87.220. Death benefits for beneficiaries of members in service or on accidental disability allowance--child to receive benefits, when.
Death benefits for beneficiaries of members in service or onaccidental disability allowance--child to receive benefits, when.
87.220. 1. Upon the receipt of proper proofs of the death of amember who retired while in service, including retirement for service,ordinary disability or accidental disability, prior to September 28, 1983,and provided no other benefits are payable, there shall be paid thefollowing benefits:
(1) A retirement allowance to all widows during their widowhood offifty percent of the deceased member's average final compensation or twohundred dollars per month, whichever is greater, plus ten percent of suchcompensation to or for the benefit of each unmarried dependent child of thedeceased member who is either under age eighteen or who is totally andpermanently mentally or physically incapacitated regardless of age, but notin excess of three children, including both classes, and paid as the boardof trustees in its discretion shall direct;
(2) If no widow benefits are payable pursuant to subdivision (1) ofthis subsection, such total allowance as would have been paid, had therebeen a widow, shall be divided among the unmarried dependent children underage eighteen and such unmarried children, regardless of age, who aretotally and permanently mentally or physically incapacitated, and paid, toor for the benefit of such children, as the board of trustees in itsdiscretion shall direct;
(3) Any benefit payable to, or for the benefit of, a child orchildren under the age of eighteen years pursuant to subdivisions (1) and(2) of this section shall be paid beyond the age of eighteen years throughthe age of twenty-five years in such cases where the child is a full-timestudent at a regularly accredited college, business school, nursing school,school for technical or vocational training or university, but such benefitshall cease whenever the child ceases to be a student. A college oruniversity shall be deemed to be regularly accredited which maintainsmembership in good standing in a national or regional accrediting agencyrecognized by any state college or university.
2. Upon the receipt of proper proofs of the death of a member inservice or who retired while in service, including retirement for service,ordinary disability or accidental disability, after September 28, 1983, andprovided no other benefits are payable, there shall be paid the followingbenefits:
(1) A retirement allowance to all widows during their widowhood oftwenty-five percent of the deceased member's average final compensation ortwo hundred dollars per month, whichever is greater, plus ten percent ofsuch compensation to or for the benefit of each unmarried dependent childof the deceased member who is either under age eighteen or who is totallyand permanently mentally or physically incapacitated regardless of age, butnot in excess of three children, including both classes, and paid as theboard of trustees in its discretion shall direct;
(2) If no widow's benefits are payable pursuant to subdivision (1) ofthis subsection, such total allowance as would have been paid, had therebeen a widow, shall be divided among the unmarried dependent children underage eighteen and such unmarried children, regardless of age, who aretotally and permanently mentally or physically incapacitated, and paid toor for the benefit of such children, as the board of trustees in itsdiscretion shall direct;
(3) Any benefit payable to, or for the benefit of, a child orchildren under the age of eighteen years pursuant to subdivisions (1) and(2) of this section shall be paid beyond the age of eighteen years throughthe age of twenty-five years in such cases where the child is a full-timestudent at a regularly accredited college, business school, nursing school,school for technical or vocational training or university, but such benefitshall cease whenever the child ceases to be a student. A college oruniversity shall be deemed to be regularly accredited which maintainsmembership in good standing in a national or regional accrediting agencyrecognized by any state college or university.
(L. 1943 p. 708 § 6, A.L. 1959 S.B. 314 § 86.540, A.L. 1963 p. 142, A.L. 1980 H.B. 1139 & 1140, A.L. 1983 H.B. 694 & 171, A.L. 1996 H.B. 1404)