87.195. Ordinary disability retirement, when, amount.
Ordinary disability retirement, when, amount.
87.195. 1. Upon retirement for ordinary disability, amember shall receive a service retirement allowance if he hastwenty years or more of creditable service; otherwise he shallreceive an ordinary disability retirement allowance which shallbe the larger of:
(1) Ninety percent of a service retirement allowance basedon his creditable service and calculated the date of disabilityretirement, or
(2) One-fourth of his average final compensation, exceptthat such allowance shall not exceed ninety percent of theservice retirement allowance based on his creditable service andcalculated at the date of disability retirement.
2. In addition to whichever of the allowances the membershall receive for retirement for ordinary disability, there shallbe paid to him an additional allowance of ten percent of hisaverage final compensation for each unmarried dependent childunder the age of eighteen and each unmarried child, regardless ofage, who is totally and permanently mentally or physicallyincapacitated from engaging in gainful employment sufficientlyremunerative to support himself, but such additional allowanceshall not be paid on more than three children.
3. No benefits under this section shall be paid to a childover eighteen years of age who is totally and permanentlymentally or physically disabled and incapacitated if such childis a patient or ward in a publicly supported institution.
(L. 1943 p. 708 § 6, A.L. 1959 S.B. 314 § 86.527, A.L. 1961 p. 213, A.L. 1967 1st Ex. Sess. p. 876, A.L. 1983 H.B. 694 & 171)