104.255. Certain surviving spouses to become consultants--compensation--not to affect survivor's benefits or eligibility for retirement--surviving spouses not receiving payments on or after Septem
Certain surviving spouses to become consultants--compensation--not toaffect survivor's benefits or eligibility for retirement--survivingspouses not receiving payments on or after September 1, 1989.
104.255. 1. Any spouse of a deceased member who retired prior toAugust 28, 1989, shall, upon application, be made, constituted, andappointed and employed by the board as a special consultant on the problemsof retirement, aging, and other matters relating to spouses of deceasedmembers of the system, and upon the request of the board shall giveopinions, in writing or orally, in response to such requests of the board.As compensation for the services required by this section, spouses ofdeceased members of the system shall be compensated monthly in an amountsubject to either the option that the member chose at the time ofretirement or an amount equal to one-half of the member's benefit,whichever is greater. The above benefits shall be based upon the benefitthe member was receiving at the time of death.
2. The employment provided for by this section shall in no way affectany person's eligibility for retirement or survivor benefits under theprovisions of this chapter, or in any way have the effect of reducing anyretirement or survivor benefits, anything to the contrary notwithstanding.
3. Other provisions of law notwithstanding, any surviving spouse notreceiving a continuing payment who would have been eligible forcompensation under the provisions of subsection 1 or 2 of this section onor after September 1, 1989, shall be entitled to receive compensation in asum equal to the amount the spouse would have received had subsections 1and 2 been in effect on September 1, 1989. In order for a surviving spouseto be eligible for the benefits under this subsection, the retirementapplication of the deceased member must be filed prior to August 28, 2004.
(L. 1989 H.B. 674, A.L. 1992 S.B. 499, et al., A.L. 2004 H.B. 1440)