86.093. Accidental death benefit.

Accidental death benefit.

86.093. Upon the receipt by the board of trustees of properproofs of the death of a member in service there shall be paid tohis designated beneficiary, or to his estate, the amount of hisaccumulated contributions and if, upon the receipt of evidenceand proof that such death was the natural and proximate result ofan accident occurring at some definite time and place while themember was in the actual performance of duty, the board oftrustees shall decide that death was the result of an accident inthe performance of duty and not caused by negligence on the partof the member, there shall be paid in lieu of the ordinary deathbenefit provided in subdivision (2) of section 86.090, a pensionof one-half of the average final compensation of such employee:

(1) To his widow to continue during her widowhood; or

(2) If there be no widow, or if the widow dies or remarriesbefore any child of such deceased member shall have attained theage of sixteen years, then to his child or children under saidage, divided in such manner as the board of trustees in itsdiscretion shall determine to continue as a joint and survivorpension of one-half of his final compensation until every childdies or attains such age; or

(3) If there be no widow or child under the age of sixteenyears surviving such deceased member, then to his dependentfather or dependent mother as the deceased member shall havenominated by written designation duly acknowledged and filed withthe board of trustees or if there be no such nomination then tohis dependent father or his dependent mother as the board oftrustees in its discretion shall direct, to continue untilremarriage or death;

(4) If there be no widow, children under the age of sixteenyears or dependent parent surviving such deceased member, thedeath shall be treated as an ordinary death case and the benefitpayable in accordance with the provisions of subdivision (2) ofsection 86.090.

(RSMo 1939 § 9469)

Prior revision: 1929 § 8911