Section 476.515

Title XXXII COURTS

Chapter 476

Effective - 28 Aug 2013   

  476.515.  Definitions — reinstatement of benefits for surviving spouse terminated by remarriage, when, procedure. — 1.  As used in sections 476.515 to 476.565, unless the context clearly indicates otherwise, the following terms mean:

  (1)  "Beneficiary", a surviving spouse married to the deceased judge continuously for a period of at least two years immediately preceding the judge's death or if there is no surviving spouse eligible to receive benefits pursuant to sections 476.515 to 476.565, the term "beneficiary" shall mean any child under age twenty-one of the deceased judge, who shall share in the benefits on an equal basis with all other beneficiaries;

  (2)  "Benefit", a series of equal monthly payments payable during the life of a judge retiring pursuant to the provisions of sections 476.515 to 476.565 or payable to a beneficiary as provided in sections 476.515 to 476.565; all benefits paid pursuant to sections 476.515 to 476.565 in excess of any contributions made to the system by a judge shall be considered to be a part of the compensation provided a judge for the judge's services;

  (3)  "Commissioner of administration", the commissioner of administration of the state of Missouri;

  (4)  "Judge", any person who has served or is serving as a judge or commissioner of the supreme court or of the court of appeals; or as a judge of any circuit court, probate court, magistrate court, court of common pleas or court of criminal corrections of this state; as a justice of the peace; or as commissioner or deputy commissioner of the circuit court appointed after February 29, 1972;

  (5)  "Salary", the total compensation paid for personal services as a judge by the state or any of its political subdivisions.

  2.  A surviving spouse whose benefits were terminated because of remarriage prior to October 1, 1984, shall, upon written application to the board within six months after October 1, 1984, have the surviving spouse's rights as a beneficiary restored.  Benefits shall resume as of October 1, 1984.

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(L. 1971 S.B. 132 § 1, A.L. 1977 S.B. 364, A.L. 1984 H.B. 1370 merged with S.B. 491, A.L. 1988 S.B. 425, A.L. 1989 H.B. 674, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 1999 S.B. 1, et al., A.L. 2013 H.B. 233)