86.1610. Death of member in service, benefit to be received--death of member after retirement, benefit to be received--surviving spouse benefits--payments to designated beneficiaries, when.

MISSOURI STATUTES AND CODES

86.1610. Death of member in service, benefit to be received--death of member after retirement, benefit to be received--surviving spouse benefits--payments to designated beneficiaries, when.

Death of member in service, benefit to be received--death ofmember after retirement, benefit to be received--survivingspouse benefits--payments to designated beneficiaries, when.

86.1610. 1. Upon receipt of the proper proofs of death of a memberin service for any reason whatsoever, the following amounts shall bepayable subject to subsection 4 of this section, and if a pension shall beelected, the initial amount thereof shall be the base pension for suchsurviving spouse:

(1) If the member has less than five years of creditable service, themember's surviving spouse shall be paid, in one lump sum, the amount of themember's accumulated contributions. If there is no surviving spouse, themember's accumulated contributions shall be paid to the member's designatedbeneficiary, or if none, to the executor or administrator of the member'sestate, and such payment shall be full and final settlement for all amountsdue from the retirement system with respect to such member except asprovided in subsection 1 of section 86.1620;

(2) If the member has at least five but fewer than twenty years ofcreditable service, the member's surviving spouse may elect the lump sumsettlement in subdivision (1) of this subsection or a pension. Suchpension shall be fifty percent of the member's accrued pension at date ofdeath as computed in subdivision (1) of subsection 1 of section 86.1540,commencing on the later of the day after the member's death, or the datewhich would have been the member's earliest possible retirement datepermitted under subsection 2 of section 86.1540;

(3) If the member has at least twenty years of creditable service,the member's surviving spouse may elect any one of:

(a) The lump sum settlement in subdivision (1) of this subsection;

(b) The pension as computed in subdivision (2) of this subsection; or

(c) A pension in the monthly amount determined on a joint andsurvivor's basis from the actuarial value of the member's accrued annuityat date of death;

(4) Any death of a retired member occurring before the first paymentof the retirement pension shall be deemed to be a death prior toretirement;

(5) For the surviving spouse of a member who died in service afterAugust 28, 2001, benefits payable under subsection 1 of this section shallcontinue for the lifetime of such surviving spouse without regard toremarriage.

2. Upon death of a member after retirement who has not elected theoptional annuity permitted under subsection 3 of section 86.1540, thesurviving spouse shall receive a base pension payable for life, equalingfifty percent of the member's base pension, as of the member's retirementdate, subject to the following:

(1) No surviving spouse of a member who retires after August 28,2001, shall be entitled to receive any benefits under sections 86.1310 to86.1640 unless such spouse was married to the member at the time of themember's retirement; and

(2) Any surviving spouse who was married to such a member at the timeof the member's retirement shall be entitled to all benefits for survivingspouses under sections 86.1310 to 86.1640 for the life of such survivingspouse without regard to remarriage.

3. In the case of any member who, prior to August 28, 2001, died inservice or retired, the surviving spouse who would qualify for benefitsunder subsection 1 or 2 of this section but for remarriage, and has notremarried prior to August 28, 2001, but remarries thereafter, shall uponapplication be appointed by the retirement board as a consultant. Forservices as such consultant, such surviving spouse shall be compensated inan amount equal to the benefits such spouse would have received undersections 86.1310 to 86.1640 in the absence of such remarriage.

4. Any beneficiary of benefits under sections 86.1310 to 86.1640 whobecomes the surviving spouse of more than one member shall be paid allbenefits due a surviving spouse of that member whose entitlements producethe largest surviving spouse benefits for such beneficiary but shall not bepaid surviving spouse benefits as the surviving spouse of more than onemember, except that any surviving spouse for whom an election has been madefor an optional benefit under subsection 3 of section 86.1540 shall beentitled to every optional benefit for which such surviving spouse has socontracted.

5. The final payment due any surviving beneficiary shall be thepayment due on the first day of the month in which such beneficiary dies orotherwise ceases to be entitled to benefits under this section.

6. If there is no surviving spouse, payment of the member'saccumulated contributions less the amount of any prior payments from theretirement system to the member or to any beneficiary of the member shallbe made to the member's designated beneficiary or, if none, to the personalrepresentative of the member's estate.