Survivors' benefits, options--purchase of prior service credits forprevious service in another Missouri public school retirementsystem, cost--monthly retirement allowance--special consultantqualification, compensation, duties--death prior to receipt oftotal accumulated benefits, effect of.
169.075. 1. Certain survivors specified in this section and meetingthe requirements of this section may elect to forfeit any payments payablepursuant to subsection 3 or 6 of section 169.070 and to receive certainother benefits described in this section upon the death of a member priorto retirement, except retirement with disability benefits, whose period ofcreditable service in districts included in the retirement system is (1)five years or more, or (2) two years but less than five years and who dies(a) while teaching in a district included in the retirement system, or (b)as a result of an injury or sickness incurred while teaching in such adistrict and within one year of the commencement of such injury orsickness, or (c) while eligible for a disability retirement allowancehereunder.
2. Upon an election pursuant to subsection 1 of this section, asurviving spouse sixty years of age, or upon attainment of age sixty, or asurviving spouse who has been totally and permanently disabled for not lessthan five years immediately preceding the death of a member if designatedas the sole beneficiary, and if married to the member at least three years,and if living with such member at the time of the member's death, shall beentitled to a monthly payment equal to twenty percent of one-twelfth of theannual salary rate on which the member contributed for the member's lastfull year of creditable service as a teacher in a district included in theretirement system until death or recovery prior to age sixty from thedisability which qualified the spouse for the benefit, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred seventy-five dollars or more than eight hundred sixty dollars. Asurviving spouse, who is eligible for benefits pursuant to this subsectionand also pursuant to subsection 3 of this section may receive benefits onlypursuant to subsection 3 of this section as long as the surviving spouseremains eligible pursuant to both subsections, but shall not bedisqualified for the benefit provided in this subsection because thesurviving spouse may have received payments pursuant to subsection 3 ofthis section. Beginning August 28, 2001, a surviving spouse who otherwisemeets the requirements of this subsection but who remarried prior to August28, 1995, shall be entitled, upon an election pursuant to subsection 1 ofthis section, to any remaining benefits that would otherwise have beenreceived had the surviving spouse not remarried before the change in lawpermitting remarried surviving spouses to continue receiving benefits.Such surviving spouses may, upon application, become special consultantswhose benefit will be to receive the remaining benefits described in thissubsection. No benefit shall be paid to such surviving spouse unless he orshe files a valid application for such benefit with the retirement systempostmarked on or before June 30, 2002. In no event shall any retroactivebenefits be paid.
3. Upon an election pursuant to subsection 1 of this section, asurviving spouse, if designated as the sole beneficiary, who has in thesurviving spouse's care a dependent unmarried child, including a stepchildor adopted child, of the deceased member, under eighteen years of age,shall be entitled to a monthly payment equal to twenty percent ofone-twelfth of the annual salary rate on which the member contributed forthe member's last full year of creditable service as a teacher in adistrict included in the retirement system until the surviving spouse'sdeath, or the first date when no such dependent unmarried child under ageeighteen, or age twenty-four if the child is enrolled in school on afull-time basis, remains in the surviving spouse's care, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred seventy-five dollars or more than eight hundred sixty dollars. Inaddition the surviving spouse shall be entitled to a monthly payment equalto one-half this amount, provided that the monthly payment shall not beless than three hundred dollars, for each such dependent unmarried childunder eighteen years of age, or age twenty-four if the child is enrolled inschool on a full-time basis, who remains in the surviving spouse's care.Further, in addition to the monthly payment to the surviving spouse asprovided for in this subsection, each dependent unmarried child under theage of eighteen years of the deceased member not in the care of suchsurviving spouse shall be entitled to a monthly payment equal to one-halfof the surviving spouse's monthly payment which shall be paid to thechild's primary custodial parent or legal guardian; provided that thepayment because of an unmarried dependent child shall be made until thechild attains age twenty-four if the child is enrolled in school on afull-time basis; provided, however, that the total of all monthly paymentsto the surviving spouse, primary custodial parent or legal guardian,including payments for such dependent unmarried children, shall in no eventexceed two thousand one hundred sixty dollars, the amount of the children'sshare to be allocated equally as to each dependent unmarried child eligibleto receive payments pursuant to this subsection.
4. Upon an election pursuant to subsection 1 of this section if thedesignated beneficiary is a dependent unmarried child as defined in thissection or automatically upon the death of a surviving spouse receivingbenefits pursuant to subsection 3 of this section, each surviving dependentunmarried child, including a stepchild or adopted child, of the deceasedmember, under eighteen years of age, or such a child under age twenty-fourif the child is enrolled in school on a full-time basis, shall be entitledto a monthly payment equal to sixteen and two-thirds percent of one-twelfthof the annual salary rate on which the member contributed for the member'slast full year of creditable service as a teacher in a district included inthe retirement system until death, marriage, adoption, or attainment of ageeighteen or age twenty-four if enrolled in school on a full-time basis,whichever first occurs; provided that the monthly payment shall not be lessthan five hundred dollars or more than seven hundred twenty dollars, andprovided further that any child of the deceased member who is disabledbefore attainment of age eighteen because of a physical or mentalimpairment which renders the child unable to engage in any substantialgainful activity and which disability continues after the child hasattained age eighteen shall be entitled to a like monthly payment, untildeath, marriage, adoption, or recovery from the disability, whichever firstoccurs; provided, however, that the total of all monthly payments to thesurviving dependent unmarried children shall in no event exceed twothousand one hundred sixty dollars.
5. In lieu of receiving any benefit or lump sum from the retirementsystem, the designated beneficiary may elect under subsection 1 of thissection to direct that each surviving dependent unmarried child, includinga stepchild or adopted child, of the deceased member, under eighteen yearsof age, or such a child under age twenty-four if the child is enrolled inschool on a full-time basis, shall be entitled to a monthly payment equalto sixteen and two-thirds percent of one-twelfth of the annual salary rateon which the member contributed for the member's last full year ofcreditable service as a teacher in a district included in the retirementsystem until death, marriage, adoption, or attainment of age eighteen orage twenty-four if enrolled in school on a full-time basis, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred dollars or more than seven hundred twenty dollars, and providedfurther that any child of the deceased member who is disabled beforeattainment of age eighteen because of a physical or mental impairment whichrenders the child unable to engage in any substantial gainful activity andwhich disability continues after the child has attained age eighteen shallbe entitled to a like monthly payment, until death, marriage, adoption, orrecovery from the disability, whichever first occurs; provided, however,that the total of all monthly payments to the surviving dependent unmarriedchildren shall in no event exceed two thousand one hundred sixty dollars.
6. Upon an election pursuant to subsection 1 of this section, asurviving dependent parent of the deceased member, over sixty-five years ofage or upon attainment of age sixty-five if designated as the solebeneficiary, provided such dependent parent was receiving at least one-halfof the parent's support from such member at the time of the member's deathand provided the parent files proof of such support within two years ofsuch death, shall be entitled to a monthly payment equal to sixteen andtwo-thirds percent of one-twelfth of the annual salary rate on which themember contributed for the member's last full year as a teacher in adistrict included in the retirement system until death; provided that themonthly payment shall not be less than five hundred dollars or more thanseven hundred twenty dollars. If the other parent also is a dependent, asdefined in this section, the same amount shall be paid to each until death.
7. All else in this section to the contrary notwithstanding, asurvivor may not be eligible to benefit pursuant to this section because ofmore than one terminated membership, and be it further provided that theboard of trustees shall determine and decide all questions of doubt as towhat constitutes dependency within the meaning of this section.
8. The provisions added to subsection 3 of this section in 1991 areintended to clarify the scope and meaning of this section as originallyenacted and shall be applied in all cases in which such an election hasoccurred or will occur.
9. After July 1, 2000, all benefits payable pursuant to subsections 1to 8 of this section shall be payable to eligible current and futuresurvivor beneficiaries in accordance with this section.
10. The system shall pay a monthly retirement allowance for the monthin which a retired member, beneficiary or survivor receiving a retirementallowance or survivor benefit dies.
11. If the total of all payments made under this section is less thanthe total of the member's accumulated contributions, the difference shallbe paid to the person making the election under subsection 1 of thissection. If such person does not survive until all payments are made underthis section, such difference shall be paid in accordance with section169.076.
(1973) Held that where surviving spouse was ineligible to elect monthly benefits and renounced right to receive accumulated contributions, surviving children became eligible to so elect. Williams v. Board of Trustees of Public School Retirement System (A.), 500 S.W.2d 31.
Survivors' benefits, options--purchase of prior service credits forprevious service in another Missouri public school retirementsystem, cost--monthly retirement allowance--special consultantqualification, compensation, duties--death prior to receipt oftotal accumulated benefits, effect of.
169.075. 1. Certain survivors specified in this section and meetingthe requirements of this section may elect to forfeit any payments payablepursuant to subsection 3 or 6 of section 169.070 and to receive certainother benefits described in this section upon the death of a member priorto retirement, except retirement with disability benefits, whose period ofcreditable service in districts included in the retirement system is (1)five years or more, or (2) two years but less than five years and who dies(a) while teaching in a district included in the retirement system, or (b)as a result of an injury or sickness incurred while teaching in such adistrict and within one year of the commencement of such injury orsickness, or (c) while eligible for a disability retirement allowancehereunder.
2. Upon an election pursuant to subsection 1 of this section, asurviving spouse sixty years of age, or upon attainment of age sixty, or asurviving spouse who has been totally and permanently disabled for not lessthan five years immediately preceding the death of a member if designatedas the sole beneficiary, and if married to the member at least three years,and if living with such member at the time of the member's death, shall beentitled to a monthly payment equal to twenty percent of one-twelfth of theannual salary rate on which the member contributed for the member's lastfull year of creditable service as a teacher in a district included in theretirement system until death or recovery prior to age sixty from thedisability which qualified the spouse for the benefit, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred seventy-five dollars or more than eight hundred sixty dollars. Asurviving spouse, who is eligible for benefits pursuant to this subsectionand also pursuant to subsection 3 of this section may receive benefits onlypursuant to subsection 3 of this section as long as the surviving spouseremains eligible pursuant to both subsections, but shall not bedisqualified for the benefit provided in this subsection because thesurviving spouse may have received payments pursuant to subsection 3 ofthis section. Beginning August 28, 2001, a surviving spouse who otherwisemeets the requirements of this subsection but who remarried prior to August28, 1995, shall be entitled, upon an election pursuant to subsection 1 ofthis section, to any remaining benefits that would otherwise have beenreceived had the surviving spouse not remarried before the change in lawpermitting remarried surviving spouses to continue receiving benefits.Such surviving spouses may, upon application, become special consultantswhose benefit will be to receive the remaining benefits described in thissubsection. No benefit shall be paid to such surviving spouse unless he orshe files a valid application for such benefit with the retirement systempostmarked on or before June 30, 2002. In no event shall any retroactivebenefits be paid.
3. Upon an election pursuant to subsection 1 of this section, asurviving spouse, if designated as the sole beneficiary, who has in thesurviving spouse's care a dependent unmarried child, including a stepchildor adopted child, of the deceased member, under eighteen years of age,shall be entitled to a monthly payment equal to twenty percent ofone-twelfth of the annual salary rate on which the member contributed forthe member's last full year of creditable service as a teacher in adistrict included in the retirement system until the surviving spouse'sdeath, or the first date when no such dependent unmarried child under ageeighteen, or age twenty-four if the child is enrolled in school on afull-time basis, remains in the surviving spouse's care, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred seventy-five dollars or more than eight hundred sixty dollars. Inaddition the surviving spouse shall be entitled to a monthly payment equalto one-half this amount, provided that the monthly payment shall not beless than three hundred dollars, for each such dependent unmarried childunder eighteen years of age, or age twenty-four if the child is enrolled inschool on a full-time basis, who remains in the surviving spouse's care.Further, in addition to the monthly payment to the surviving spouse asprovided for in this subsection, each dependent unmarried child under theage of eighteen years of the deceased member not in the care of suchsurviving spouse shall be entitled to a monthly payment equal to one-halfof the surviving spouse's monthly payment which shall be paid to thechild's primary custodial parent or legal guardian; provided that thepayment because of an unmarried dependent child shall be made until thechild attains age twenty-four if the child is enrolled in school on afull-time basis; provided, however, that the total of all monthly paymentsto the surviving spouse, primary custodial parent or legal guardian,including payments for such dependent unmarried children, shall in no eventexceed two thousand one hundred sixty dollars, the amount of the children'sshare to be allocated equally as to each dependent unmarried child eligibleto receive payments pursuant to this subsection.
4. Upon an election pursuant to subsection 1 of this section if thedesignated beneficiary is a dependent unmarried child as defined in thissection or automatically upon the death of a surviving spouse receivingbenefits pursuant to subsection 3 of this section, each surviving dependentunmarried child, including a stepchild or adopted child, of the deceasedmember, under eighteen years of age, or such a child under age twenty-fourif the child is enrolled in school on a full-time basis, shall be entitledto a monthly payment equal to sixteen and two-thirds percent of one-twelfthof the annual salary rate on which the member contributed for the member'slast full year of creditable service as a teacher in a district included inthe retirement system until death, marriage, adoption, or attainment of ageeighteen or age twenty-four if enrolled in school on a full-time basis,whichever first occurs; provided that the monthly payment shall not be lessthan five hundred dollars or more than seven hundred twenty dollars, andprovided further that any child of the deceased member who is disabledbefore attainment of age eighteen because of a physical or mentalimpairment which renders the child unable to engage in any substantialgainful activity and which disability continues after the child hasattained age eighteen shall be entitled to a like monthly payment, untildeath, marriage, adoption, or recovery from the disability, whichever firstoccurs; provided, however, that the total of all monthly payments to thesurviving dependent unmarried children shall in no event exceed twothousand one hundred sixty dollars.
5. In lieu of receiving any benefit or lump sum from the retirementsystem, the designated beneficiary may elect under subsection 1 of thissection to direct that each surviving dependent unmarried child, includinga stepchild or adopted child, of the deceased member, under eighteen yearsof age, or such a child under age twenty-four if the child is enrolled inschool on a full-time basis, shall be entitled to a monthly payment equalto sixteen and two-thirds percent of one-twelfth of the annual salary rateon which the member contributed for the member's last full year ofcreditable service as a teacher in a district included in the retirementsystem until death, marriage, adoption, or attainment of age eighteen orage twenty-four if enrolled in school on a full-time basis, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred dollars or more than seven hundred twenty dollars, and providedfurther that any child of the deceased member who is disabled beforeattainment of age eighteen because of a physical or mental impairment whichrenders the child unable to engage in any substantial gainful activity andwhich disability continues after the child has attained age eighteen shallbe entitled to a like monthly payment, until death, marriage, adoption, orrecovery from the disability, whichever first occurs; provided, however,that the total of all monthly payments to the surviving dependent unmarriedchildren shall in no event exceed two thousand one hundred sixty dollars.
6. Upon an election pursuant to subsection 1 of this section, asurviving dependent parent of the deceased member, over sixty-five years ofage or upon attainment of age sixty-five if designated as the solebeneficiary, provided such dependent parent was receiving at least one-halfof the parent's support from such member at the time of the member's deathand provided the parent files proof of such support within two years ofsuch death, shall be entitled to a monthly payment equal to sixteen andtwo-thirds percent of one-twelfth of the annual salary rate on which themember contributed for the member's last full year as a teacher in adistrict included in the retirement system until death; provided that themonthly payment shall not be less than five hundred dollars or more thanseven hundred twenty dollars. If the other parent also is a dependent, asdefined in this section, the same amount shall be paid to each until death.
7. All else in this section to the contrary notwithstanding, asurvivor may not be eligible to benefit pursuant to this section because ofmore than one terminated membership, and be it further provided that theboard of trustees shall determine and decide all questions of doubt as towhat constitutes dependency within the meaning of this section.
8. The provisions added to subsection 3 of this section in 1991 areintended to clarify the scope and meaning of this section as originallyenacted and shall be applied in all cases in which such an election hasoccurred or will occur.
9. After July 1, 2000, all benefits payable pursuant to subsections 1to 8 of this section shall be payable to eligible current and futuresurvivor beneficiaries in accordance with this section.
10. The system shall pay a monthly retirement allowance for the monthin which a retired member, beneficiary or survivor receiving a retirementallowance or survivor benefit dies.
11. If the total of all payments made under this section is less thanthe total of the member's accumulated contributions, the difference shallbe paid to the person making the election under subsection 1 of thissection. If such person does not survive until all payments are made underthis section, such difference shall be paid in accordance with section169.076.
(1973) Held that where surviving spouse was ineligible to elect monthly benefits and renounced right to receive accumulated contributions, surviving children became eligible to so elect. Williams v. Board of Trustees of Public School Retirement System (A.), 500 S.W.2d 31.
Survivors' benefits, options--purchase of prior service credits forprevious service in another Missouri public school retirementsystem, cost--monthly retirement allowance--special consultantqualification, compensation, duties--death prior to receipt oftotal accumulated benefits, effect of.
169.075. 1. Certain survivors specified in this section and meetingthe requirements of this section may elect to forfeit any payments payablepursuant to subsection 3 or 6 of section 169.070 and to receive certainother benefits described in this section upon the death of a member priorto retirement, except retirement with disability benefits, whose period ofcreditable service in districts included in the retirement system is (1)five years or more, or (2) two years but less than five years and who dies(a) while teaching in a district included in the retirement system, or (b)as a result of an injury or sickness incurred while teaching in such adistrict and within one year of the commencement of such injury orsickness, or (c) while eligible for a disability retirement allowancehereunder.
2. Upon an election pursuant to subsection 1 of this section, asurviving spouse sixty years of age, or upon attainment of age sixty, or asurviving spouse who has been totally and permanently disabled for not lessthan five years immediately preceding the death of a member if designatedas the sole beneficiary, and if married to the member at least three years,and if living with such member at the time of the member's death, shall beentitled to a monthly payment equal to twenty percent of one-twelfth of theannual salary rate on which the member contributed for the member's lastfull year of creditable service as a teacher in a district included in theretirement system until death or recovery prior to age sixty from thedisability which qualified the spouse for the benefit, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred seventy-five dollars or more than eight hundred sixty dollars. Asurviving spouse, who is eligible for benefits pursuant to this subsectionand also pursuant to subsection 3 of this section may receive benefits onlypursuant to subsection 3 of this section as long as the surviving spouseremains eligible pursuant to both subsections, but shall not bedisqualified for the benefit provided in this subsection because thesurviving spouse may have received payments pursuant to subsection 3 ofthis section. Beginning August 28, 2001, a surviving spouse who otherwisemeets the requirements of this subsection but who remarried prior to August28, 1995, shall be entitled, upon an election pursuant to subsection 1 ofthis section, to any remaining benefits that would otherwise have beenreceived had the surviving spouse not remarried before the change in lawpermitting remarried surviving spouses to continue receiving benefits.Such surviving spouses may, upon application, become special consultantswhose benefit will be to receive the remaining benefits described in thissubsection. No benefit shall be paid to such surviving spouse unless he orshe files a valid application for such benefit with the retirement systempostmarked on or before June 30, 2002. In no event shall any retroactivebenefits be paid.
3. Upon an election pursuant to subsection 1 of this section, asurviving spouse, if designated as the sole beneficiary, who has in thesurviving spouse's care a dependent unmarried child, including a stepchildor adopted child, of the deceased member, under eighteen years of age,shall be entitled to a monthly payment equal to twenty percent ofone-twelfth of the annual salary rate on which the member contributed forthe member's last full year of creditable service as a teacher in adistrict included in the retirement system until the surviving spouse'sdeath, or the first date when no such dependent unmarried child under ageeighteen, or age twenty-four if the child is enrolled in school on afull-time basis, remains in the surviving spouse's care, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred seventy-five dollars or more than eight hundred sixty dollars. Inaddition the surviving spouse shall be entitled to a monthly payment equalto one-half this amount, provided that the monthly payment shall not beless than three hundred dollars, for each such dependent unmarried childunder eighteen years of age, or age twenty-four if the child is enrolled inschool on a full-time basis, who remains in the surviving spouse's care.Further, in addition to the monthly payment to the surviving spouse asprovided for in this subsection, each dependent unmarried child under theage of eighteen years of the deceased member not in the care of suchsurviving spouse shall be entitled to a monthly payment equal to one-halfof the surviving spouse's monthly payment which shall be paid to thechild's primary custodial parent or legal guardian; provided that thepayment because of an unmarried dependent child shall be made until thechild attains age twenty-four if the child is enrolled in school on afull-time basis; provided, however, that the total of all monthly paymentsto the surviving spouse, primary custodial parent or legal guardian,including payments for such dependent unmarried children, shall in no eventexceed two thousand one hundred sixty dollars, the amount of the children'sshare to be allocated equally as to each dependent unmarried child eligibleto receive payments pursuant to this subsection.
4. Upon an election pursuant to subsection 1 of this section if thedesignated beneficiary is a dependent unmarried child as defined in thissection or automatically upon the death of a surviving spouse receivingbenefits pursuant to subsection 3 of this section, each surviving dependentunmarried child, including a stepchild or adopted child, of the deceasedmember, under eighteen years of age, or such a child under age twenty-fourif the child is enrolled in school on a full-time basis, shall be entitledto a monthly payment equal to sixteen and two-thirds percent of one-twelfthof the annual salary rate on which the member contributed for the member'slast full year of creditable service as a teacher in a district included inthe retirement system until death, marriage, adoption, or attainment of ageeighteen or age twenty-four if enrolled in school on a full-time basis,whichever first occurs; provided that the monthly payment shall not be lessthan five hundred dollars or more than seven hundred twenty dollars, andprovided further that any child of the deceased member who is disabledbefore attainment of age eighteen because of a physical or mentalimpairment which renders the child unable to engage in any substantialgainful activity and which disability continues after the child hasattained age eighteen shall be entitled to a like monthly payment, untildeath, marriage, adoption, or recovery from the disability, whichever firstoccurs; provided, however, that the total of all monthly payments to thesurviving dependent unmarried children shall in no event exceed twothousand one hundred sixty dollars.
5. In lieu of receiving any benefit or lump sum from the retirementsystem, the designated beneficiary may elect under subsection 1 of thissection to direct that each surviving dependent unmarried child, includinga stepchild or adopted child, of the deceased member, under eighteen yearsof age, or such a child under age twenty-four if the child is enrolled inschool on a full-time basis, shall be entitled to a monthly payment equalto sixteen and two-thirds percent of one-twelfth of the annual salary rateon which the member contributed for the member's last full year ofcreditable service as a teacher in a district included in the retirementsystem until death, marriage, adoption, or attainment of age eighteen orage twenty-four if enrolled in school on a full-time basis, whichever firstoccurs; provided that the monthly payment shall not be less than fivehundred dollars or more than seven hundred twenty dollars, and providedfurther that any child of the deceased member who is disabled beforeattainment of age eighteen because of a physical or mental impairment whichrenders the child unable to engage in any substantial gainful activity andwhich disability continues after the child has attained age eighteen shallbe entitled to a like monthly payment, until death, marriage, adoption, orrecovery from the disability, whichever first occurs; provided, however,that the total of all monthly payments to the surviving dependent unmarriedchildren shall in no event exceed two thousand one hundred sixty dollars.
6. Upon an election pursuant to subsection 1 of this section, asurviving dependent parent of the deceased member, over sixty-five years ofage or upon attainment of age sixty-five if designated as the solebeneficiary, provided such dependent parent was receiving at least one-halfof the parent's support from such member at the time of the member's deathand provided the parent files proof of such support within two years ofsuch death, shall be entitled to a monthly payment equal to sixteen andtwo-thirds percent of one-twelfth of the annual salary rate on which themember contributed for the member's last full year as a teacher in adistrict included in the retirement system until death; provided that themonthly payment shall not be less than five hundred dollars or more thanseven hundred twenty dollars. If the other parent also is a dependent, asdefined in this section, the same amount shall be paid to each until death.
7. All else in this section to the contrary notwithstanding, asurvivor may not be eligible to benefit pursuant to this section because ofmore than one terminated membership, and be it further provided that theboard of trustees shall determine and decide all questions of doubt as towhat constitutes dependency within the meaning of this section.
8. The provisions added to subsection 3 of this section in 1991 areintended to clarify the scope and meaning of this section as originallyenacted and shall be applied in all cases in which such an election hasoccurred or will occur.
9. After July 1, 2000, all benefits payable pursuant to subsections 1to 8 of this section shall be payable to eligible current and futuresurvivor beneficiaries in accordance with this section.
10. The system shall pay a monthly retirement allowance for the monthin which a retired member, beneficiary or survivor receiving a retirementallowance or survivor benefit dies.
11. If the total of all payments made under this section is less thanthe total of the member's accumulated contributions, the difference shallbe paid to the person making the election under subsection 1 of thissection. If such person does not survive until all payments are made underthis section, such difference shall be paid in accordance with section169.076.
(1973) Held that where surviving spouse was ineligible to elect monthly benefits and renounced right to receive accumulated contributions, surviving children became eligible to so elect. Williams v. Board of Trustees of Public School Retirement System (A.), 500 S.W.2d 31.
