86.1240. Pensions of spouses of deceased members--surviving spouse to be appointed as consultant to board, when.
Pensions of spouses of deceased members--surviving spouse to beappointed as consultant to board, when.
86.1240. 1. Upon receipt of the proper proofs of death of a memberin service for any reason whatsoever, there shall be paid to such member'ssurviving spouse, if any, in addition to all other benefits but subject tosubsection 7 of this section, a base pension equal to forty percent of thefinal compensation of such member, subject to adjustments, if any, asprovided in section 86.1220.
2. (1) Upon receipt of the proper proofs of death of a member whowas retired or terminated service after August 28, 1999, and died aftercommencement of benefits to such member from this retirement system, thereshall be paid to such member's surviving spouse, if any, in addition to allother benefits but subject to subsection 7 of this section, a base pensionequal to eighty percent of the pension being received by such member,including cost-of-living adjustments to such pension but excludingsupplemental retirement benefits, at the time of such member's death,subject to subsequent adjustments, if any, as provided in section 86.1220.The pension provided by this subdivision shall terminate upon remarriage bythe surviving spouse prior to August 28, 2000.
(2) (a) Upon receipt of the proper proof of death of a member whoretired or terminated service on or before August 28, 1999, and who diedafter August 28, 1999, and after commencement of benefits to such memberfrom this retirement system, such member's surviving spouse, if any, shallbe entitled to a base pension equal to forty percent of the finalcompensation of such member.
(b) Such a surviving spouse shall, upon application to the retirementboard, be appointed by the retirement board as a consultant and becompensated in an amount equal to the benefits such spouse would receiveunder subdivision (1) of this subsection if the member had retired orterminated service after August 28, 1999.
(c) The benefits provided by this subdivision shall terminate uponremarriage by the surviving spouse prior to August 28, 2000.
3. In the case of any member who, prior to August 28, 2000, died inservice or retired, the surviving spouse who would qualify for benefitsunder subsection 1 or 2 of this section but for remarriage, and who has notremarried prior to August 28, 2000, but remarries thereafter, shall uponapplication be appointed by the retirement board as a consultant. Forservices as such consultant, such surviving spouse shall be compensated inan amount equal to the benefits such spouse would have received undersections 86.900 to 86.1280 in the absence of such remarriage.
4. For purposes of this section, commencement of benefits shallbegin, for any benefit, at such time as all requirements of sections 86.900to 86.1280 have been met entitling the member to a payment of such benefitat the next following payment date with the amount thereof established,regardless of whether the member has received the initial payment of suchbenefit.
5. Upon the death of any member who is in service after August 28,2000, and who either had at least twenty-five years of creditable serviceor was retired or died as a result of an injury or illness occurring in theline of duty or course of employment under section 86.1180, the survivingspouse's benefit provided under this section, without including anysupplemental retirement benefits paid such surviving spouse by thisretirement system, shall be six hundred dollars per month. For any memberwho died, retired or terminated service on or before August 28, 2000, andwho either had at least twenty-five years of creditable service or wasretired or died as a result of an injury or illness occurring in the lineof duty or course of employment under section 86.1180, the surviving spouseshall upon application to the retirement board be appointed by theretirement board as a consultant. For services as such consultant, thesurviving spouse shall, beginning the later of August 28, 2000, or the timethe appointment is made under this subsection, be compensated in an amountwhich without including supplemental retirement benefits provided by thissystem shall be six hundred dollars monthly. A pension benefit under thissubsection shall be paid in lieu of any base pension as increased bycost-of-living adjustments granted under section 86.1220. The benefitunder this subsection shall not be subject to cost-of-living adjustments,but shall be terminated and replaced by the base pension and cost-of-livingadjustments to which such spouse would otherwise be entitled at such timeas the total base pension and such adjustments exceed six hundred dollarsmonthly.
6. A surviving spouse who is entitled to benefits under theprovisions of subsection 1 of this section as a result of the death on orbefore August 28, 2009, of a member in service who is receiving benefitsunder sections 86.900 to 86.1280 and who does not qualify under theprovisions of subsection 5 of this section shall, upon application to theretirement board, be appointed as a consultant, and for such services suchsurviving spouse shall be compensated in an amount which, without includingany supplemental retirement benefits provided by sections 86.900 to86.1280, shall be six hundred dollars monthly. A pension benefit underthis subsection shall be paid in lieu of any base pension as increased bycost-of-living adjustments granted under section 86.1220. The benefitunder this subsection shall not be subject to cost-of-living adjustments,but shall be terminated and replaced by the base pension and cost-of-livingadjustments to which such surviving spouse would otherwise be entitled atsuch time as the total base pension and such adjustments exceed six hundreddollars monthly. As used in this subsection, "surviving spouse" shall notinclude any children of the member who would be entitled to receive part orall of the pension that would be received by a surviving spouse, if living.
7. Any beneficiary of benefits under sections 86.900 to 86.1280 whobecomes the surviving spouse of more than one member shall be paid allbenefits due a surviving spouse of that member whose entitlements producethe largest surviving spouse benefits for such beneficiary but shall not bepaid surviving spouse benefits as the surviving spouse of more than onemember.
(L. 2005 H.B. 323, A.L. 2009 H.B. 397 & H.B. 947)Effective 7-09-09