Effective - 28 Aug 1995
476.535. Survivor's benefits, how paid. — 1. On and after August 28, 1995, if a person who is serving as a judge as defined in section 476.515, or a person had served as a judge and who has been approved for long-term disability benefits, dies, retirement compensation shall be paid in monthly installments to such person's beneficiary in the amount equal to fifty percent of the amount of the retirement compensation provided in section 476.530 regardless of the period of the person's judicial service; except that where the period of service could not have been twelve years or more because of the mandatory retirement provisions of Article V, Section 30*, of the Missouri Constitution, the retirement compensation provided by this subsection shall be reduced by the proportion that the number of years that he would have lacked serving twelve years had he been able to serve until mandatory retirement bears to twelve years.
2. If a person dies who has served in this state an aggregate of twelve years, continuously or otherwise, as a judge, and who, after September 28, 1971, ceased or ceases to hold office by reason of the expiration of the person's term or voluntary resignation, but who was not retired under the provisions of this section, nor withdrawn the person's contributions except as provided in section 476.585, retirement compensation shall be paid in monthly installments to the person's beneficiary in the amount equal to fifty percent of the amount of retirement compensation provided in section 476.530.
3. If a person who has retired under the provisions of sections 476.515 to 476.570** dies, the person's beneficiary shall receive an amount equal to fifty percent of the amount of the retirement compensation that person was receiving at the person's date of death, paid in monthly installments to the person's beneficiary.
4. This section shall not increase, decrease or eliminate any benefits which were being paid to or to which a beneficiary was entitled on or before August 12, 1974.
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(L. 1971 S.B. 132 § 5, A.L. 1974 S.B. 422, A.L. 1982 S.B. 497, A.L. 1988 S.B. 425, A.L. 1995 H.B. 416, et al.)
*Article V, Section 30, of the Missouri Constitution was repealed by S.J.R. 24, 1976.
**Section 476.570 was repealed by H.B. 1634, 1978.
Structure Missouri Revised Statutes
Chapter 476 - Courts — General Provisions
Section 476.001 - Purpose of law.
Section 476.010 - Courts of record.
Section 476.015 - Short title.
Section 476.020 - Courts to keep a seal.
Section 476.030 - Private seal used, when.
Section 476.050 - Records to be kept in English language.
Section 476.056 - Municipal court automation, duties of municipality.
Section 476.057 - Judicial personnel training fund, judicial personnel defined.
Section 476.058 - Court personnel defined — state court administration revolving fund created.
Section 476.060 - Interpreters appointed, when.
Section 476.062 - Court marshals' arrest powers — may carry firearms, when.
Section 476.070 - Power of courts to issue writs.
Section 476.080 - Court or clerk may appoint person to execute process, when.
Section 476.090 - Courts may enforce return of process.
Section 476.100 - No process abated by failure of court to sit.
Section 476.110 - Acts constituting contempt of court.
Section 476.120 - Punishment for contempt.
Section 476.130 - May be punished summarily, when.
Section 476.140 - Commitment for contempt to set forth particulars.
Section 476.150 - Contempt not to be used to enforce civil rights.
Section 476.160 - Parties may be indicted, when.
Section 476.170 - Sittings to be public.
Section 476.180 - Judge interested, not to sit.
Section 476.220 - Judge may call special term for disposition of cause pending.
Section 476.240 - May try civil cases at such special terms.
Section 476.250 - No court to sit on Sunday.
Section 476.260 - Court to audit accounts.
Section 476.265 - Judicial department, budget, procedure for formulation.
Section 476.270 - Expenditures of court to be paid out of county treasury — exceptions.
Section 476.280 - Oath of judges.
Section 476.290 - Judges not to practice law — exception, municipal judges.
Section 476.310 - No judge or clerk to have partner — exception.
Section 476.320 - Judicial conference of the state of Missouri established, members.
Section 476.330 - Conference shall meet, when.
Section 476.340 - Executive council shall be governing body, how formed — members.
Section 476.350 - Duties of judicial conference, executive council and circuit judges.
Section 476.360 - Clerks of various courts shall make reports to executive council.
Section 476.370 - Conference or council empowered to hold hearings.
Section 476.380 - Expense allowance for conference attendance.
Section 476.406 - Employees of twenty-second judicial circuit may work forty-hour week.
Section 476.410 - Transfer of case filed in wrong jurisdiction.
Section 476.419 - Securities, multiple recipients, requirements and limitations on court to divide.
Section 476.450 - Judges may become special commissioners, when — salary or retirement compensation.
Section 476.451 - Definitions.
Section 476.452 - Beneficiaries of special commissioners, benefits, how paid.
Section 476.453 - Judges of six years' service prior to law, eligible.
Section 476.455 - All judges under nonpartisan plan eligible for retirement.
Section 476.460 - Special commissioner subject to temporary duty.
Section 476.470 - Judge not eligible for retirement, when.
Section 476.490 - Expenses of special commissioner.
Section 476.500 - Acceptance by judge — procedure.
Section 476.510 - Practice of law permitted, when, requirements, exceptions.
Section 476.517 - One-time retirement plan election for certain judges.
Section 476.520 - Eligibility requirements.
Section 476.529 - New judges, election for reduced annuity, options.
Section 476.530 - Retirement compensation, how computed.
Section 476.535 - Survivor's benefits, how paid.
Section 476.540 - Refund of contributions, when — reentry into system, how.
Section 476.545 - Early retirement, reduced benefit, how computed.
Section 476.550 - Not eligible for benefits while retired under other plan.
Section 476.555 - Lump sum payments, when.
Section 476.560 - Disqualification by improper behavior.
Section 476.565 - Retiree may practice law, when, requirements, exceptions.
Section 476.575 - Definitions.
Section 476.580 - Retirement benefits, who administers, how paid.
Section 476.585 - No payroll deductions, when — accumulated contributions refunded, when, to whom.
Section 476.590 - Life insurance benefits to be provided judges, retired judges and dependents.
Section 476.601 - Special consultants, duties, compensation.
Section 476.680 - Votes, how counted and canvassed — governor to proclaim results (Clay County).
Section 476.687 - Previous state employment, additional credited service.
Section 476.688 - Compensation to be treated as other benefits.
Section 476.750 - Definitions.
Section 476.756 - Determination of qualification of interpreter.
Section 476.766 - Americans with disabilities act, requirements not to exceed.
Section 476.800 - Definitions.
Section 476.803 - Appointment of interpreters and translators, when — waiver, when — oath required.