Section 476.535

Title XXXII COURTS

Chapter 476

Effective - 28 Aug 1995   

  476.535.  Survivor's benefits, how paid. — 1.  On and after August 28, 1995, if a person who is serving as a judge as defined in section 476.515, or a person had served as a judge and who has been approved for long-term disability benefits, dies, retirement compensation shall be paid in monthly installments to such person's beneficiary in the amount equal to fifty percent of the amount of the retirement compensation provided in section 476.530 regardless of the period of the person's judicial service; except that where the period of service could not have been twelve years or more because of the mandatory retirement provisions of Article V, Section 30^*, of the Missouri Constitution, the retirement compensation provided by this subsection shall be reduced by the proportion that the number of years that he would have lacked serving twelve years had he been able to serve until mandatory retirement bears to twelve years.

  2.  If a person dies who has served in this state an aggregate of twelve years, continuously or otherwise, as a judge, and who, after September 28, 1971, ceased or ceases to hold office by reason of the expiration of the person's term or voluntary resignation, but who was not retired under the provisions of this section, nor withdrawn the person's contributions except as provided in section 476.585, retirement compensation shall be paid in monthly installments to the person's beneficiary in the amount equal to fifty percent of the amount of retirement compensation provided in section 476.530.

  3.  If a person who has retired under the provisions of sections 476.515 to 476.570^** dies, the person's beneficiary shall receive an amount equal to fifty percent of the amount of the retirement compensation that person was receiving at the person's date of death, paid in monthly installments to the person's beneficiary.

  4.  This section shall not increase, decrease or eliminate any benefits which were being paid to or to which a beneficiary was entitled on or before August 12, 1974.

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(L. 1971 S.B. 132 § 5, A.L. 1974 S.B. 422, A.L. 1982 S.B. 497, A.L. 1988 S.B. 425, A.L. 1995 H.B. 416, et al.)

*Article V, Section 30, of the Missouri Constitution was repealed by S.J.R. 24, 1976.

**Section 476.570 was repealed by H.B. 1634, 1978.