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Section: 086.0257 Disability retirement allowance granted, when--periodic medical examinations required, when--cessation of disability benefit, when. RSMO 86.257


Published: 2015

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Missouri Revised Statutes













Chapter 86

Police Relief and Pension Systems

←86.256

Section 86.257.1

86.260→

August 28, 2015

Disability retirement allowance granted, when--periodic medical examinations required, when--cessation of disability benefit, when.

86.257. 1. Upon the application of the chief of police or a member,

any member who has completed ten or more years of creditable service or

upon the police retirement system created by sections 86.200 to 86.366

first attaining, after August 28, 2013, a funded ratio, as defined in

section 105.660 and as determined by the system's annual actuarial

valuation, of at least eighty percent, a member who has completed five or

more years of creditable service and who has become permanently unable to

perform the duties of a police officer as the result of an injury or

illness not exclusively caused or induced by the actual performance of his

or her official duties or by his or her own negligence shall be retired by

the board of trustees of the police retirement system upon certification by

the medical board of the police retirement system and approval by the board

of trustees of the police retirement system that the member is mentally or

physically unable to perform the duties of a police officer, that the

inability is permanent or likely to become permanent, and that the member

should be retired.



2. Once each year during the first five years following such member's

retirement, and at least once in every three-year period thereafter, the

board of trustees may, and upon the member's application shall, require any

nonduty disability beneficiary who has not yet attained sixty years of age

to undergo a medical examination at a place designated by the medical board

or such physicians as the medical board appoints. If any nonduty

disability beneficiary who has not attained sixty years of age refuses to

submit to a medical examination, his or her nonduty disability pension may

be discontinued until his or her withdrawal of such refusal, and if his or

her refusal continues for one year, all rights in and to such pension may

be revoked by the board of trustees.



3. If the medical board certifies to the board of trustees that a

nonduty disability beneficiary is able to perform the duties of a police

officer, and if the board of trustees concurs on the report, then such

beneficiary's nonduty disability pension shall cease.



4. If upon cessation of a disability pension under subsection 3 of

this section, the former disability beneficiary is restored to active

service, he or she shall again become a member, and he or she shall

contribute thereafter at the same rate as other members. Upon his or her

subsequent retirement, he or she shall be credited with all of his or her

active retirement, but not including any time during which the former

disability beneficiary received a disability pension under this section.



(L. 1957 p. 256 § 18, A.L. 2000 H.B. 1808, A.L. 2001 S.B. 290, A.L.

2009 H.B. 397 & H.B. 947, A.L. 2013 H.B. 116 merged with H.B. 336

merged with H.B. 722, A.L. 2015 H.B. 515)





2013

2009

2001

2000



2013



86.257. 1. Upon the application of the board of police commissioners

or any successor body, any member who has completed ten or more years of

creditable service or upon the police retirement system created by sections

86.200 to 86.366 first attaining, after August 28, 2013, a funded ratio, as

defined in section 105.660 and as determined by the system's annual

actuarial valuation, of at least eighty percent, a member who has completed

five or more years of creditable service and who has become permanently

unable to perform the duties of a police officer as the result of an injury

or illness not exclusively caused or induced by the actual performance of

his or her official duties or by his or her own negligence shall be retired

by the board of police commissioners or any successor body upon

certification by the medical board of the police retirement system and

approval by the board of trustees of the police retirement system that the

member is mentally or physically unable to perform the duties of a police

officer, that the inability is permanent or likely to become permanent, and

that the member should be retired.



2. Once each year during the first five years following such member's

retirement, and at least once in every three-year period thereafter, the

board of trustees may, and upon the member's application shall, require any

nonduty disability beneficiary who has not yet attained sixty years of age

to undergo a medical examination at a place designated by the medical board

or such physicians as the medical board appoints. If any nonduty

disability beneficiary who has not attained sixty years of age refuses to

submit to a medical examination, his or her nonduty disability pension may

be discontinued until his or her withdrawal of such refusal, and if his or

her refusal continues for one year, all rights in and to such pension may

be revoked by the board of trustees.



3. If the medical board certifies to the board of trustees that a

nonduty disability beneficiary is able to perform the duties of a police

officer, and if the board of trustees concurs on the report, then such

beneficiary's nonduty disability pension shall cease.



4. If upon cessation of a disability pension under subsection 3 of

this section, the former disability beneficiary is restored to active

service, he or she shall again become a member, and he or she shall

contribute thereafter at the same rate as other members. Upon his or her

subsequent retirement, he or she shall be credited with all of his or her

active retirement, but not including any time during which the former

disability beneficiary received a disability pension under this section.



2009



86.257. 1. Upon the application of a member in service or of the board

of police commissioners, any member who has completed ten or more years of

creditable service and who has become permanently unable to perform the

duties of a police officer as the result of an injury or illness not

exclusively caused or induced by the actual performance of his or her

official duties or by his or her own negligence shall be retired by the board

of trustees of the police retirement system upon certification by the medical

director of the police retirement system and approval by the board of trustees

of the police retirement system that the member is mentally or physically

unable to perform the duties of a police officer, that the inability is

permanent or likely to become permanent, and that the member should be

retired.



2. Once each year during the first five years following such member's

retirement, and at least once in every three-year period thereafter, the

board of trustees may, and upon the member's application shall, require any

nonduty disability beneficiary who has not yet attained sixty years of age to

undergo a medical examination at a place designated by the medical director

or such physicians as the medical director appoints. If any nonduty

disability beneficiary who has not attained sixty years of age refuses to

submit to a medical examination, his or her nonduty disability pension may be

discontinued until his or her withdrawal of such refusal, and if his or her

refusal continues for one year, all rights in and to such pension may be

revoked by the board of trustees.



3. If the medical director certifies to the board of trustees that a

nonduty disability beneficiary is able to perform the duties of a police

officer, and if the board of trustees concurs on the report, then such

beneficiary's nonduty disability pension shall cease.



4. If upon cessation of a disability pension under subsection 3 of this

section, the former disability beneficiary is restored to active service, he

or she shall again become a member, and he or she shall contribute thereafter

at the same rate as other members. Upon his or her subsequent retirement, he

or she shall be credited with all of his or her active retirement, but not

including any time during which the former disability beneficiary received a

disability pension under this section.



2001



86.257. Upon the application of a member in service or of the board

of police commissioners, any member who has had ten or more years of

creditable service shall terminate employment as a police officer and shall

be actually retired by the board of trustees, not more than ninety days

next following the date of filing such application on an ordinary

disability retirement allowance; provided, that the medical board after a

medical examination of such 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.



2000



86.257. Upon the application of a member in service or of the board

of police commissioners, any member who has had ten or more years of

creditable service shall be retired by the board of trustees, not more than

ninety days next following the date of filing such application on an

ordinary disability retirement allowance; provided, that the medical board

after a medical examination of such 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.



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