104.090. Normal annuity of retired member--additional allowance to patrolmen, qualifications--survivorship options--option selected prior to retirement, death of spouse, effect--spouse as beneficiary,
Normal annuity of retired member--additional allowance to patrolmen,qualifications--survivorship options--option selected prior toretirement, death of spouse, effect--spouse as beneficiary, effect.
104.090. 1. The normal annuity of a member shall equal one andsix-tenths percent of the average compensation of the member multiplied bythe number of years of creditable service of such member. In addition, thenormal annuity of a uniformed member of the patrol shall be increased bythirty-three and one-third percent.
2. In addition, a uniformed member of the highway patrol who isretiring with a normal annuity after attaining normal retirement age shallreceive an additional sum of ninety dollars per month as a contribution bythe system until such member attains the age of sixty-five years, when suchcontribution shall cease. To qualify for the contribution provided in thissubsection by the system, the retired uniformed member of the highwaypatrol is made, constituted, appointed and employed by the board as aspecial consultant on the problems of retirement, aging and other statematters. Such additional contribution shall be reduced each month by suchamount earned by the retired uniformed member of the highway patrol ingainful employment. In order to qualify for the additional contributionprovided in this subsection, the retired uniformed member of the highwaypatrol shall have been:
(1) Hired by the Missouri state highway patrol prior to January 1,1995; and
(2) Employed by the Missouri state highway patrol or receivinglong-term disability or work-related disability benefits on the day beforethe effective date of the member's retirement.
3. In lieu of the annuity payable to the member pursuant to section104.100, a member whose age at retirement is forty-eight or more may electin the member's application for retirement to receive either:
Option 1. An actuarial reduction approved by the board of themember's annuity in reduced monthly payments for life during retirementwith the provision that upon the member's death the reduced annuity at dateof death shall be continued throughout the life of, and be paid to, themember's spouse; or
Option 2. The member's normal annuity in regular monthly payments forlife during retirement with the provision that upon the member's death asurvivor's benefit equal to one-half the member's normal annuity at date ofdeath shall be paid to the member's spouse in regular monthly payments forlife; or
Option 3. An actuarial reduction approved by the board of member'snormal annuity in reduced monthly payments for the member's life with theprovision that if the member dies prior to the member's having received onehundred twenty monthly payments of the member's reduced annuity, themember's reduced allowance to which the member would have been entitled hadthe member lived shall be paid for the remainder of the one hundredtwenty-month period to such person as the member shall have nominated bywritten designation duly executed and filed with the board. If there is nobeneficiary surviving the retiree, the reserve for such allowance for theremainder of such one hundred twenty-month period shall be paid to theretiree's estate; or
Option 4. An actuarial reduction approved by the board of themember's normal annuity in reduced monthly payments for the member's lifewith the provision that if the member dies prior to the member havingreceived sixty monthly payments of the member's reduced annuity, themember's reduced allowance to which the member would have been entitled hadthe member lived shall be paid for the remainder of the sixty-month periodto such person as the member shall have nominated by written designationduly executed and filed with the board. If there is no beneficiarysurviving the retiree, the reserve for such allowance for the remainder ofsuch sixty-month period shall be paid to the retiree's estate.
4. The election may be made only in the application for retirement,and such application shall be filed at least thirty days but not more thanninety days prior to the date on which the retirement of the member is tobe effective, provided that if either the member or the spouse nominated toreceive the survivorship payment dies before the effective date ofretirement, the election shall not be effective. If after the reducedannuity commences, the spouse predeceases the retired member, the reducedannuity continues to the retired member during the member's lifetime.
5. Effective July 1, 2000, a member may make an election under option1 or 2 after the date retirement benefits are initiated if the member makesthe election within one year from the date of marriage or July 1, 2000,whichever is later, under any of the following circumstances:
(1) The member elected to receive a normal annuity and was noteligible to elect option 1 or 2 on the date retirement benefits wereinitiated; or
(2) The member's annuity reverted to a normal annuity pursuant tosubsection 8 of section 104.103 and the member remarried; or
(3) The member elected option 1 or 2 but the member's spouse at thetime of retirement has died and the member has remarried.
6. Any person who terminates employment or retires prior to July 1,2000, shall be made, constituted, appointed and employed by the board as aspecial consultant on the problems of retirement, aging and other statematters, and for such services shall be eligible to elect to receive thebenefits described in subsection 5 of this section.
7. For retirement applications filed on or after August 28, 2004, thebeneficiary for either option 1 or option 2 of subsection 3 of this sectionshall be the member's spouse at the time of retirement. If the member'smarriage ends after retirement as a result of a dissolution of marriage,such dissolution shall not affect the option election and the former spouseshall continue to be eligible to receive survivor benefits upon death ofthe member.
8. Any application for retirement shall only become effective on thefirst day of the month.
(L. 1955 p. 718 § 18, A.L. 1961 p. 542, A.L. 1969 p. 174, A.L. 1972 S.B. 650, A.L. 1976 H.B. 1211, A.L. 1984 H.B. 1370, A.L. 1986 H.B. 1496, A.L. 1988 H.B. 1643 & 1399, A.L. 1994 H.B. 1149, A.L. 1996 H.B. 1541, A.L. 2000 H.B. 1808, A.L. 2004 H.B. 1440)