Missouri Revised Statutes













Chapter 86

Police Relief and Pension Systems

←86.283

Section 86.287.1

86.288→

August 28, 2015

Accidental death benefit--dependents' allowances.

86.287. Upon the receipt by the board of trustees of evidence and proof

that the death of a member was the natural and proximate result of an

accident occurring at some definite time and place while the member was in

the actual performance of duty and not caused by negligence on the part of the

member, there shall be paid in lieu of the benefits pursuant to sections

86.280 to 86.283:



(1) Effective October 1, 1999, a pension to the surviving spouse until

the surviving spouse dies or remarries, whichever is earlier, of seventy-five

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 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, will increase the surviving spouse's total monthly benefit payment

pursuant to this section to seventy-five 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;



(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 shall be divided among the unmarried dependent children under

age eighteen and such unmarried dependent children, regardless of age, who

are totally and permanently 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 benefit shall be paid for one child;



(4) If there is no surviving spouse or unmarried dependent children of

either class mentioned in subdivision (3) of this section, then an amount

equal to the surviving spouse's benefit shall be paid to the member's

dependent father or dependent mother to continue until remarriage or death;



(5) 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;



(6) Wherever 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;



(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 in those cases where 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.



(L. 1957 p. 256 § 26, A.L. 1961 p. 209, A.L. 1963 p. 137, A.L. 1969

p. 154, 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)





2000



2000



86.287. Upon the receipt by the board of trustees of evidence and

proof that the death of a member was the natural and proximate result of an

accident occurring at some definite time and place while the member was in

the actual performance of duty and not caused by negligence on the part of

the member, there shall be paid in lieu of the benefits pursuant to

sections 86.280 to 86.283:



(1) Effective October 1, 1999, a pension to the surviving spouse

until the surviving spouse dies or remarries, whichever is earlier, of

seventy-five 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

disabled and incapacitated from engaging in a gainful occupation sufficient

to support himself or herself, but not in excess of three children;



(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, will increase the surviving spouse's

total monthly benefit payment pursuant to this section to seventy-five

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, but not in

excess of a total of three children;



(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 shall be divided among the unmarried dependent

children under age eighteen and such unmarried dependent children,

regardless of age, who are totally and permanently 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 benefit

shall be paid for one child;



(4) If there is no surviving spouse or unmarried dependent children

of either class mentioned in subdivision (3) of this section, then an

amount equal to the surviving spouse's benefit shall be paid to the

member's dependent father or dependent mother to continue until remarriage

or death;



(5) 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;



(6) Wherever 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;



(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 in those cases where 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.



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