86.260. Disability allowance, how calculated--members as special consultants, when--benefits for children.
Disability allowance, how calculated--members as special consultants,when--benefits for children.
86.260. 1. Upon termination of employment as a police officer andactual retirement for nonduty disability a member shall receive a serviceretirement allowance as calculated under subsection 1 of section 86.253 ifthe member has attained the age of fifty-five or completed twenty years ofcreditable service; otherwise the member shall receive a nonduty disabilityretirement allowance which shall be equal to ninety percent of the member'saccrued service retirement in section 86.253, but not less than one-fourthof the member's average final compensation; provided, however, that no suchallowance shall exceed ninety percent of the member's accrued serviceretirement benefit based on continuation of the member's creditable serviceto the age set out in section 86.250.
2. Effective October 1, 1999, the nonduty disability retirementallowance will be increased by fifteen percent of the member's averagefinal compensation for each unmarried dependent child of the disabledmember who is under the age of eighteen, or who, regardless of age, istotally and permanently mentally or physically disabled and incapacitatedfrom engaging in gainful occupation sufficient to support himself orherself.
3. Any member receiving benefits pursuant to the provisions of thissection immediately prior to October 1, 1999, shall upon application to theboard of trustees be made, constituted, appointed and employed by the boardof trustees as a special consultant on the problems of retirement, agingand other matters while the member is receiving such benefits, and uponrequest of the board of trustees shall give opinions in writing or orallyin response to such requests as may be required. Beginning October 1,1999, for such services as may be required, there shall be payable anadditional monthly compensation of one hundred dollars or five percent ofthe member's average final compensation, whichever is greater, for eachunmarried dependent child of the member.
4. Any benefit payable to or for the benefit of a child or childrenunder the age of eighteen years pursuant to the provisions of subsections 2and 3 of this section shall continue to be paid beyond the age of eighteenyears through the age of twenty-two years in those cases where the child isa full-time student at a regularly accredited college, business school,nursing school, school for technical or vocational training, or university,but such extended benefit shall cease whenever the child ceases to be astudent. A college or university shall be deemed to be regularlyaccredited which maintains membership in good standing in a national orregional accrediting agency recognized by any state college or university.
5. No benefits pursuant to this section shall be paid to a child overeighteen years of age who is totally and permanently disabled if such childis a patient or resident of a public-supported institution, nor shall suchbenefits be paid unless such disability occurred prior to such childreaching the age of eighteen.
(L. 1957 p. 256 § 19, A.L. 1965 p. 204, A.L. 1967 p. 163, A.L. 1969 p. 152, A.L. 1977 H.B. 53, A.L. 1979 H.B. 850, A.L. 1997 H.B. 331, A.L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808, A.L. 2001 S.B. 290, A.L. 2005 S.B. 401, A.L. 2009 H.B. 397 & H.B. 947)