86.1190. Workers' compensation benefit payments, offset against retirement benefits, exceptions--member's percentage defined.
Workers' compensation benefit payments, offset against retirementbenefits, exceptions--member's percentage defined.
86.1190. 1. Any periodic payment, excluding payments for medicaltreatment, which may be paid or payable by cities under the provisions ofany workers' compensation or similar law to a member or to the dependentsof a member on account of any disability or death shall be offset againstany benefits payable to the recipient of the workers' compensation paymentsfrom funds provided by cities under the provisions of sections 86.900 to86.1280 on account of the same disability or death; except that, amountspayable under subsection 1 of section 86.1250 and section 86.1260 shall notbe offset or reduced by any amount paid or payable under any workers'compensation or similar law. However, in no event shall the amount paidfrom funds under the provisions of sections 86.900 to 86.1280 be less thanthe amount which represents the member's percentage, as defined in thissection, of total benefits payable under sections 86.900 to 86.1280, otherthan under subsection 1 of section 86.1250 and section 86.1260 and beforeany offset for workers' compensation benefits.
2. Any lump sum amount, excluding payments for medical treatments,which may be paid or payable by the cities under the provisions of anyworkers' compensation or similar law to a member or to the dependents of amember on account of any disability or death shall be offset against anybenefits payable from funds provided by cities under the provisions ofsections 86.900 to 86.1280 on account of the same disability or death;except that, amounts payable under subsection 1 of section 86.1250 andsection 86.1260 shall not be offset or reduced by any amounts paid orpayable under any workers' compensation or similar law. The amount bywhich each periodic payment made under the provisions of sections 86.900 to86.1280 is offset or reduced shall be computed as the periodic amountnecessary to amortize as an annuity over the period of time represented bythe respective workers' compensation benefits the total amount of the lumpsum settlement received as a workers' compensation benefit by a beneficiaryof the retirement system. Such computation shall be based upon the sameinterest rate and mortality assumptions as used for the retirement systemat the time of such computation. However, in no event shall the amountpaid from funds under the provisions of sections 86.900 to 86.1280 be lessthan the amount which represents the member's percentage, as defined inthis section, of total benefits payable under sections 86.900 to 86.1280,other than under subsection 1 of section 86.1250 and section 86.1260 andbefore any offset for workers' compensation benefits.
3. As used in this section, the term "member's percentage" shall bethe fraction of which the numerator is the percentage of compensationcontributed by a working member to the retirement pension system undersection 86.1010 during the pay period immediately preceding such member'sdeath or disability which created entitlement to benefits and thedenominator is the sum of the percentages of a member's compensationcontributed by a working member under section 86.1010 and the city undersection 86.1000 to the retirement pension system during such pay period.Such percentage shall identify the portion of any benefits due under theprovisions of sections 86.900 to 86.1280 which is deemed to have beenprovided by the member's own contributions.
(L. 2005 H.B. 323)