86.1250. Pensions of children of deceased members. - Missouri Statutes

Pensions of children of deceased members.

86.1250. 1. (1) Upon the death of a member in service or afterretirement and commencement of benefits, such member's child or childrenunder the age of eighteen years at the time of the member's death shall bepaid fifty dollars per month each until he or she shall attain the age ofeighteen years; however, each such child who is or becomes a full-timestudent at an accredited educational institution shall continue to receivepayments under this section for so long as such child shall remain such afull-time student or shall be in a summer or other vacation periodscheduled by the institution with intent by such child, demonstrated to thesatisfaction of the retirement board, to return to such full-time studentstatus upon the resumption of the institution's classes following suchvacation period, but in no event shall such payments be continued aftersuch child shall attain the age of twenty-one years except as hereinafterprovided.

(2) Any child eighteen years of age or older, who is physically ormentally incapacitated from wage earning, so long as such incapacity existsas certified by a member of the medical board, shall be entitled to thesame benefits as a child under the age of eighteen. For purposes of thissection, a determination of whether a child of a member is physically ormentally incapacitated from wage earning so that the child is entitled tobenefits under this section shall be made at the time of the member'sdeath. If a child becomes incapacitated after the member's death, or if achild's incapacity existing at the member's death is removed and such childlater becomes incapacitated again, such child shall not be entitled tobenefits as an incapacitated child under the provisions of this section. Achild shall be deemed incapacitated only for so long as the incapacityexisting at the time of the member's death continues.

(3) Notwithstanding any other law to the contrary, amounts payableunder subdivision (1) or (2) of this subsection shall not be subject tooffset or reduction by amounts paid or payable under any workers'compensation or similar law.

2. Upon or after the death of a member in service or after retirementand commencement of benefits, if there is no surviving spouse or if asurviving spouse dies, the total amount, including any amounts receivableas consulting compensation, but not including any supplemental benefitsunder section 86.1230, which would be received by a qualified survivingspouse or which is being received by the surviving spouse at the date ofdeath of such surviving spouse shall be added to the amounts received byand shall be divided among the children of such member under the age ofeighteen years and the incapacitated children in equal shares. As eachsuch child attains the age of eighteen years or has such incapacityremoved, such total amount shall then be divided among the remaining suchchildren, until there is no remaining child of such member under the age ofeighteen years or incapacitated, at which time all benefits for children ofsuch member under this subsection shall cease.

3. Upon the death of a member in service or after retirement andcommencement of benefits, a funeral benefit of one thousand dollars shallbe paid to the person or entity who provided or paid for the funeralservices for such member.

4. If no benefits are otherwise payable to a surviving spouse orchild of a deceased member, the member's accumulated contributions, to anyextent not fully paid to such member prior to the member's death or to thesurviving spouse or child of such member, shall be paid in one lump sum tothe member's named beneficiary or, if none, to the member's estate, andsuch payment shall constitute full and final payment of any and all claimsfor benefits under the retirement system.

5. For purposes of this section, commencement of benefits shallbegin, for any benefit, at such time as all requirements of sections 86.900to 86.1280 have been met entitling the member to a payment of such benefitat the next following payment date with the amount established, regardlessof whether the member has received the initial payment of such benefit.

(L. 2005 H.B. 323)