Effective - 28 Aug 1969
87.045. Eligibility for and payment of a disability pension. — 1. If any member of the fire department of any such city, village or incorporated town shall become and be found, upon an examination by a medical officer designated by the board of trustees, to be physically or mentally incapacitated for duty as the result of an accident occurring while in the actual performance of duty or exposure while in the actual performance of duty, and if the medical officer certifies that the member is mentally or physically incapacitated for further performance of duty and that such incapacity is likely to be permanent, and that the member should be retired, the board of trustees shall retire such disabled member from service in the fire department. Upon such retirement the board of trustees shall order the payment to such disabled member, monthly, from the pension fund, a sum equal to fifty percent of the average monthly salary of said member during the twelve months immediately preceding the effective date of his retirement.
2. Upon application, any member of the fire department who has made regular and periodic payments into the pension fund for a period of five years or more shall be retired by the board of trustees, not less than thirty days nor more than ninety days next following the date of filing the application, on a disability pension, provided a medical officer designated by the board of trustees, after a medical examination of the member, shall certify that such member is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that such member should be retired. Upon such retirement the board of trustees shall order the payment to such disabled member, monthly, from the pension fund, a sum equal to twenty-five percent of the average monthly salary said member was receiving during the twelve months immediately preceding the effective date of his retirement. In addition there shall also be paid a sum equal to five percent of the said average monthly salary the member was receiving at the time of his retirement for each unmarried dependent child under the age of eighteen, and each unmarried child, regardless of age, who is totally and permanently mentally or physically incapacitated from engaging in gainful employment sufficiently remunerative to support himself. Such additional sum shall not be paid to or for more than three eligible children, and if there are more than three eligible children, then payments shall be made for the three youngest eligible children, and further provided that no benefits under this section shall be paid to or for any child or children over eighteen years of age who are totally and permanently mentally or physically incapacitated if such child is a patient or ward in a publicly supported institution, and no benefits shall be paid under this section to or for any child born or adopted after the effective date of the member's disability retirement.
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(RSMo 1939 § 9506, A.L. 1969 p. 157)
Prior revisions: 1929 § 8939; 1919 § 9040; 1909 § 9865
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 87 - Firefighters' Retirement and Relief Systems
Section 87.015 - How certain cities may be included in these provisions.
Section 87.020 - Creating board of trustees.
Section 87.025 - Duties and powers of board — assessment of members.
Section 87.030 - Rewards and gifts to pension fund.
Section 87.035 - Trustees may invest fund.
Section 87.040 - Disposition of interest — duties of legislative body of city.
Section 87.045 - Eligibility for and payment of a disability pension.
Section 87.050 - Death benefits, amount — eligibility — limitations.
Section 87.055 - Law applicable to whom.
Section 87.060 - Retirement pension, eligibility for and payment of.
Section 87.065 - Payments prorated when funds are insufficient.
Section 87.070 - Pension fund custodian.
Section 87.075 - Warrants, upon whom drawn.
Section 87.080 - Warrants, how drawn.
Section 87.085 - Annual report of condition of fund.
Section 87.090 - Fund exempt from execution.
Section 87.095 - Funeral expenses to be paid.
Section 87.100 - Relief associations may, by vote of members, amalgamate with board of trustees.
Section 87.105 - Penalty for misrepresentation.
Section 87.125 - Authorizing municipality to provide by ordinance for pensions.
Section 87.127 - Qualified government plan, retirement plan intended to be.
Section 87.130 - Membership requirements.
Section 87.145 - Board has exclusive original jurisdiction — review — rules and regulations.
Section 87.150 - Chairman — secretary — actuaries.
Section 87.155 - Data and record to be kept — annual report.
Section 87.160 - Legal adviser — medical board.
Section 87.165 - Actuarial investigation — establishment of contribution rates and tables.
Section 87.170 - Conditions of retirement.
Section 87.175 - Retirement for service — amount, how computed — refund of member's contribution.
Section 87.179 - Funding for increases in benefit provisions from future benefits fund.
Section 87.185 - Military service during war credited.
Section 87.190 - Disability retirement after five years of service.
Section 87.195 - Ordinary disability retirement, when, amount.
Section 87.200 - Retirement for accidental disability.
Section 87.205 - Accidental disability retirement allowance.
Section 87.207 - Cost-of-living increase, how determined.
Section 87.208 - Cost-of-living increases for certain persons, when — how computed.
Section 87.210 - Disability beneficiaries to undergo physical examinations.
Section 87.215 - Reduction and suspension of pension, when.
Section 87.230 - Widow may serve as special consultant, when, compensation, duties.
Section 87.235 - Payments on proof of accidental death in service — beneficiaries.
Section 87.237 - Retiree to become special advisor, when, compensation.
Section 87.240 - Accumulated contributions to be refunded, when.
Section 87.245 - Remainder of accumulated contributions paid to beneficiary.
Section 87.250 - Benefits under this law payable to whom.
Section 87.255 - Amounts payable by city under chapter 287 to be set off.
Section 87.262 - Representative may be appointed to hold title to investments.
Section 87.265 - Interest to be allowed — credit to members' accounts.
Section 87.270 - City treasurer to keep funds, how disbursed.
Section 87.275 - Amount kept on deposit.
Section 87.280 - Trustees, employees not to have interest in contracts or money.
Section 87.285 - Assets in four funds — names of.
Section 87.290 - Members' savings fund.
Section 87.295 - Contributions by member, how computed.
Section 87.305 - Refunds of contributions, when.
Section 87.310 - Repayment with interest of contributions withdrawn on reinstatement of member.
Section 87.315 - Benefit reserve fund.
Section 87.320 - General reserve fund.
Section 87.325 - Contributions by city to general reserve fund.
Section 87.330 - Normal contribution rate, determination of.
Section 87.335 - Accrued liability contribution rate, determination of.
Section 87.340 - Total amount payable to general reserve fund.
Section 87.350 - Expense fund, purposes, determination of amount.
Section 87.355 - Amounts due from city, certification, budget and appropriation.
Section 87.360 - Reserves made obligation of city.
Section 87.365 - Benefits exempt from taxes and civil process.
Section 87.367 - Health care plan may be adopted for retirees, procedure and funding.
Section 87.371 - Unused sick leave, how credited.
Section 87.380 - Fire departments in cities of over 100,000 may create relief fund.
Section 87.385 - Board of trustees, how composed.
Section 87.390 - City treasurer ex officio member of board.
Section 87.395 - Treasurer — duties — bond.
Section 87.400 - Creation of fire department pension fund — sources of revenue.
Section 87.405 - Moneys set apart for pension fund.
Section 87.410 - Authorizing a tax for firemen's pensions in certain cities.
Section 87.415 - Warrants to be drawn on treasurer.
Section 87.420 - Powers of board of trustees.
Section 87.425 - Members of department may be assessed.
Section 87.430 - Funds may be invested.
Section 87.435 - Who shall be beneficiaries.
Section 87.440 - Widow and children may be awarded retirement pay, when.
Section 87.445 - Widow and children beneficiaries, when.
Section 87.450 - Relatives, when.
Section 87.455 - Members may be retired, when.
Section 87.460 - Funds to be prorated, when.
Section 87.465 - Money paid beneficiaries only on warrant.
Section 87.470 - Funeral expenses.
Section 87.475 - Honorary members, admission of.
Section 87.480 - Board of trustees to make report.
Section 87.485 - Funds exempt from garnishment or other legal process.
Section 87.487 - Fund subject to domestic relations order (Kansas City).
Section 87.490 - Associations authorized to transfer funds.
Section 87.495 - Firemen's pension fund provided.
Section 87.500 - Membership continued after retirement.
Section 87.505 - Funds to create fire department pension fund.
Section 87.510 - Honorary members admitted.