86.287. Accidental death benefit--dependents' allowances.
Accidental death benefit--dependents' allowances.
86.287. Upon the receipt by the board of trustees of evidence andproof that the death of a member was the natural and proximate result of anaccident occurring at some definite time and place while the member was inthe actual performance of duty and not caused by negligence on the part ofthe member, there shall be paid in lieu of the benefits pursuant tosections 86.280 to 86.283:
(1) Effective October 1, 1999, a pension to the surviving spouseuntil the surviving spouse dies or remarries, whichever is earlier, ofseventy-five percent of the deceased member's average final compensationplus fifteen percent of such compensation to, or for the benefit of, eachunmarried dependent child of the deceased member, who is either under theage of eighteen, or who, regardless of age, is totally and permanentlydisabled and incapacitated from engaging in a gainful occupation sufficientto support himself or herself;
(2) Any surviving spouse or unmarried dependent child receivingbenefits pursuant to this section immediately prior to October 1, 1999,shall upon application to the board of trustees be made, constituted,appointed and employed by the board of trustees as a special consultant onthe problems of retirement, aging and other matters while the survivingspouse or unmarried dependent child 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, a surviving spouse shallreceive additional monthly compensation equal to the amount which whenadded to the benefits the surviving spouse was receiving pursuant to thissection prior to October 1, 1999, will increase the surviving spouse'stotal monthly benefit payment pursuant to this section to seventy-fivepercent of the deceased member's average final compensation, and thereshall be payable an additional monthly compensation of one hundred dollarsor five percent of the member's average final compensation, whichever isgreater, for each unmarried dependent child of the member;
(3) If no surviving spouse benefits are payable pursuant tosubdivisions (1) and (2) of this section, such total pension as would havebeen paid pursuant to subdivisions (1) and (2) of this section had therebeen a surviving spouse shall be divided among the unmarried dependentchildren under age eighteen and such unmarried dependent children,regardless of age, who are totally and permanently disabled andincapacitated from engaging in a gainful occupation sufficient to supportthemselves. The benefit shall be divided equally among the eligibledependent children, and the share of a child who is no longer eligibleshall be divided equally among the remaining eligible dependent children;provided that not more than one-half of the surviving spouse's benefitshall be paid for one child;
(4) If there is no surviving spouse or unmarried dependent childrenof either class mentioned in subdivision (3) of this section, then anamount equal to the surviving spouse's benefit shall be paid to themember's dependent father or dependent mother to continue until remarriageor death;
(5) No benefits pursuant to this section shall be paid to a childover eighteen years of age who is totally and permanently disabled if suchchild is a patient or resident of a public-supported institution, nor shallsuch benefits be paid unless such disability occurred prior to such childreaching the age of eighteen;
(6) Wherever any dependent child designated by the board of trusteesto receive benefits pursuant to this section is in the care of thesurviving spouse of the deceased member, such benefits may be paid to suchsurviving spouse for the child;
(7) Any benefit payable to, or for the benefit of, a child orchildren under the age of eighteen years pursuant to subdivisions (1) to(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.
(L. 1957 p. 256 § 26, A.L. 1961 p. 209, A.L. 1963 p. 137, A.L. 1969 p. 154, A.L. 1995 H.B. 260, et al., A.L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808, A.L. 2005 S.B. 401)