Section 104.140

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 104

Effective - 01 Jul 2000, 3 histories, see footnote   (history) 

  104.140.  Death prior to retirement, benefits. — 1. If a member who has five or more years of creditable service dies before retirement, his surviving spouse, if named as his beneficiary and married to the deceased member on the date of the member's death, or his surviving unemancipated children under the age of twenty-one, if named as beneficiary or beneficiaries, shall receive a total monthly payment equal to fifty percent of the deceased member's accrued monthly benefit calculated as if the member were of normal retirement age as of his date of death. If the surviving spouse dies leaving any unemancipated children under the age of twenty-one years, the payment shall continue until the children become emancipated or reach twenty-one years of age.

  2. Effective January 1, 1985, if an employee who has three or more, but less than ten years of creditable service dies before retirement, the surviving spouse of the deceased employee, if named as beneficiary and married to the deceased employee on the date of the employee's death, or the deceased employee's surviving unemancipated children under the age of twenty-one, if named as beneficiary or beneficiaries, shall receive a total monthly payment equal to twenty-five percent of the deceased employee's accrued monthly benefit calculated as if the employee were of normal retirement age as of the date of death. Such benefit shall be increased by five-twelfths of one percent for each month of service in excess of five years. If the surviving spouse dies leaving any unemancipated children under the age of twenty-one years, the payment shall continue until the children become emancipated or reach twenty-one years of age. If there is no surviving spouse eligible for benefits under this subsection, but there are any unemancipated children of the deceased employee eligible for payments, the payments shall continue until the children become emancipated or reach twenty-one years of age. Any benefits payable to unemancipated children under twenty-one years of age shall be made on a pro rata basis among the surviving unemancipated children under twenty-one years of age.

  3. For the purpose of computing the amount of a benefit payable pursuant to this section, if the board finds that the death was a natural and proximate result of a personal injury or disease arising out of and in the course of the member's actual performance of duty as an employee, then the minimum benefit to such member's surviving spouse or, if no surviving spouse benefits are payable, the minimum benefit that shall be divided among and paid to such member's surviving unemancipated children under the age of twenty-one shall be fifty percent of the member's final average compensation. The service requirements of subsections 1 and 2 of this section shall not apply to any benefit payable pursuant to this subsection.

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(L. 1955 p. 718 § 23, A.L. 1969 p. 174, A.L. 1972 S.B. 650, A.L. 1976 H.B. 1211, A.L. 1982 H.B. 1720, et al., A.L. 1984 H.B. 1370, A.L. 1985 H.B. 790, A.L. 1988 H.B. 1643 & 1399, A.L. 2000 H.B. 1808)

Effective 7-1-00