and statewide elected officials except that the credited service and monthly pay requirements described in section 104.1084 shall apply notwithstanding any other language to the contrary contained in this section.
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(L. 1999 S.B. 308 & 314, A.L. 2001 S.B. 371, A.L. 2013 H.B. 233)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title VIII - Public Officers and Employees, Bonds and Records

Chapter 104 - Retirement of State Officers and Employees

Section 104.010 - Definitions.

Section 104.012 - Spouse defined.

Section 104.020 - System created.

Section 104.030 - Highway patrol uniformed members and civilian employees to be members of retirement system — credit for military service, when.

Section 104.035 - Deferred normal annuity on termination of employment to be paid to employee, requirements — reemployment and member of system, prior service credit restored, when — transportation department and highway patrol, deferred normal annui...

Section 104.040 - Members to receive credit for prior service — military service to be considered — purchase of credit for service in the Armed Forces, cost, interest rate, computation — certain creditable prior service, purchase of, effect — nonfede...

Section 104.050 - Years of service used in calculating annuity — noncompensated absences for illness and injury, effect — withdrawal before entitled to deferred annuity, relinquishes all rights — reinstatement of forfeited creditable service, when.

Section 104.060 - No payroll deductions — accumulated contributions refunded, when, to whom.

Section 104.070 - Board to submit estimate of amounts to be contributed by state — included in appropriation request.

Section 104.080 - Member may retire when — waiver of monthly annuity, when.

Section 104.081 - Highway patrol retirement age.

Section 104.090 - Normal annuity of retired member — additional allowance to patrolmen, qualifications — survivorship options — option selected prior to retirement, death of spouse, effect — spouse as beneficiary, effect — dissolution of marriage, ca...

Section 104.100 - Early retirement and retirement, service credits required at age fifty-five — sixty — sixty-five, exception — computation.

Section 104.103 - Annual benefit increase, when, how computed — limitation — reversion of amount of benefit — special consultant, compensation.

Section 104.110 - Disability benefits, who entitled, how calculated, terminated when — medical examination required, when — proof of application for Social Security benefits — death benefit, not payable, when — board to establish definitions — annuit...

Section 104.120 - Accumulated contributions paid as death benefit, when.

Section 104.130 - Death benefit of retired member.

Section 104.140 - Death prior to retirement, benefits.

Section 104.150 - Benefit fund, how held — purpose — deposit, executive director, duties, bond required — investment, board's powers and duties.

Section 104.160 - Board of trustees, membership — nominations and voting rights of members of system.

Section 104.170 - Officers of board of trustees, election, terms, duties — executive director, appointment, powers and duties — process to be served on executive director.

Section 104.175 - Liability insurance coverage authorized, state highways and transportation commission.

Section 104.180 - Meetings of board, quorum, compensation of employees of board — service to system deemed regular duties.

Section 104.190 - Records of board — report — office at Jefferson City — seal — audit of accounts, requirements.

Section 104.200 - Board may correct error in amounts paid member, limitation.

Section 104.210 - Powers of board of trustees.

Section 104.220 - Actuary, selection, duties.

Section 104.230 - Legal services to be rendered by whom.

Section 104.240 - Actions by and against system — process how served — venue of actions against system — no personal liability for official acts by officers and employees.

Section 104.250 - Law creates vested rights — benefits exempt from taxes and executions — exception, subject to child support and spousal maintenance.

Section 104.254 - Spouses of deceased retired members appointed as special consultants, when — duties — compensation — not to affect other benefits.

Section 104.255 - Certain surviving spouses to become consultants — compensation — not to affect survivor's benefits or eligibility for retirement — surviving spouses not receiving payments on or after September 1, 1989.

Section 104.260 - Members retiring after October 1, 1984, may be made consultants, when, procedure — compensation to be exempt from taxes, judgments, claims — unassignability.

Section 104.270 - Medical and death benefits to be furnished, how — state contribution, amount — contracts for, how let.

Section 104.271 - Retirement age, certain employees — "eighty and out".

Section 104.272 - Certain members entitled to credit for service regardless of classification.

Section 104.312 - Pension, annuity, benefit, right, and allowance is marital property — division of benefits order, requirements — information for courts — rejection of division of benefits order — basis for payment to alternate payee.

Section 104.320 - Retirement system to be body corporate, to be known as Missouri state employees' retirement system — powers and duties — medical benefit funds.

Section 104.330 - State employees to be members — military service, effect.

Section 104.332 - Certain legal advisors to be made special consultants on problems of retirement — legal advisor defined.

Section 104.335 - Vesting service — members who are entitled to annuities — requirements, amounts — terminated vested member, judge, administrative law judge or legal advisor, election to pay present value of annuity, eligibility, purchase of prior s...

Section 104.339 - Creditable prior service, members entitled to.

Section 104.340 - Creditable prior service and prior service credits — what is included — special consultants, requirements, compensation.

Section 104.342 - Certain teachers employed by state to be members, when — may elect to remain members of public school retirement system, procedure, election for certain teachers required to be made, when — effect of failure to make election — newly...

Section 104.343 - Military service, purchase of prior service credit, refund to surviving spouse when death occurs before retirement, procedure, limitation.

Section 104.344 - Member entitled to purchase prior creditable service for nonfederal full-time public employment or contractual services — method, period, limitation.

Section 104.345 - Circuit clerks entitled to prior service credit, when — certain circuit clerks to be appointed consultants, duties, compensation to be creditable service, when — clerks entitled to refund of contribution, procedure, also entitled to...

Section 104.347 - Member elected as circuit clerk of certain counties entitled to annuity.

Section 104.350 - Withdrawal from service, when, reentry after withdrawal, how made — forfeiture and reinstatement of creditable service, when.

Section 104.352 - Part-time legislative employees — insurance benefits — vesting service — deferred normal and partial annuities — requirements.

Section 104.354 - Part-time legislative employee retirement benefits — funding.

Section 104.370 - General assembly members entitled to normal annuity, requirements, limitation — election to state office, effect — certain members entitled to creditable prior service — former members as special consultants, compensation — elected...

Section 104.371 - Elective state officers entitled to normal annuity, how computed, exception — additional service, how credited — retirement age, statewide officer, annuity, amount.

Section 104.372 - General assembly members and elective state officers, survivor's income payments, when, amount — death before retirement survivor's benefit — creditable prior service for certain teachers employed by state — surviving spouse, specia...

Section 104.374 - State employee's normal annuity, computation — noncompensated absences counted as membership service, when — employees and general assembly members continuing to serve, cost-of-living increases on retirement or death.

Section 104.378 - Survivors as special consultants on board, when, compensation.

Section 104.380 - Retired members elected to state office, effect of — reemployment of retired members, effect of.

Section 104.395 - Options available to members in lieu of normal annuity — spouse as designated beneficiary, when — statement that spouse aware of retirement plan elected — reversion of amount of benefit, conditions — special consultant, compensation...

Section 104.400 - Normal retirement age — early retirement requirements — annuity, how computed.

Section 104.401 - Retirement requirements and procedure, annuity or deferred normal annuity, payment to commence when — temporary waiver of right to receive, effect, limitation.

Section 104.403 - Certain retirees eligible to apply for medical coverage benefits, amount of contribution, limitations.

Section 104.404 - Certain employees eligible for retirement may apply for medical benefits upon retirement, amount of contribution, time limitations.

Section 104.410 - Disability benefits, who entitled, eligibility — how calculated — eligibility requirements — disabled, a normal retiree, when — termination of disability, effect.

Section 104.415 - Annual benefit increase, when, how computed — minimum — maximum increase — payable when — temporary waiver of right to receive, effect, limitation.

Section 104.420 - Death before retirement, member or disabled member — surviving spouse to receive benefits — if no qualifying surviving spouse, children's benefits.

Section 104.422 - Accumulated contribution as death benefit of member or former member.

Section 104.436 - Financing pattern for contribution determinations — commissioner of administration to certify payment.

Section 104.438 - Benefit funds, pay period certification of amount required — treasurer to transfer amount to fund.

Section 104.440 - Benefit fund, how held — board's powers — deposit — bond of executive director, investment of fund.

Section 104.450 - Board of trustees, membership of — appointed members and elected members, how chosen.

Section 104.460 - Board officer, selection, terms — elected members campaign disclosure procedure, penalty — executive director and staff, appointment, salaries, expenses — service of process to be served on director or director's designee.

Section 104.470 - Meeting of board — quorum — meetings not required for decisions of board, procedure, exception — expenses — failure to attend, result, exceptions — vacancies.

Section 104.480 - Records of board — financial report — office at Jefferson City — seal — audit of accounts, requirements.

Section 104.490 - Correction of errors in amount paid members — falsification of records, penalty — survivor or beneficiary charged with killing member, denial of benefits, resumption of payments if not convicted.

Section 104.500 - Powers and duties of board — conflict of interest of members or employees prohibited.

Section 104.510 - Actuary, selection — duties.

Section 104.515 - Insurance and disability benefits to be kept in separate accounts — state's contribution, amount, contribution to be made from highway funds for certain employees, when — employees and families, who are covered for medical insurance...

Section 104.516 - Conservation department, contributions for insurance for uniformed agents, when.

Section 104.517 - Life insurance benefits, employees covered — certain departments and highway patrol may elect coverage — amount — additional insurance by payroll deductions, maximum — retention of coverage on retirement, cost deducted from retireme...

Section 104.518 - Disability income benefits, employees covered — certain members of water patrol eligible.

Section 104.519 - Rules established for insurance and disability benefits — selection of insurance companies by bids — coverage of state employees under teacher retirement system eligible for insurance program — certain employees not eligible, when.

Section 104.520 - Legal advice, representation — attorney general to provide legal services, when.

Section 104.530 - Actions by and against system — process, how served — venue.

Section 104.540 - Law creates vested rights — certain contributions may be withheld from benefits and paid over.

Section 104.550 - Consulting firms assisting board, preference to be given Missouri based companies, when.

Section 104.552 - Department of health and senior services employee entitled to creditable prior service, when — application, time period.

Section 104.601 - Years of service to include unused accumulated sick leave, when — credited sick leave not counted for vesting purposes — applicable also to teachers' and school employees' retirement system.

Section 104.602 - Creditable service not previously credited to members of either system to be credited, when — duplicate credit prohibited — death of a member prior to exercise of transfer rights, rights of survivor.

Section 104.603 - Reciprocal transfer of creditable service, when.

Section 104.604 - Surviving spouse to receive benefits from only one member — right to elect.

Section 104.605 - Eligible rollover distribution and eligible retirement plan defined — compliance with IRS code required, when.

Section 104.606 - Purchase of creditable service, required before receipt of retirement annuity.

Section 104.608 - General assembly member may become consultant if denied credit in system due to membership in other state systems — compensation to be creditable service for all service in general assembly.

Section 104.610 - Special consultants, employment as, when — compensation, how, calculation of — severability provisions — former members as special consultants, when — certain special consultants may be eligible for survivor benefits.

Section 104.612 - Consultants, extra duty, compensation — benefit increases, limitations — survivors of judges, administrative law judges, and legal advisors to be consultants — limited survivor benefits extended to all members, one-time refund payme...

Section 104.615 - Minimum monthly benefits.

Section 104.620 - Contribution refund to members — effect on benefits — record retention — reversion to credit of fund, when — reversion of unclaimed benefits, when — refund received, when.

Section 104.621 - Affirmative action plan for hiring money managers, brokers and investment counselors, required — report to joint committee on public employee retirement.

Section 104.625 - Annuities and lump sum payments, when, determination of amount.

Section 104.800 - Transfers of creditable service to other retirement system — transfer to be made, when — effect of transfer — death of member prior to retirement and transfer to be computed under system with most advantageous benefits.

Section 104.801 - Health benefit coverage mandated by general assembly to be applicable to health benefit plans for state employees.

Section 104.805 - Employees transferred to department of transportation (MoDOT) not members of closed department of transportation and highway patrol employees' retirement system unless election made, procedure.

Section 104.806 - Certain employees transferred to MoDOT, not to become members of MoDOT retirement system unless elect to, procedure.

Section 104.810 - Water patrol employees, membership options.

Section 104.1003 - Definitions.

Section 104.1006 - Year 2000 plan, citation, applicability of other provisions.

Section 104.1009 - Membership in year 2000 plan.

Section 104.1012 - Plans to be managed by appropriate boards.

Section 104.1015 - Election into year 2000 plan, effect of — comparison of plans provided — calculation of annuity.

Section 104.1018 - Vesting of benefits, when — reemployment of member, effect of.

Section 104.1021 - Credited service determined by board — calculation.

Section 104.1024 - Retirement, application — annuity payments, how paid, amount — election to receive annuity or lump sum payment for certain employees, determination of amount.

Section 104.1027 - Options for election of annuity reduction — spouse's benefits — dissolution of marriage, cancellation of election, when.

Section 104.1030 - Death prior to annuity starting date, effect of — surviving spouse's benefits — children's benefits — applicability to members of general assembly and statewide officials.

Section 104.1033 - Early retirement annuity, when.

Section 104.1036 - Deferred annuity, when — annuity starting date election — death of member, effect on annuity.

Section 104.1039 - Reemployment of a retiree, effect on annuity — cost-of-living adjustments.

Section 104.1042 - Long-term disability, effect on retiree's annuity.

Section 104.1045 - Cost-of-living adjustment, amount.

Section 104.1048 - Waiver of monthly payment or COLA.

Section 104.1051 - Annuity deemed marital property — division of benefits.

Section 104.1054 - Benefits are obligations of the state — benefits not subject to execution, garnishment, attachment, writ of sequestration — benefits unassignable — reversion of benefits, when — refund received, when.

Section 104.1057 - Year 2000 plan, a qualified plan according to federal law.

Section 104.1060 - Erroneous amount paid, correction — penalty for falsification — disqualification from receipt of payments, when.

Section 104.1063 - Rulemaking authority.

Section 104.1066 - Actuarial evaluations, methods used — certification of contribution rate, when.