87.177. Service retirement allowance, five year service and less than twenty--survivor to share benefits--cost-of-living allowance.

Service retirement allowance, five year service and less thantwenty--survivor to share benefits--cost-of-living allowance.

87.177. 1. Any firefighter who terminates employment with five ormore years of service but less than twenty years may apply at age sixty-twofor a service retirement allowance. Upon written application to the boardof trustees the benefit payable shall be equal to two percent times yearsof service times the average final compensation, and the member shall alsobe repaid the total amount of the member's contribution, without interest.

2. The benefits provided in subsection 1 of this section shall be inlieu of any benefits payable pursuant to the provisions of section 87.240.

3. Any survivor of a firefighter retiring pursuant to the provisionsof subsection 1 of this section shall be entitled to fifty percent of theretirement allowance of the retired member at his or her date of death.

4. Any surviving spouse of a firefighter who had five or more yearsof service but less than twenty years and who dies prior to application forretirement benefits payable pursuant to this section shall be entitled tofifty percent of the retirement allowance of the member at his or her dateof death payable at the date the member would have reached age sixty-two,or to the immediate refund of the member's contribution plus interest. Ifno surviving spouse exists, a benefit shall be payable pursuant tosubdivisions (2) and (3) of subsection 1 of section 87.220, or by theimmediate refund of the member's contribution plus interest.

5. Any firefighter retiring pursuant to the provisions of thissection shall be entitled to receive a cost-of-living allowance of fivepercent per year for a maximum of five years.

(L. 2002 H.B. 1455 merged with S.B. 1107)

Effective 7-11-02 (H.B. 1455)

8-28-02 (S.B. 1107)