Effective - 28 Aug 2005, 2 histories
86.283. Death benefits of retired member — dependents' allowances — cost-of-living adjustment. — Upon receipt of proper proofs of the death of a retired member who retired while in service, including retirement for service, ordinary disability or accidental disability, and provided no other benefits are payable from the retirement system, there shall be paid the following benefits:
(1) Effective October 1, 1999, a pension to the surviving spouse until the surviving spouse dies or remarries, whichever is earlier, of forty percent of the deceased member's average final compensation plus fifteen percent of such compensation to, or for the benefit of, each unmarried dependent child of the deceased member, who is either under the age of eighteen, or who, regardless of age, is totally and permanently mentally or physically disabled and incapacitated from engaging in a gainful occupation sufficient to support himself or herself;
(2) Any surviving spouse or unmarried dependent child receiving benefits pursuant to this section immediately prior to October 1, 1999, shall upon application to the board of trustees be made, constituted, appointed and employed by the board of trustees as a special consultant on the problems of retirement, aging and other matters while the surviving spouse or unmarried dependent child is receiving such benefits, and upon request of the board of trustees shall give opinions in writing or orally in response to such requests as may be required. Beginning October 1, 1999, for such services as may be required, a surviving spouse shall receive additional monthly compensation equal to the amount which when added to the benefits the surviving spouse was receiving pursuant to this section prior to October 1, 1999, determined without regard to any increase applied to such benefits prior to October 1, 1999, pursuant to subdivision (8) of this section, will increase the surviving spouse's total monthly payment pursuant to this section to forty percent of the deceased member's average final compensation, and there shall be payable an additional monthly compensation of one hundred dollars or five percent of the member's average final compensation, whichever is greater, for each unmarried dependent child of the member. The additional monthly compensation payable to a surviving spouse pursuant to this subdivision shall be adjusted for any cost-of-living increases that apply to the benefit the surviving spouse was receiving prior to October 1, 1999;
(3) If no surviving spouse benefits are payable pursuant to subdivisions (1) and (2) of this section, such total pension as would have been paid pursuant to subdivisions (1) and (2) of this section had there been a surviving spouse, determined without regard to any increase which would have applied to the surviving spouse's benefits pursuant to subdivision (8) of this section, shall be divided among the unmarried dependent children under age eighteen and unmarried dependent children, regardless of age, who are totally and permanently mentally or physically disabled and incapacitated from engaging in a gainful occupation sufficient to support themselves. The benefit shall be divided equally among the eligible dependent children, and the share of a child who is no longer eligible shall be divided equally among the remaining eligible dependent children; provided that not more than one-half of the surviving spouse's benefits shall be paid for one child;
(4) No benefits pursuant to this section shall be paid to a child over eighteen years of age who is totally and permanently disabled if such child is a patient or resident of a public-supported institution, nor shall such benefits be paid unless such disability occurred prior to such child reaching the age of eighteen;
(5) Whenever any dependent child designated by the board of trustees to receive benefits pursuant to this section is in the care of the surviving spouse of the deceased member, such benefits may be paid to such surviving spouse for the child;
(6) In the event of the death of a retired member receiving accidental disability benefits before such benefits have been paid for five years, the member's surviving spouse until the surviving spouse dies or remarries, whichever is earlier, shall receive an additional pension of ten percent of the deceased member's final average compensation;
(7) Any benefit payable to, or for the benefit of, a child or children under the age of eighteen years pursuant to subdivisions (1) to (3) of this section shall continue to be paid beyond the age of eighteen years through the age of twenty-two years if the child is a full-time student at a regularly accredited college, business school, nursing school, school for technical or vocational training, or university, but such extended benefit shall cease whenever the child ceases to be a student. A college or university shall be deemed to be regularly accredited which maintains membership in good standing in a national or regional accrediting agency recognized by any state college or university;
(8) The benefits payable pursuant to this section to the surviving spouse of a retired member who received or was entitled to receive a service retirement allowance shall be increased in the same percentages and pursuant to the same method as is provided in section 86.253 for adjustments in the service retirement allowance of a retired member.
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(L. 1957 p. 256 § 25-A, A.L. 1961 p. 208, A.L. 1963 p. 137, A.L. 1965 p. 201, A.L. 1967 p. 163, A.L. 1969 p. 154, A.L. 1969 3d Ex. Sess. H.B. 17, A.L. 1972 S.B. 570, A.L. 1977 H.B. 53, A.L. 1979 H.B. 850, A.L. 1993 S.B. 250, A.L. 1995 H.B. 260, et al., A.L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808, A.L. 2005 S.B. 401)
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.