87.045. Eligibility for and payment of a disability pension.
Eligibility for and payment of a disability pension.
87.045. 1. If any member of the fire department of any suchcity, village or incorporated town shall become and be found,upon an examination by a medical officer designated by the boardof trustees, to be physically or mentally incapacitated for dutyas the result of an accident occurring while in the actualperformance of duty or exposure while in the actual performanceof duty, and if the medical officer certifies that the member ismentally or physically incapacitated for further performance ofduty and that such incapacity is likely to be permanent, and thatthe member should be retired, the board of trustees shall retiresuch disabled member from service in the fire department. Uponsuch retirement the board of trustees shall order the payment tosuch disabled member, monthly, from the pension fund, a sum equalto fifty percent of the average monthly salary of said memberduring the twelve months immediately preceding the effective dateof his retirement.
2. Upon application, any member of the fire department whohas made regular and periodic payments into the pension fund fora period of five years or more shall be retired by the board oftrustees, not less than thirty days nor more than ninety daysnext following the date of filing the application, on adisability pension, provided a medical officer designated by theboard of trustees, after a medical examination of the member,shall certify that such member is mentally or physicallyincapacitated for the further performance of duty, that suchincapacity is likely to be permanent, and that such member shouldbe retired. Upon such retirement the board of trustees shallorder the payment to such disabled member, monthly, from thepension fund, a sum equal to twenty-five percent of the averagemonthly salary said member was receiving during the twelve monthsimmediately preceding the effective date of his retirement. Inaddition there shall also be paid a sum equal to five percent ofthe said average monthly salary the member was receiving at thetime of his retirement for each unmarried dependent child underthe age of eighteen, and each unmarried child, regardless of age,who is totally and permanently mentally or physicallyincapacitated from engaging in gainful employment sufficientlyremunerative to support himself. Such additional sum shall notbe paid to or for more than three eligible children, and if thereare more than three eligible children, then payments shall bemade for the three youngest eligible children, and furtherprovided that no benefits under this section shall be paid to orfor any child or children over eighteen years of age who aretotally and permanently mentally or physically incapacitated ifsuch child is a patient or ward in a publicly supportedinstitution, and no benefits shall be paid under this section toor for any child born or adopted after the effective date of themember's disability retirement.
(RSMo 1939 § 9506, A.L. 1969 p. 157)Prior revisions: 1929 § 8939; 1919 § 9040; 1909 § 9865