Death of member before or after retirement
This law covers what happens to retirement money when a workers' compensation judge or legal advisor dies. If they die while still working, their beneficiary gets 50% of what the retirement payment would have been. If they already retired and then die, their beneficiary gets 50% of what they were receiving. If a surviving spouse who was getting those benefits also dies, the money passes to the next eligible beneficiary.
287.825. Death of member before or after retirement — benefits of beneficiaries. — 1. On and after August 13, 1984, in the event that a person who is serving as an or of the dies, retirement benefits shall be paid in monthly to his in the amount equal to fifty percent of the amount of the retirement benefits provided in section 287.820 regardless of the period of his ; except that where the period of service could not have been twelve years or more because of a voluntary or , the retirement benefits provided by this shall be reduced by the proportion that the number of years that he would have lacked serving twelve years had he been able to serve until voluntary or mandatory retirement bears to twelve years. The benefits to the beneficiary provided herein shall commence immediately upon the death of the administrative law judge or legal advisor.
2. In the event a person who has retired under the of sections 287.812 to 287.855 dies, benefits, in the amount equal to fifty percent of the amount of the retirement benefits paid to the person under the provisions of sections 287.820 to 287.830 shall be paid in monthly installments to his beneficiary.
3. In the event that a person dies who has in this state for an of twelve years, continuously or otherwise, as an administrative law judge or legal advisor, or both of the divisions and who, after August 13, 1984, ceased or ceases to hold office by reason of the expiration of his term, voluntary resignation or removal by the governor for , but who has not retired under the provisions of sections 287.812 to 287.855, retirement shall be paid in monthly installments to his beneficiary in the amount equal to fifty percent of the amount of retirement compensation provided in section 287.820. The benefits to the beneficiary provided herein shall commence immediately upon the death of the former administrative law judge or legal advisor.
4. In the event that any receiving benefits under the provisions of sections 287.812 to 287.855 dies leaving a surviving beneficiary as defined in section 287.812, the benefits received by such surviving spouse shall be paid to such surviving beneficiary during the of the period of his eligibility. If such surviving spouse leaves more than one surviving beneficiary, then each beneficiary during the remainder of the period of his eligibility shall receive a share of the amount paid to the surviving spouse under the provisions of sections 287.812 to 287.855.
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Source & history notes
(L. 1984 H.B. 1106, A.L. 1987 H.B. 564) Effective 8-31-87
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