Effective - 28 Aug 2013, 6 histories
86.1230. Supplemental retirement benefits, Tier I members, amount — member to be special consultant, compensation. — 1. Any Tier I member who retires subsequent to August 28, 1991, with entitlement to a pension under sections 86.900 to 86.1280, shall receive, in addition to such member's base pension and cost-of-living adjustments thereto under section 86.1220, and in addition to any other compensation or benefit to which such member may be entitled under sections 86.900 to 86.1280, a supplemental retirement benefit of fifty dollars per month. The amount of such supplemental retirement benefit may be adjusted by cost-of-living adjustments determined by the retirement board not more frequently than annually.
2. Any Tier I member who was retired on or before August 28, 1991, and is receiving retirement benefits from the retirement system shall, upon application to the retirement board, be retained as a consultant, and for such services such member shall receive, in addition to such member's base pension and cost-of-living adjustments thereto under section 86.1220, and in addition to any other compensation or benefit to which such member may be entitled under sections 86.900 to 86.1280, a supplemental compensation in the amount of fifty dollars per month. This appointment as a consultant shall in no way affect any member's eligibility for retirement benefits under the provisions of sections 86.900 to 86.1280, or in any way have the effect of reducing retirement benefits otherwise payable to such member. The amount of such supplemental compensation under this subsection may be adjusted by cost-of-living adjustments determined by the retirement board not more frequently than annually.
3. For purposes of subsections 1 and 2 of this section, the term "member" shall include a surviving spouse entitled to a benefit under sections 86.900 to 86.1280 who shall be deemed to have retired for purposes of this section on the date of retirement of the member of whom such person is the surviving spouse or on the date of death of such member if such member died prior to retirement; provided, that if the surviving spouse of any member who retired prior to August 28, 2000, shall not have remarried prior to August 28, 2000, but remarries thereafter, such surviving spouse shall thereafter receive benefits under subsection 2 of this section, and provided further, that no benefits shall be payable under this section to the surviving spouse of any member who retired prior to August 28, 2000, if such surviving spouse was at any time remarried after the member's death and prior to August 28, 2000. All benefits payable to a surviving spouse under this section shall be in addition to all other benefits to which such surviving spouse may be entitled under other provisions of sections 86.900 to 86.1280. Any such surviving spouse of a member who dies while entitled to payments under this section shall succeed to the full amount of payment under this section to which such member was entitled at the time of such member's death, including any cost-of-living adjustments received by such member in the payment under this section prior to such member's death. In all events, the term "member" shall not include any children of the member who would be entitled to receive part or all of the pension which would be received by a surviving spouse if living.
4. Any member who is receiving benefits from the retirement system and who either was retired under the provisions of subdivision (1) of subsection 1 of section 86.1150, or who retired before August 28, 2001, under the provisions of section 86.1180 or section 86.1200, shall, upon application to the retirement board, be retained as a consultant. For such services such member shall receive each month in addition to such member's base pension and cost-of-living adjustments thereto under section 86.1220, and in addition to any other compensation or benefit to which such member may be entitled under sections 86.900 to 86.1280, an equalizing supplemental compensation of ten dollars per month. This appointment as a consultant shall in no way affect any member's eligibility for retirement benefits under the provisions of sections 86.900 to 86.1280, or in any way have the effect of reducing retirement benefits otherwise payable to such member. The amount of equalizing supplemental compensation under this subsection may be adjusted by cost-of-living adjustments, determined by the retirement board not more frequently than annually, but in no event shall the aggregate of such equalizing supplemental compensation together with all such cost-of-living adjustments thereto exceed twenty-five percent of the member's base pension. Each cost-of-living adjustment to compensation under this subsection shall be determined independently of any cost-of-living adjustment to any other benefit under sections 86.900 to 86.1280. For the purposes of this subsection, the term "member" shall include a surviving spouse entitled to benefits under the provisions of sections 86.900 to 86.1280, and who is the surviving spouse of a member who qualified, or would have qualified if living, for compensation under this subsection. Such surviving spouse shall, upon application to the retirement board, be retained as a consultant, and for such services shall be compensated in an amount equal to the compensation which would have been received by the member under this subsection, if living. Any such surviving spouse of a member who dies while entitled to payments under this subsection shall succeed to the full amount of payment under this subsection to which such member was entitled at the time of such member's death, including any cost-of-living adjustments received by such member in the payment under this subsection prior to such member's death. In all events, the term "member" shall not include any children of the member who would be entitled to receive part or all of the pension that would be received by a surviving spouse, if living.
5. A surviving spouse who is entitled to benefits under the provisions of subsection 1 of section 86.1240 as a result of the death prior to August 28, 2007, of a member in service, and who is receiving benefits from the retirement system, shall, upon application to the retirement board, be retained as a consultant, and for such services such surviving spouse shall receive each month an equalizing supplemental compensation of ten dollars per month. A surviving spouse entitled to benefits under the provisions of subsection 1 of section 86.1240 as a result of the death of a member in service on or after August 28, 2007, shall receive each month an equalizing supplemental benefit of ten dollars per month. All benefits payable to a surviving spouse under this subsection shall be in addition to all other benefits to which such surviving spouse may be entitled under other provisions of sections 86.900 to 86.1280 and shall in no way have the effect of reducing benefits otherwise payable to such surviving spouse. The amount of equalizing supplemental benefit or equalizing supplemental compensation under this subsection may be adjusted by cost-of-living adjustments, determined by the retirement board not more frequently than annually, but in no event shall the aggregate of such equalizing supplemental benefit or compensation together with all such cost-of-living adjustments thereto exceed twenty-five percent of the base pension of the surviving spouse. Each cost-of-living adjustment to an equalizing supplemental benefit or compensation under this subsection shall be determined independently of any cost-of-living adjustment to any other benefit under sections 86.900 to 86.1280. In all events the term "surviving spouse" as used in this subsection shall not include any children of the member who would be entitled to receive part or all of the pension that would be received by a surviving spouse, if living.
6. In determining and granting the cost-of-living adjustments under this section, the retirement board shall adopt such rules and regulations as may be necessary to effectuate the purposes of this section, including provisions for the manner of computation of such adjustments and the effective dates thereof. The retirement board shall provide for such adjustments to be determined once each year and granted on a date or dates to be chosen by the board. The retirement board shall not be required to prorate the initial adjustment to any benefit or compensation under this section for any member.
7. The determination of whether the retirement system will remain actuarially sound shall be made at the time any cost-of-living adjustment under this section is granted. If at any time the retirement system ceases to be actuarially sound, any benefit or compensation payments provided under this section shall continue as adjusted by increases or decreases theretofore granted. A member of the retirement board shall have no personal liability for granting increases under this section if that retirement board member in good faith relied and acted upon advice of a qualified actuary that the retirement system would remain actuarially sound.
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(L. 2005 H.B. 323, A.L. 2007 S.B. 172 and S.B. 406, A.L. 2008 H.B. 1710 merged with S.B. 980, A.L. 2011 H.B. 183 merged with H.B. 282, A.L. 2013 H.B. 116 merged with H.B. 418)
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 86 - Police Relief and Pension Systems
Section 86.017 - Membership regulations.
Section 86.020 - Service creditable.
Section 86.023 - Administration.
Section 86.027 - Vacancy, how filled — trustees to serve without compensation.
Section 86.033 - Voting — quorum.
Section 86.037 - Board to have exclusive original jurisdiction — judicial review.
Section 86.040 - Chairman, secretary, actuaries.
Section 86.043 - Data and records of the board.
Section 86.047 - Legal adviser and medical board — duties.
Section 86.050 - Actuary — duties.
Section 86.053 - Regular actuarial investigation.
Section 86.057 - Annual valuation of assets and liabilities.
Section 86.060 - Service retirement benefit.
Section 86.067 - Ordinary disability retirement benefit.
Section 86.070 - Allowance on ordinary disability retirement.
Section 86.073 - Accidental disability retirement.
Section 86.077 - Allowance on accidental disability retirement.
Section 86.080 - Reexamination of beneficiaries retired on account of disability.
Section 86.083 - Pension to be reduced, when.
Section 86.087 - Retirement allowance to cease, when.
Section 86.090 - Ordinary death benefit.
Section 86.093 - Accidental death benefit.
Section 86.097 - Return of accumulated contributions.
Section 86.100 - Optional allowances.
Section 86.103 - Pensions offset by compensation benefits.
Section 86.107 - Trustees to manage funds.
Section 86.110 - Interest on funds.
Section 86.113 - Treasurer of city to be custodian of funds — vouchers.
Section 86.117 - Ten percent of fund may be in available cash — how kept.
Section 86.120 - Trustees and employees not to be interested personally in investments.
Section 86.123 - Method of financing.
Section 86.127 - Annuity savings fund.
Section 86.130 - Rates of contribution.
Section 86.133 - Proportionate amount to be deducted from each payroll.
Section 86.137 - Factors in determining deductions.
Section 86.140 - Members deemed to consent to deductions — payable into annuity savings fund.
Section 86.143 - Additional contributions.
Section 86.147 - Annuity reserve fund.
Section 86.150 - Pension accumulation fund.
Section 86.153 - Contributions to and payments from such fund.
Section 86.157 - Actuary to determine normal contribution rate.
Section 86.160 - Accrued liability contribution rate.
Section 86.163 - Amount payable to pension accumulation fund.
Section 86.167 - Accrued liability contribution discontinued, when.
Section 86.170 - Pensions and benefits payable from pension accumulation fund — exceptions.
Section 86.173 - Sum transferred to reserve fund, when.
Section 86.177 - Pension reserve fund.
Section 86.180 - Expense fund.
Section 86.183 - Contributions by city.
Section 86.190 - Exemption from tax and execution.
Section 86.193 - Correction of errors in benefits, adjustments.
Section 86.203 - Establishment of system — name — effective date.
Section 86.210 - Service creditable.
Section 86.213 - Board of trustees to administer — members of board, selection — terms.
Section 86.217 - Vacancy on board, how filled — trustees to receive expenses.
Section 86.220 - Oath of trustees.
Section 86.223 - Quorum, number of trustees constituting — majority vote required, when.
Section 86.227 - Jurisdiction of board — decisions subject to judicial review.
Section 86.230 - Officers, selection — actuaries and employees, appointment, compensation.
Section 86.233 - Records of board — annual report.
Section 86.237 - Legal adviser — medical board — duties.
Section 86.240 - Actuary, duties.
Section 86.247 - Annual valuation of assets and liabilities.
Section 86.248 - Assets of fund retained for benefit of members.
Section 86.270 - Investigation and examination of applicants for disability benefits.
Section 86.277 - Disability allowance ceases on return to service — status as member.
Section 86.280 - Death benefit — dependents' allowances.
Section 86.287 - Accidental death benefit — dependents' allowances.
Section 86.288 - Contributions paid to surviving spouses, when.
Section 86.290 - Accumulated contributions refunded, when.
Section 86.292 - Accumulated contributions to remain system assets, when.
Section 86.293 - Disposition of difference between benefits paid and accumulated contributions.
Section 86.294 - Contributions to be accepted after January 1, 2002, limitations.
Section 86.295 - Death while performing qualified military service, benefit distribution, to whom.
Section 86.296 - Trustee to trustee transfers to be accepted after January 1, 2002.
Section 86.297 - Workers' compensation or other benefits offset against allowances.
Section 86.300 - Trustees to manage funds.
Section 86.303 - Interest on members' accounts.
Section 86.307 - Treasurer, custodian of assets — payments from, made how.
Section 86.310 - Ten percent may be kept in cash — maximum per depository.
Section 86.313 - Trustees and employees not to have direct interest in investments.
Section 86.320 - Contributions, rate of — deduction from compensation.
Section 86.330 - Normal rate of contribution, how determined.
Section 86.333 - Accrued liability contribution rate defined — calculated, when.
Section 86.337 - Amount payable to general reserve fund — city's contribution.
Section 86.340 - Accrued liability contribution discontinued, when.
Section 86.343 - Annual expenses — city, board each provide one-half — board, duties.
Section 86.350 - City obligated to pay cost of benefits and one-half of expenses.
Section 86.354 - Benefit vested and nonforfeitable, when — forfeitures, use of.
Section 86.357 - Fraud in obtaining benefits, a misdemeanor — adjustment of errors.
Section 86.359 - Retroactive payments to be lump sum with interest, rate.
Section 86.364 - Certain sections to terminate, when.
Section 86.500 - Police may form relief associations.
Section 86.503 - Fund, how created.
Section 86.511 - Pensions to be paid monthly.
Section 86.513 - First class cities may provide pension fund for police department.
Section 86.517 - Board of trustees of policemen's pension fund.
Section 86.520 - Board to have exclusive control and management of funds.
Section 86.523 - Refund of contributions, when — exceptions.
Section 86.527 - Board's decision on applications for relief or pension to be final.
Section 86.530 - Rewards, fees, gifts, shall be paid into pension fund.
Section 86.533 - Trustees may invest funds in certain bonds.
Section 86.537 - Trustees shall pay disabled members from pension fund, when.
Section 86.543 - Pension shall be paid after twenty years of service in certain cases.
Section 86.547 - Widow eligible for payments, when.
Section 86.549 - Special consultants, eligibility, compensation for.
Section 86.550 - Persons ineligible for membership.
Section 86.553 - Payments prorated if money insufficient for full payment.
Section 86.557 - Funeral expenses, when, amount.
Section 86.560 - Payments from pension fund by warrants only.
Section 86.563 - Payments from fund not to be diverted.
Section 86.567 - Pensioners may be recalled to duty in an emergency.
Section 86.570 - Pension may be terminated, when.
Section 86.573 - Books and accounts subject to inspection.
Section 86.577 - Annual report of pension fund.
Section 86.584 - Contributing members of retirement system to be represented on board of trustees.
Section 86.590 - Board of trustees authorized to invest funds, how.
Section 86.810 - Hancock provision to void sections.
Section 86.920 - Retirement board established, responsibility for operation of retirement system.
Section 86.930 - Membership of the board — election procedures — vacancies — oath.
Section 86.940 - Voting rights of board members.
Section 86.950 - Board to establish policies — officers and employees.
Section 86.951 - Board deemed a state agency — rulemaking authority.
Section 86.970 - Compensation of board members.
Section 86.980 - Board members in active police service, leave to attend educational seminars.
Section 86.990 - Board to certify amount to be paid by city, when.
Section 86.1010 - Members' retirement contributions, amount, how determined.
Section 86.1020 - Board to act as trustee of certain funds — powers of the board.
Section 86.1050 - Criminal liability not limited by retirement system laws — correction of errors.
Section 86.1060 - Board may sue and be sued — service of process, procedure.
Section 86.1070 - Findings of the board — review.
Section 86.1100 - Creditable service, board to fix and determine by rule.
Section 86.1110 - Military leave of absence, effect of — service credit for military service, when.
Section 86.1130 - Membership, terminated when.
Section 86.1150 - Retirement age — base pension amount.
Section 86.1151 - Tier II members, retire when — benefits, how computed.
Section 86.1160 - Termination of membership prior to death or retirement, effect of.
Section 86.1210 - Partial lump sum option plan distribution authorized.
Section 86.1220 - Cost-of-living adjustments in addition to base pension.
Section 86.1250 - Pensions of children of deceased members.
Section 86.1260 - Pensions of spouse and children of member who died in performance of duty.
Section 86.1280 - Early retirement incentives, effect of.
Section 86.1310 - Definitions.
Section 86.1350 - Voting by board, votes necessary to pass a motion.
Section 86.1390 - Contributions to retirement system by cities, amount.
Section 86.1410 - Board to be trustee of funds — powers and duties.
Section 86.1450 - Board may sue and be sued — service of process, procedure.
Section 86.1460 - Findings of board final and conclusive — judicial review.
Section 86.1470 - Board may purchase liability insurance — indemnification, when.
Section 86.1480 - Who shall be members.
Section 86.1490 - Creditable service, determination of — inclusions and exclusions.
Section 86.1510 - Members entitled to prior creditable service, when.
Section 86.1520 - Duration of membership.
Section 86.1530 - Normal retirement dates.
Section 86.1570 - Offset to workers' compensation payments — member's percentage defined.
Section 86.1590 - Cost-of-living adjustments — base pension defined.
Section 86.1620 - Funeral benefits, amount.
Section 86.1640 - Incentives for early retirement, board to administer and pay.