104.602. Creditable service not previously credited to members of either system to be credited, when--duplicate credit prohibited--death of a member prior to exercise of transfer rights, rights of sur - Missouri Statutes

Creditable service not previously credited to members of eithersystem to be credited, when--duplicate credit prohibited--death ofa member prior to exercise of transfer rights, rights of survivor.

104.602. 1. Any member as defined in section 104.010 may elect priorto retirement to receive creditable service with the system of which he orshe is a current member equal to all creditable service or any forfeitedservice performed for a department covered by the other system. In noevent shall a member under either system established pursuant to thischapter receive credit in more than one system for the same period ofservice.

2. If a member dies before retirement and prior to exercisingtransfer rights pursuant to the provisions of this section, the survivormay elect to receive survivor benefits that shall be computed as if themember had in fact exercised the member's transfer rights to produce themost advantageous benefit possible. In this instance, the benefit shall bepaid by the system that provides the most advantageous benefit. If thereis no advantage in one system or the other after the transfer of creditableservice, the benefit shall be paid by the system that the member lastaccrued service under prior to the date of the death of the member.

(L. 1981 H.B. 835, et al., A.L. 1982 H.B. 1720, et al., A.L. 1984 H.B. 1370, A.L. 1988 H.B. 1643 & 1399, A.L. 1997 H.B. 356, A.L. 2001 S.B. 371)