104.1030. Death prior to annuity starting date, effect of--surviving spouse's benefits--applicability to members of general assembly and statewide officials.
Death prior to annuity starting date, effect of--surviving spouse'sbenefits--applicability to members of general assembly and statewideofficials.
104.1030. 1. If a member with five or more years of credited serviceor a vested former member dies before such member's or such vested formermember's annuity starting date, the applicable annuity provided in thissection shall be paid.
2. The member's surviving spouse who was married to the member at thedate of death shall receive an annuity computed as if such member had:
(1) Retired on the date of death with a normal retirement annuitybased upon credited service and final average pay to the date of death, andwithout reduction if the member's age was younger than normal retirementeligibility;
(2) Elected option 2 provided for in section 104.1027; and
(3) Designated such spouse as beneficiary under such option.
3. If a spouse annuity is not payable pursuant to the provisions ofsubsection 2 of this section, or when a spouse annuity has ceased to bepayable, eighty percent of an annuity computed in the same manner as if themember had retired on the date of death with a normal retirement annuitybased upon credited service and final average pay to the date of death andwithout reduction if the member's age at death was younger than normalretirement eligibility shall be divided equally among the dependentchildren of the deceased member. A child shall be a dependent child untildeath or attainment of age twenty-one, whichever occurs first; provided theage twenty-one maximum shall be extended for any child who has been foundtotally incapacitated by a court of competent jurisdiction. Upon a childceasing to be a dependent child, that child's portion of the dependentannuity shall cease to be paid, and the amounts payable to any remainingdependent children shall be proportionately increased.
4. For the purpose of computing the amount of an annuity payablepursuant to this section, if the board finds that the death was the naturaland proximate result of a personal injury or disease arising out of and inthe course of his or her actual performance of duty as an employee, thenthe minimum annuity to such member's spouse or, if no spouse benefits arepayable, the minimum annuity that shall be divided among and paid to suchmember's dependent children shall be fifty percent of final average pay.The credited service requirement of subsection 1 of this section shall notapply to any annuity payable pursuant to this subsection.
5. The provisions of this section shall apply to members of thegeneral assembly and statewide elected officials except that the creditedservice and monthly pay requirements described in section 104.1084 shallapply notwithstanding any other language to the contrary contained in thissection.
(L. 1999 S.B. 308 & 314, A.L. 2001 S.B. 371)