87.050. Death benefits, amount--eligibility--limitations. - Missouri Statutes

Death benefits, amount--eligibility--limitations.

87.050. 1. If any member shall be killed or die while inthe performance of his* duty or as the result of any injuryreceived in the line of duty, or of any disease contracted byreason of his occupation, or shall die from any cause whateverwhile a member of said fire department, or shall die whilereceiving a disability or service pension, and shall leave awidow or child or children under the age of eighteen yearssurviving, said board of trustees shall order and direct thepayment from the pension fund, monthly, to such widow, a sumequal to not less than twenty percent of the monthly compensationallowed a first class fireman of the fire department as salary atthe date of the death of the member or seventy-five dollars,whichever is greater; and to or for the benefit of each childuntil it reaches the age of eighteen, a sum equal to not lessthan five percent of the monthly compensation allowed a firstclass fireman of the fire department as salary at the date of thedeath of the member; and to or for each unmarried child,regardless of age, who is totally and permanently mentally orphysically incapacitated from engaging in gainful employmentsufficiently remunerative to support himself, a sum equal to fivepercent of the monthly compensation allowed a first class firemanof the fire department as salary at the date of the death of themember; provided that no benefits shall be paid to or for anychild over eighteen years of age who is totally and permanentlymentally or physically disabled or incapacitated if such child isa patient or ward in a publicly supported institution. In thecase of widows, payments shall be made only to those widows whosemarriage to the member occurred prior to his retirement ondisability or service pension, and shall be made only while saidwidow is unmarried and are to cease forever immediately uponremarriage. In the case of children no payments shall be made toor for any child born or adopted after the effective date of themember's retirement on disability or service pension, or the dateof his death, and payments shall not be made for more than threeeligible children and, if there are more than three eligiblechildren, payments shall be made for the three youngest eligiblechildren. If the member who dies is a member of a volunteerdepartment, the amount to be paid monthly to his widow andchildren aforesaid shall be fixed by the board of trustees.

2. Any widow who is receiving survivors' pension benefitsunder the provisions of this section as it existed at any timeprior to August 13, 1982, upon application to the board oftrustees, shall be employed by the board as a special consultanton the problems of retirement, aging, and other pension systemmatters for the remainder of her life and upon request of theboard shall give opinions in writing or orally, as may berequested, and for such services shall be compensated monthly inan amount equal to the difference between the amount of themonthly pension benefit the widow is receiving for herself andseventy-five dollars. This compensation shall be consolidatedwith the pension benefits the widow is receiving and shall bepaid out of the same fund as are such benefits. Employment as aspecial consultant shall in no way affect any widow's eligibilityfor survivors' pension benefits or in any way have the effect ofreducing such benefits, other provisions of law to the contrarynotwithstanding.

(RSMo 1939 § 9507, A.L. 1969 H.B. 127, H.B. 407, A.L. 1982 H.B. 904)

Prior revisions: 1929 § 8940; 1919 § 9041; 1909 § 9866

*Word "this" appears in original rolls.