86.1230. Supplemental retirement benefits, amount--member to be special consultant, compensation.
Supplemental retirement benefits, amount--member to be specialconsultant, compensation.
86.1230. 1. Any member who retires subsequent to August 28, 1991,with entitlement to a pension under sections 86.900 to 86.1280, shallreceive each month, in addition to such member's base pension andcost-of-living adjustments thereto under section 86.1220, and in additionto any other compensation or benefit to which such member may be entitledunder sections 86.900 to 86.1280, a supplemental retirement benefit offifty dollars per month. The amount of such supplemental retirementbenefit may be adjusted by cost-of-living adjustments determined by theretirement board not more frequently than annually.
2. Any member who was retired on or before August 28, 1991, and isreceiving retirement benefits from the retirement system shall, uponapplication to the retirement board, be retained as a consultant, and forsuch services such member shall receive each month, in addition to suchmember's base pension and cost-of-living adjustments thereto under section86.1220, and in addition to any other compensation or benefit to which suchmember may be entitled under sections 86.900 to 86.1280, a supplementalcompensation in the amount of fifty dollars per month. This appointment asa consultant shall in no way affect any member's eligibility for retirementbenefits under the provisions of sections 86.900 to 86.1280, or in any wayhave the effect of reducing retirement benefits otherwise payable to suchmember. The amount of such supplemental compensation under this subsectionmay be adjusted by cost-of-living adjustments determined by the retirementboard not more frequently than annually.
3. For purposes of subsections 1 and 2 of this section, the term"member" shall include a surviving spouse entitled to a benefit undersections 86.900 to 86.1280 who shall be deemed to have retired for purposesof this section on the date of retirement of the member of whom such personis the surviving spouse or on the date of death of such member if suchmember died prior to retirement; provided, that if the surviving spouse ofany member who retired prior to August 28, 2000, shall not have remarriedprior to August 28, 2000, but remarries thereafter, such surviving spouseshall thereafter receive benefits under subsection 2 of this section, andprovided further, that no benefits shall be payable under this section tothe surviving spouse of any member who retired prior to August 28, 2000, ifsuch surviving spouse was at any time remarried after the member's deathand prior to August 28, 2000. All benefits payable to a surviving spouseunder this section shall be in addition to all other benefits to which suchsurviving spouse may be entitled under other provisions of sections 86.900to 86.1280. Any such surviving spouse of a member who dies while entitledto payments under this section shall succeed to the full amount of paymentunder this section to which such member was entitled at the time of suchmember's death, including any cost-of-living adjustments received by suchmember in the payment under this section prior to such member's death. Inall events, the term "member" shall not include any children of the memberwho would be entitled to receive part or all of the pension which would bereceived by a surviving spouse if living.
4. Any member who is receiving benefits from the retirement systemand who either was retired under the provisions of subdivision (1) ofsubsection 1 of section 86.1150, or who retired before August 28, 2001,under the provisions of section 86.1180 or section 86.1200, shall, uponapplication to the retirement board, be retained as a consultant. For suchservices such member shall receive each month in addition to such member'sbase pension and cost-of-living adjustments thereto under section 86.1220,and in addition to any other compensation or benefit to which such membermay be entitled under sections 86.900 to 86.1280, an equalizingsupplemental compensation of ten dollars per month. This appointment as aconsultant shall in no way affect any member's eligibility for retirementbenefits under the provisions of sections 86.900 to 86.1280, or in any wayhave the effect of reducing retirement benefits otherwise payable to suchmember. The amount of equalizing supplemental compensation under thissubsection may be adjusted by cost-of-living adjustments, determined by theretirement board not more frequently than annually, but in no event shallthe aggregate of such equalizing supplemental compensation together withall such cost-of-living adjustments thereto exceed twenty-five percent ofthe member's base pension. Each cost-of-living adjustment to compensationunder this subsection shall be determined independently of anycost-of-living adjustment to any other benefit under sections 86.900 to86.1280. For the purposes of this subsection, the term "member" shallinclude a surviving spouse entitled to benefits under the provisions ofsections 86.900 to 86.1280, and who is the surviving spouse of a member whoqualified, or would have qualified if living, for compensation under thissubsection. Such surviving spouse shall, upon application to theretirement board, be retained as a consultant, and for such services shallbe compensated in an amount equal to the compensation which would have beenreceived by the member under this subsection, if living. Any suchsurviving spouse of a member who dies while entitled to payments under thissubsection shall succeed to the full amount of payment under thissubsection to which such member was entitled at the time of such member'sdeath, including any cost-of-living adjustments received by such member inthe payment under this subsection prior to such member's death. In allevents, the term "member" shall not include any children of the member whowould be entitled to receive part or all of the pension that would bereceived by a surviving spouse, if living.
5. A surviving spouse who is entitled to benefits under theprovisions of subsection 1 of section 86.1240 as a result of the deathprior to August 28, 2007, of a member in service, and who is receivingbenefits from the retirement system, shall, upon application to theretirement board, be retained as a consultant, and for such services suchsurviving spouse shall receive each month an equalizing supplementalcompensation of ten dollars per month. A surviving spouse entitled tobenefits under the provisions of subsection 1 of section 86.1240 as aresult of the death of a member in service on or after August 28, 2007,shall receive each month an equalizing supplemental benefit of ten dollarsper month. All benefits payable to a surviving spouse under thissubsection shall be in addition to all other benefits to which suchsurviving spouse may be entitled under other provisions of sections 86.900to 86.1280 and shall in no way have the effect of reducing benefitsotherwise payable to such surviving spouse. The amount of equalizingsupplemental benefit or equalizing supplemental compensation under thissubsection may be adjusted by cost-of-living adjustments, determined by theretirement board not more frequently than annually, but in no event shallthe aggregate of such equalizing supplemental benefit or compensationtogether with all such cost-of-living adjustments thereto exceedtwenty-five percent of the base pension of the surviving spouse. Eachcost-of-living adjustment to an equalizing supplemental benefit orcompensation under this subsection shall be determined independently of anycost-of-living adjustment to any other benefit under sections 86.900 to86.1280. In all events the term "surviving spouse" as used in thissubsection shall not include any children of the member who would beentitled to receive part or all of the pension that would be received by asurviving spouse, if living.
6. In determining and granting the cost-of-living adjustments underthis section, the retirement board shall adopt such rules and regulationsas may be necessary to effectuate the purposes of this section, includingprovisions for the manner of computation of such adjustments and theeffective dates thereof. The retirement board shall provide for suchadjustments to be determined once each year and granted on a date or datesto be chosen by the board. The retirement board shall not be required toprorate the initial adjustment to any benefit or compensation under thissection for any member.
7. The determination of whether the retirement system will remainactuarially sound shall be made at the time any cost-of-living adjustmentunder this section is granted. If at any time the retirement system ceasesto be actuarially sound, any benefit or compensation payments providedunder this section shall continue as adjusted by increases or decreasestheretofore granted. A member of the retirement board shall have nopersonal liability for granting increases under this section if thatretirement board member in good faith relied and acted upon advice of aqualified actuary that the retirement system would remain actuariallysound.
(L. 2005 H.B. 323, A.L. 2007 S.B. 172 and S.B. 406, A.L. 2008 H.B. 1710 merged with S.B. 980)