Missouri Revised Statutes
Chapter 86
Police Relief and Pension Systems
←86.277
Section 86.280.1
86.283→
August 28, 2015
Death benefit--dependents' allowances.
86.280. Upon the receipt of proper proofs of the death of a member in
service and provided no other benefits are payable under 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 gainful occupation
sufficient to support himself or herself;
(2) Any surviving spouse or unmarried dependent child receiving benefits
pursuant to the provisions of 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, the surviving spouse shall receive additional monthly
compensation in an amount equal to fifteen 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, pursuant to subdivision (8) of this section, 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 shall be divided among the unmarried dependent children under
age eighteen and such 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 benefit shall be paid for one child;
(4) If there is no surviving spouse or dependent children, the return of
accumulated contributions to the designated beneficiary as set forth in
section 86.293;
(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 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 member who died in service after attaining the age of fifty-five
or completing twenty years of creditable service 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.
(L. 1957 p. 256 § 25, A.L. 1961 p. 207, 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
86.280. Upon the receipt of proper proofs of the death of a member in
service and provided no other benefits are payable under 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 gainful
occupation sufficient to support himself or herself, but not in excess of a
total of three children;
(2) Any surviving spouse or unmarried dependent child receiving
benefits pursuant to the provisions of 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, the surviving spouse shall
receive additional monthly compensation in an amount equal to fifteen
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. The additional monthly compensation
payable to a surviving spouse pursuant to this subdivision shall be
adjusted for any cost-of-living increases that apply, pursuant to
subdivision (8) of this section, 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 shall be divided among the unmarried dependent
children under age eighteen and such 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
benefit shall be paid for one child;
(4) If there is no surviving spouse or dependent children, the return
of accumulated contributions to the designated beneficiary as set forth in
section 86.293;
(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 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 member who died in service after attaining the age of fifty-
five or completing twenty years of creditable service 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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