87.235. Payments on proof of accidental death in service--beneficiaries.
Payments on proof of accidental death in service--beneficiaries.
87.235. 1. Effective May 1, 2002, upon the receipt of evidence andproof that the death of a member was the result of an accident or exposureat any time or place, provided that at such time or place the member was inthe actual performance of the member's duty and, in the case of anexposure, while in response to an emergency call, or was acting pursuant toorders, there shall be paid in lieu of all other benefits the followingbenefits:
(1) A retirement allowance to the widow during the person's widowhoodof seventy percent of the pay then provided by law for the highest step inthe range of salary for the next title or next rank above the member'srange or title held at the time of the member's death, plus ten percent ofsuch compensation to or for the benefit of each unmarried dependent childof the deceased member, who is either under the age of eighteen, or who istotally and permanently mentally or physically disabled and incapacitated,regardless of age, but not in excess of a total of three children,including both classes, and paid as the board of trustees in its discretiondirects;
(2) If no widow benefits are payable pursuant to subdivision (1),such total allowance as would have been paid had there been a widow shallbe divided among the unmarried dependent children under the age of eighteenand such unmarried children, regardless of age, who are totally andpermanently mentally or physically disabled and incapacitated, and paid toor for the benefit of such children as the board of trustees in itsdiscretion shall direct;
(3) If there is no widow, or child under the age of eighteen years,or child, regardless of age, who is totally and permanently mentally orphysically disabled and incapacitated, then an amount equal to the widow'sbenefit shall be paid to the member's dependent father or dependent mother,as the board of trustees shall direct, to continue until remarriage ordeath;
(4) Any benefit payable to, or for the benefit of, a child orchildren under the age of eighteen years pursuant to subdivisions (1) and(2) of this section shall be paid beyond the age of eighteen years throughthe age of twenty-five years in such cases where the child is a full-timestudent at a regularly accredited college, business school, nursing school,school for technical or vocational training or university, but such benefitshall cease whenever the child ceases to be a student. A college oruniversity shall be deemed to be regularly accredited which maintainsmembership in good standing in a national or regional accrediting agencyrecognized by any state college or university.
2. No benefits pursuant to this section shall be paid to a child overeighteen years of age who is totally and permanently mentally or physicallydisabled and incapacitated, if such child is a patient or ward in apublic-supported institution.
3. Wherever any dependent child designated by the board of trusteesto receive benefits pursuant to this section is in the care of the widow ofthe deceased member, the child's benefits may be paid to the widow for thechild.
(L. 1943 p. 708 § 6, A.L. 1959 S.B. 314 § 86.547, A.L. 1961 p. 215, A.L. 1963 p. 142, A.L. 1996 H.B. 1404, A.L. 2002 H.B. 1455 merged with S.B. 1107)Effective 7-11-02 (H.B. 1455)
8-28-02 (S.B. 1107)