86.900. Definitions.
Definitions.
86.900. The following words and phrases as used in sections 86.900 to86.1280 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 86.900 to 86.1280;
(2) "Beneficiary", any person entitled, either currently orconditionally, to receive pension or other benefits provided in sections86.900 to 86.1280;
(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 86.910 to continue a police retirement system maintained undersections 86.900 to 86.1280;
(5) "Compensation", the basic wage or salary paid a member for anyperiod on the basis of the member's rank and position, excluding bonuses,overtime pay, expense allowances, and other extraordinary compensation;except that, notwithstanding such provision, compensation for any year forany member shall not exceed the amount permitted to be taken into accountunder Section 401(a)(17) of the Internal Revenue Code as applicable to suchyear;
(6) "Consultant", unless otherwise specifically defined, a personretained by the retirement system as a special consultant on the problemsof 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 86.900 to 86.1280 bymeeting the requirements specified in said sections or section 105.691,RSMo;
(8) "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. In computing the average annual compensation ofa member, no compensation for service after the thirtieth full year ofmembership service shall be included. For any period of time when a memberis paid on a frequency other than monthly, the member's salary for suchperiod shall be deemed to be the monthly equivalent of the member's annualrate of compensation for such period;
(9) "Fiscal year", for the retirement system, the fiscal year of thecities;
(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 police retirement system as describedin section 86.1090;
(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 86.900 to 86.1280 and by themembers of the police retirement system;
(15) "Police officer", an officer or member of the police departmentof the cities employed for compensation by the boards of policecommissioners of the cities for police duty who holds a rank or positionfor which an annual salary range is provided in section 84.480 or 84.510,RSMo; in case of dispute as to whether any person is a police officerqualified for membership in the retirement system, the decision of theboard of police commissioners shall be final;
(16) "Retirement board" or "board", the board provided in section86.920 to administer the retirement system;
(17) "Retirement system", the police retirement system of the citiesas defined in section 86.910;
(18) "Surviving spouse", when determining whether a person isentitled to benefits under sections 86.900 to 86.1280 by reason ofsurviving a member, shall include only:
(a) A person who was married to a member at the time of the member'sdeath in the line of duty or from an occupational disease arising out ofand in the course of the member's employment and who had not, after themember's death and prior to August 28, 2000, remarried;
(b) With respect to a member who retired or died prior to August 28,1997, a spouse who survives such member, whose marriage to such memberoccurred at least two years before the member's retirement or at least twoyears before the member's death while in service, and who had not remarriedanyone other than the member prior to August 28, 2000;
(c) With respect to a member who retired or died while in serviceafter August 28, 1997, and before August 28, 2000, a spouse who survivessuch member, was married to such member at the time of such member'sretirement or of such member's death while in service, and had not, afterthe member's death and prior to August 28, 2000, remarried; and
(d) With respect to a member who retires or dies in service afterAugust 28, 2000, a spouse who survives a member and was married to suchmember at the time of such member's retirement or death while in service.
(L. 2005 H.B. 323)