To repeal sections 50.1130 and 50.1180, RSMo 1994, relating to death benefits for county retirement system members, and to enact in lieu thereof two new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 50.1130 and 50.1180, RSMo 1994, are repealed and two new sections enacted in lieu thereof to be known as section 50.1130, to read as follows:

     50.1130. 1. A death benefit of ten thousand dollars shall be paid to the designated beneficiary of every active member upon his death or [to his estate if there is no designated beneficiary] if the member fails to designate a beneficiary, then to the member's surviving spouse or if there is no spouse then in equal shares to the member's surviving children. If there is neither a surviving spouse nor surviving children, then the benefit shall be paid to the active member's estate.

     2. If the member executes a beneficiary designation form and lists more than one beneficiary but fails to list the percentage of benefit that each beneficiary should receive, then the benefit will be divided equally among the named beneficiaries.

     50.1180. Sections 50.1000 to 50.1200 shall not apply to counties of the first classification with a charter form of government or to a city not within a county. No employee in a county which accrues benefits under sections 50.1000 to 50.1200 shall lose any of those benefits accrued because the county where the employee serves or served subsequently adopts a charter or constitutional form of government and the county shall continue to assess and collect all fees and penalties provided under law to fund the county employees' retirement fund.