86.1310. Definitions.
Definitions.
86.1310. The following words and phrases as used in sections 86.1310to 86.1640 shall have the following meanings unless a different meaning isplainly required by the context:
(1) "Accumulated contributions", the sum of all amounts deducted fromthe compensation of a member and paid to the retirement board, togetherwith all amounts paid to the retirement board by a member or by a member'sbeneficiary for the purchase of prior service credits or any other purposepermitted under sections 86.1310 to 86.1640, in all cases with interestthereon at a rate determined from time to time for such purpose by theretirement board;
(2) "Beneficiary", any person entitled, either currently orconditionally, to receive pension or other benefits provided in sections86.1310 to 86.1640;
(3) "Board of police commissioners", the board composed of policecommissioners authorized by law to employ and manage an organized policeforce in the cities;
(4) "City" or "cities", any city which now has or may hereafter havea population of more than three hundred thousand and less than sevenhundred thousand inhabitants, or any city that has made an election undersection 86.1320 to continue a civilian employees' retirement systemtheretofore maintained under sections 86.1310 to 86.1640;
(5) "Compensation", the basic wage or salary paid a member for anyperiod, excluding bonuses, overtime pay, expense allowances, and otherextraordinary compensation; except that, notwithstanding such provision,compensation for any year for any member shall not exceed the amountpermitted to be taken into account under Section 401(a)(17) of the InternalRevenue Code as applicable to such year;
(6) "Consultant", unless otherwise specifically defined, means aperson retained by the retirement system as a special consultant on theproblems of retirement, aging and related matters who, upon request of theretirement board, shall give opinions and be available to give opinions inwriting or orally in response to such requests, as may be needed by theboard;
(7) "Creditable service", service qualifying as a determinant of amember's pension or other benefit under sections 86.1310 to 86.1640 bymeeting the requirements specified in such sections, or section 105.691,RSMo;
(8) "Employee", any regularly appointed civilian employee of thepolice department of the city as specified in sections 86.1310 to 86.1640who is not eligible to receive a pension from the police retirement systemof said city;
(9) "Final compensation", the average annual compensation of a memberduring the member's service if less than two years, or the twenty-fourmonths of service for which the member received the highest salary whetherconsecutive or otherwise. For any period of time when a member is paid ona frequency other than monthly, the member's salary for such period shallbe deemed to be the monthly equivalent of the member's annual rate ofcompensation for such period;
(10) "Internal Revenue Code", the United States Internal Revenue Codeof 1986, as amended;
(11) "Medical board", not less than one nor more than threephysicians appointed by the retirement board to arrange for and conductmedical examinations as directed by the retirement board;
(12) "Member", a member of the civilian employees' retirement systemas described in section 86.1480;
(13) "Pension", annual payments for life, payable monthly, beginningwith the date of retirement or other applicable commencement date andending with death;
(14) "Pension fund", the fund resulting from contributions madethereto by the cities affected by sections 86.1310 to 86.1640 and by themembers of the civilian employees' retirement system;
(15) "Retirement", termination of a member's status as an employee ofthe police department of the city at a time when the member or the member'sbeneficiary is immediately entitled to one or more benefits under sections86.1310 to 86.1640;
(16) "Retirement board" or "board", the board provided in section86.1330 to administer the retirement system;
(17) "Retirement system", the civilian employees' retirement systemof the police department of the cities as defined in section 86.1320;
(18) "Surviving spouse", when determining whether a person isentitled to benefits under sections 86.1310 to 86.1640 by reason ofsurviving a member, shall include only:
(a) The person who was married to the member at the time of themember's death in service prior to August 28, 2001, and who had notremarried prior to August 28, 2001;
(b) The person who was married to the member at the time of themember's death in service on or after August 28, 2001;
(c) In the case of any member who both retired and died prior toAugust 28, 2001, the person who was married to the member at the time ofthe member's death and who had not remarried prior to August 28, 2001;
(d) In the case of any member who retired prior to August 28, 2001,and died on or after that date, the person who was married to the member atthe time of the member's death; or
(e) In the case of any member who retired on or after August 28,2001, the person who was married to the member at both the time of themember's retirement and the time of the member's death.
(L. 2005 H.B. 323)