Missouri 2023 Regular Session

Missouri Senate Bill SB75 Compare Versions

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Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	[TRULY AGREED TO AND FINALLY PASSED ]
6	6	HOUSE COMMITTEE SUBSTITUTE FOR
7	7	SENATE SUBSTITUTE FOR
8	8	SENATE BILL NO. 75
9	9	102ND GENERAL ASSEMBLY
10	10	2023
11	11	0673H.07T
12	12	AN ACT
13	13	To repeal sections 57.952, 57.961, 57.967, 57.991, 86.253, 86.254, 86.280, 86.283, 86.287,
14	14	104.010, 104.020, 104.035, 104.090, 104.130, 104.160, 104.170, 104.200, 104.312,
15	15	104.380, 104.410, 104.436, 104.490, 104.515, 104.625, 104.810, 104.1003, 104.1018,
16	16	104.1024, 104.1039, 104.1051, 104.1060, 104.1066, 104.1072, 104.1084, 104.1091,
17	17	169.070, 169.141, 169.331, 169.560, 169.596, 169.715, 173.1205, and 476.521, RSMo,
18	18	and to enact in lieu thereof fifty-five new sections relating to retirement systems.
19	19
20	20	Be it enacted by the General Assembly of the State of Missouri, as follows:
21	21	Section A. Sections 57.952, 57.961, 57.967, 57.991, 1
22	22	86.253, 86.254, 86.280, 86.283, 86.287, 104.010, 104.020, 2
23	23	104.035, 104.090, 104.130, 104.160, 104.170, 104.200, 104.312, 3
24	24	104.380, 104.410, 104.436, 104.490, 104.515, 104.625, 104.810, 4
25	25	104.1003, 104.1018, 104.1024, 104.1039, 104.1051, 104.1060, 5
26	26	104.1066, 104.1072, 104.1084, 104.1091, 169.070, 169.141, 6
27	27	169.331, 169.560, 169.596, 169.715, 173.1205, and 476.521, 7
28	28	RSMo, are repealed and fifty -five new sections enacted in lieu 8
29	29	thereof, to be known as sectio ns 57.952, 57.961, 57.967, 57.991, 9
30	30	86.253, 86.254, 86.280, 86.283, 86.287, 104.010, 104.020, 10
31	31	104.035, 104.090, 104.160, 104.170, 104.200, 104.312, 104.380, 11
32	32	104.410, 104.436, 104.490, 104.515, 104.625, 104.810, 104.1003, 12
33	33	104.1018, 104.1024, 104.1039, 104.10 51, 104.1060, 104.1066, 13
34	34	104.1072, 104.1084, 104.1091, 168.082, 169.070, 169.141, 14 HCS SS SB 75 2
35	35	169.331, 169.560, 169.596, 169.715, 173.1205, 285.1000, 15
36	36	285.1005, 285.1010, 285.1015, 285.1020, 285.1025, 285.1030, 16
37	37	285.1035, 285.1040, 285.1045, 285.1050, 285.1055, and 476.5 21, 17
38	38	to read as follows:18
39	39	57.952. 1. There is hereby authorized a "Sheriffs' 1
40	40	Retirement Fund" which shall be under the management of a 2
41	41	board of directors described in section 57.958. The board 3
42	42	of directors shall be responsible for the administrat ion and 4
43	43	the investment of the funds of such sheriffs' retirement 5
44	44	fund. [Neither] The general assembly [nor] and the 6
45	45	governing body of a county [shall] may appropriate funds for 7
46	46	deposit in the sheriffs' retirement fund. If insufficient 8
47	47	funds are generated to provide the benefits payable pursuant 9
48	48	to the provisions of sections 57.949 to 57.997, the board 10
49	49	shall proportion the benefits according to the funds 11
50	50	available. 12
51	51	2. The board may accept gifts, donations, grants, and 13
52	52	bequests from public or private sources to the sheriffs' 14
53	53	retirement fund. 15
54	54	3. Each county shall make the payroll deductions for 16
55	55	member contributions mandated under section 57.961, and the 17
56	56	county shall transmit such moneys to the board for deposit 18
57	57	into the sheriffs' reti rement fund. 19
58	58	57.961. 1. On and after the effective date of the 1
59	59	establishment of the system, as an incident to his or her 2
60	60	employment or continued employment, each person employed as 3
61	61	an elected or appointed sheriff of a county shall b ecome a 4
62	62	member of the system. Such membership shall continue as 5
63	63	long as the person continues to be an employee, or receives 6
64	64	or is eligible to receive benefits under the provisions of 7
65	65	sections 57.949 to 57.997. 8 HCS SS SB 75 3
66	66	2. Notwithstanding any other prov ision of law to the 9
67	67	contrary, each person who is a member of the system on or 10
68	68	after January 1, 2024, shall be required to contribute five 11
69	69	percent of the member's pay to the retirement system. Such 12
70	70	contribution shall be made notwithstanding that the mi nimum 13
71	71	salary or wages provided by law for any member shall thereby 14
72	72	be changed. Each member shall be deemed to consent and 15
73	73	agree to the deduction made and provided for herein. 16
74	74	Payment of a member's compensation less such deduction shall 17
75	75	be a full and complete discharge and acquittance of all 18
76	76	claims and demands whatsoever for services rendered by him 19
77	77	or her to a county, except as to benefits provided by this 20
78	78	system. 21
79	79	3. The officer or officers responsible for making up 22
80	80	the payrolls for each co unty shall cause the contribution 23
81	81	provided for in this section to be deducted from the 24
82	82	compensation of the member in the employ of the county, on 25
83	83	each and every payroll, for each and every payroll to the 26
84	84	date his or her membership terminates. When deducted, each 27
85	85	contribution shall be paid by the county to the system; the 28
86	86	payments shall be made in the manner and shall be 29
87	87	accompanied by such supporting data as the board shall from 30
88	88	time to time prescribe. When paid to the system, each of 31
89	89	the contributions shall be credited to the member from whose 32
90	90	compensation the contributions were deducted. The 33
91	91	contributions so deducted shall be treated as employee 34
92	92	contributions for purposes of determining the member's pay 35
93	93	that is includable in the member's gr oss income for federal 36
94	94	income tax purposes. 37
95	95	4. Member contributions deducted and paid into the 38
96	96	system by the county shall be paid from the same source of 39
97	97	funds used for the payment of pay to a member. A deduction 40 HCS SS SB 75 4
98	98	shall be made from each member's pay equal to the amount of 41
99	99	the member's contributions picked up by the employer. This 42
100	100	deduction, however, shall not reduce the member's pay for 43
101	101	purposes of computing benefits under the retirement system 44
102	102	under this chapter. 45
103	103	5. The contributions, although designated as employee 46
104	104	contributions, shall be paid by the county in lieu of the 47
105	105	contributions by the member. The member shall not have the 48
106	106	option of choosing to receive the contributed amounts 49
107	107	directly instead of having them paid by the cou nty to the 50
108	108	retirement system. 51
109	109	6. A former member who is not vested may request a 52
110	110	refund of his or her contributions. Such refund shall be 53
111	111	paid by the system after ninety days from the date of 54
112	112	termination of employment or the request, whichever i s 55
113	113	later, and shall include all contributions made to any 56
114	114	retirement plan administered by the system. 57
115	115	[2.] 7. Beginning September 1, 1986, any city not 58
116	116	within a county and any county having a charter form of 59
117	117	government may elect, by a majority vot e of its governing 60
118	118	body, to come under the provisions of sections 57.949 to 61
119	119	57.997 except for the provisions of section 57.955. Notice 62
120	120	in writing of such election shall be given to the board, and 63
121	121	the person employed as sheriff of such county, as an 64
122	122	incident of his contract of employment or continued 65
123	123	employment, shall become a member of the system on the first 66
124	124	day of the month immediately following the date the board 67
125	125	receives notice. Such membership shall continue as long as 68
126	126	the person continues t o be an employee, or receives or is 69
127	127	eligible to receive benefits under the provisions of 70
128	128	sections 57.949 to 57.997, and upon becoming a member he 71 HCS SS SB 75 5
129	129	shall receive credit for all prior service as if he had 72
130	130	become a member on December 22, 1983. 73
131	131	8. Subject to the limitations under sections 57.949 to 74
132	132	57.997, the board shall have the authority to formulate and 75
133	133	adopt rules and regulations for the administration of these 76
134	134	provisions. 77
135	135	57.967. 1. The normal annuity of a retired member 1
136	136	shall equal two percent of the final average compensation of 2
137	137	the retired member multiplied by the number of years of 3
138	138	creditable service of the retired member, except that the 4
139	139	normal annuity shall not exceed seventy -five percent of the 5
140	140	retired member's average final compensation. Such annuity 6
141	141	shall be not less than one thousand dollars per month. 7
142	142	2. The board, at its last meeting of each calendar 8
143	143	year, shall determine the monthly amount for medical 9
144	144	insurance premiums to be paid to each retired member during 10
145	145	the next following calendar year. The monthly amount shall 11
146	146	not exceed four hundred fifty dollars. The monthly payments 12
147	147	are at the discretion of the board on the advice of the 13
148	148	actuary. The anticipated sum of all such payments during 14
149	149	the year plus the annual normal cost plus the annual amount 15
150	150	to amortize the unfunded actuarial accrued liability in no 16
151	151	more than thirty years shall not exceed the anticipated 17
152	152	moneys credited to the system pursuant to [section] sections 18
153	153	57.952 and 57.955. The money amount granted here shall not 19
154	154	be continued to any survivor. 20
155	155	3. If a member with eight or more years of service 21
156	156	dies before becoming eligible for retirement, the member's 22
157	157	surviving spouse, if he or she has been married to the 23
158	158	member for at least two years prior to the member's death, 24
159	159	shall be entitled to survivor benefits under option 1 as set 25
160	160	forth in section 57.979 as if the member had retired on the 26 HCS SS SB 75 6
161	161	date of the member's death. The member's monthly benefit 27
162	162	shall be calculated as the member's accrued benefit at his 28
163	163	or her death reduced by one -fourth of one percent per month 29
164	164	for an early commencement from the member's normal 30
165	165	retirement date: age fifty-five with twelve or more years 31
166	166	of creditable service or age sixty -two with eight years of 32
167	167	creditable service, to the member's date of death. Such 33
168	168	benefit shall be payable on the first day of the month 34
169	169	following the member's death and shall be payable during the 35
170	170	surviving spouse's lifetime. 36
171	171	57.991. 1. For members of the system prior to 1
172	172	December 31, 2023, the benefits provided for by sections 2
173	173	57.949 to 57.997 shall in no way affect any person's 3
174	174	eligibility for retirement benefits under the local 4
175	175	government employees' retirement system, sections 70.600 to 5
176	176	70.755, or any other local government retirement or pension 6
177	177	system, or in any way have the effect of reducing retirement 7
178	178	benefits in such systems, or reducing compensation or 8
179	179	mileage reimbursement of employees, anything to the contrary 9
180	180	notwithstanding. 10
181	181	2. Any new members employed under this section, on or 11
182	182	after January 1, 2024, shall be subject to the following 12
183	183	provisions: 13
184	184	(1) A member of another state or local retirement or 14
185	185	pension system who begins employment in a position covered 15
186	186	by the sheriffs' retirement system shall become a member of 16
187	187	the sheriffs' retirement system upon employment. Any 17
188	188	membership in any other state or local retirement or pension 18
189	189	system shall cease, except that the member shall be entitled 19
190	190	to benefits accrued through December 31, 2023, or the 20
191	191	commencement of membership in the sheriffs' retirement 21
192	192	system, whichever is later; and 22 HCS SS SB 75 7
193	193	(2) Subject to the limitations under sections 57.949 23
194	194	to 57.997, the board shall have the authority to formulate 24
195	195	and adopt rules and regulations for the administration of 25
196	196	these provisions. 26
197	197	86.253. 1. Upon termination of employment as a police 1
198	198	officer and actual retirement for service, a member shall 2
199	199	receive a service retirement allowance which shall be an 3
200	200	amount equal to two percent of the member's average final 4
201	201	compensation multiplied by the number of years of the 5
202	202	member's creditable service, up to twenty -five years, plus 6
203	203	an amount equal to four percent of the member's average 7
204	204	final compensation for each year of creditable service in 8
205	205	excess of twenty-five years but not in excess of thirty 9
206	206	years; plus an additional five percent of the member's 10
207	207	average final compensation for any creditable service in 11
208	208	excess of thirty years. Notwithstanding the fore going, the 12
209	209	service retirement allowance of a member who does not earn 13
210	210	any creditable service after August 11, 1999, shall not 14
211	211	exceed an amount equal to seventy percent of the member's 15
212	212	average final compensation, and the service retirement 16
213	213	allowance of a member who earns creditable service on or 17
214	214	after August 12, 1999, shall not exceed an amount equal to 18
215	215	seventy-five percent of the member's average final 19
216	216	compensation; provided, however, that the service retirement 20
217	217	allowance of a member who is partici pating in the DROP 21
218	218	pursuant to section 86.251 on August 12, 1999, who returns 22
219	219	to active participation in the system pursuant to section 23
220	220	86.251, and who terminates employment as a police officer 24
221	221	and actually retires for reasons other than death or 25
222	222	disability before earning at least two years of creditable 26
223	223	service after such return shall be the sum of (1) the 27
224	224	member's service retirement allowance as of the date the 28 HCS SS SB 75 8
225	225	member entered DROP and (2) an additional service retirement 29
226	226	allowance based solely on the creditable service earned by 30
227	227	the member following the member's return to active 31
228	228	participation. The member's total years of creditable 32
229	229	service shall be taken into account for the purpose of 33
230	230	determining whether the additional allowance attributable to 34
231	231	such additional creditable service is two percent, four 35
232	232	percent or five percent of the member's average final 36
233	233	compensation. 37
234	234	2. If, at any time since first becoming a member of 38
235	235	the retirement system, the member has served in the Armed 39
236	236	Forces of the United States, and has subsequently been 40
237	237	reinstated as a policeman within ninety days after the 41
238	238	member's discharge, the member shall be granted credit for 42
239	239	such service as if the member's service in the police 43
240	240	department of such city had not been interrupted by the 44
241	241	member's induction into the Armed Forces of the United 45
242	242	States. If earnable compensation is needed for such period 46
243	243	in computation of benefits it shall be calculated on the 47
244	244	basis of the compensation payable to the officers of the 48
245	245	member's rank during the period of the member's absence. 49
246	246	Notwithstanding any provision of sections 86.200 to 86.366 50
247	247	to the contrary, the retirement system governed by sections 51
248	248	86.200 to 86.366 shall be operated and administered in 52
249	249	accordance with the ap plicable provisions of the Uniformed 53
250	250	Services Employment and Reemployment Rights Act of 1994, as 54
251	251	amended. 55
252	252	3. The service retirement allowance of each present 56
253	253	and future retired member who terminated employment as a 57
254	254	police officer and actually ret ired from service after 58
255	255	attaining age fifty-five or after completing twenty years of 59
256	256	creditable service shall be increased annually at a rate not 60 HCS SS SB 75 9
257	257	to exceed three percent as approved by the board of trustees 61
258	258	beginning with the first increase in the seco nd October 62
259	259	following the member's retirement and subsequent increases 63
260	260	in each October thereafter, provided that each increase is 64
261	261	subject to a determination by the board of trustees that the 65
262	262	consumer price index (United States City Average Index) as 66
263	263	published by the United States Department of Labor shows an 67
264	264	increase of not less than the approved rate during the 68
265	265	latest twelve-month period for which the index is available 69
266	266	at the date of determination; and provided further, that if 70
267	267	the increase is in excess of the approved rate for any year, 71
268	268	such excess shall be accumulated as to any retired member 72
269	269	and increases may be granted in subsequent years subject to 73
270	270	a maximum of three percent for each full year from October 74
271	271	following the member's retirement but not to exceed a total 75
272	272	percentage increase of thirty percent. In no event shall 76
273	273	the increase described under this subsection be applied to 77
274	274	the amount, if any, paid to a member or surviving spouse of 78
275	275	a deceased member for services as a special cons ultant under 79
276	276	subsection 5 of this section [or, if applicable, subsection 80
277	277	6 of this section]. If the board of trustees determines 81
278	278	that the index has decreased for any year, the benefits of 82
279	279	any retired member that have been increased shall be 83
280	280	decreased but not below the member's initial benefit. No 84
281	281	annual increase shall be made of less than one percent and 85
282	282	no decrease of less than three percent except that any 86
283	283	decrease may be limited in amount by the initial benefit. 87
284	284	4. In addition to any othe r retirement allowance 88
285	285	payable under this section and section 86.250, a member, 89
286	286	upon termination of employment as police officer and actual 90
287	287	service retirement, may request payment of the total amount 91
288	288	of the member's mandatory contributions to the retir ement 92 HCS SS SB 75 10
289	289	system without interest. Upon receipt of such request, the 93
290	290	board shall pay the retired member such total amount of the 94
291	291	member's mandatory contributions to the retirement system to 95
292	292	be paid pursuant to this subsection within sixty days after 96
293	293	such retired member's date of termination of employment as a 97
294	294	police officer and actual retirement. 98
295	295	5. Any person who is receiving retirement benefits 99
296	296	from the retirement system, upon application to the board of 100
297	297	trustees, shall be made, constituted, ap pointed and employed 101
298	298	by the board of trustees as a special consultant on the 102
299	299	problems of retirement, aging and other matters, for the 103
300	300	remainder of the person's life or, in the case of a deceased 104
301	301	member's surviving spouse, until [the earlier of] the 105
302	302	person's death [or remarriage], and upon request of the 106
303	303	board of trustees shall give opinions and be available to 107
304	304	give opinions in writing or orally, in response to such 108
305	305	requests, as may be required. For such services the special 109
306	306	consultant shall be com pensated monthly, in an amount which, 110
307	307	when added to any monthly retirement benefits being received 111
308	308	from the retirement system, including any cost -of-living 112
309	309	increases under subsection 3 of this section, shall total 113
310	310	six hundred fifty dollars a month. This employment shall in 114
311	311	no way affect any person's eligibility for retirement 115
312	312	benefits under this chapter, or in any way have the effect 116
313	313	of reducing retirement benefits, notwithstanding any 117
314	314	provisions of law to the contrary. 118
315	315	86.254. 1. Beginning July 1, 1994, in addition to any 1
316	316	other annuity, benefits, or retirement allowance provided 2
317	317	pursuant to sections 86.200 to 86.366, each present and 3
318	318	future retired member after attaining the age of sixty years 4
319	319	shall, upon application to the board of trustees, be made, 5
320	320	constituted, appointed and employed by the board of trustees 6 HCS SS SB 75 11
321	321	as an advisor on the problems of retirement, aging and other 7
322	322	matters, for the remainder of the retired member's life, and 8
323	323	upon request of the board of trustees sh all give opinions in 9
324	324	writing or orally in response to such requests as may be 10
325	325	required. 11
326	326	2. For the performance of duties required in 12
327	327	subsection 1 of this section, each retired member employed 13
328	328	as an advisor by the board of trustees shall be compen sated 14
329	329	monthly in an amount of ten dollars per month multiplied by 15
330	330	the number of years the retired member is past the age of 16
331	331	sixty years. The compensation provided by this subsection 17
332	332	shall be adjusted annually. No funding shall be required 18
333	333	prior to the effective date of this benefit. 19
334	334	3. Beginning October 1, 1999, in addition to any other 20
335	335	benefit provided to any surviving spouse pursuant to 21
336	336	sections 86.200 to 86.366, each present and future surviving 22
337	337	spouse of a member after attaining the age of sixty years 23
338	338	shall upon application to the board of trustees, be made, 24
339	339	constituted, appointed and employed by the board of trustees 25
340	340	as an advisor on the problems of retirement, aging and other 26
341	341	matters for the remainder of the surviving spouse's life [or 27
342	342	until the surviving spouse remarries, whichever is earlier ], 28
343	343	and upon request of the board of trustees shall give 29
344	344	opinions in writing or orally in response to such requests 30
345	345	as may be required. 31
346	346	4. For the performance of duties required in 32
347	347	subsection 3 of this section, each surviving spouse of a 33
348	348	member employed as an advisor by the board of trustees shall 34
349	349	be compensated monthly in an amount of ten dollars per month 35
350	350	multiplied by the number of years the surviving spouse is 36
351	351	past the age of sixty years. The compensation provided by 37
352	352	this subsection shall be adjusted annually. 38 HCS SS SB 75 12
353	353	86.280. Upon the receipt of proper proofs of the death 1
354	354	of a member in service and provided no other benefits are 2
355	355	payable under the retirement system , there shall be paid the 3
356	356	following benefits: 4
357	357	(1) Effective October 1, 1999, a pension to the 5
358	358	surviving spouse until the surviving spouse dies [or 6
359	359	remarries, whichever is earlier ], of forty percent of the 7
360	360	deceased member's average final compensat ion plus fifteen 8
361	361	percent of such compensation to, or for the benefit of, each 9
362	362	unmarried dependent child of the deceased member, who is 10
363	363	either under the age of eighteen, or who, regardless of age, 11
364	364	is totally and permanently mentally or physically disabl ed 12
365	365	and incapacitated from engaging in gainful occupation 13
366	366	sufficient to support himself or herself; 14
367	367	(2) Any surviving spouse or unmarried dependent child 15
368	368	receiving benefits pursuant to the provisions of this 16
369	369	section immediately prior to October 1, 1999, shall, upon 17
370	370	application to the board of trustees, be made, constituted, 18
371	371	appointed and employed by the board of trustees as a special 19
372	372	consultant on the problems of retirement, aging and other 20
373	373	matters while the surviving spouse or unmarried depend ent 21
374	374	child is receiving such benefits, and upon request of the 22
375	375	board of trustees shall give opinions in writing or orally 23
376	376	in response to such requests as may be required. Beginning 24
377	377	October 1, 1999, for such services as may be required, the 25
378	378	surviving spouse shall receive additional monthly 26
379	379	compensation in an amount equal to fifteen percent of the 27
380	380	deceased member's average final compensation, and there 28
381	381	shall be payable an additional monthly compensation of one 29
382	382	hundred dollars or five percent of the m ember's average 30
383	383	final compensation, whichever is greater, for each unmarried 31
384	384	dependent child of the member. The additional monthly 32 HCS SS SB 75 13
385	385	compensation payable to a surviving spouse pursuant to this 33
386	386	subdivision shall be adjusted for any cost -of-living 34
387	387	increases that apply, pursuant to subdivision (8) of this 35
388	388	section, to the benefit the surviving spouse was receiving 36
389	389	prior to October 1, 1999; 37
390	390	(3) If no surviving spouse benefits are payable 38
391	391	pursuant to subdivisions (1) and (2) of this section, such 39
392	392	total pension as would have been paid pursuant to 40
393	393	subdivisions (1) and (2) of this section had there been a 41
394	394	surviving spouse shall be divided among the unmarried 42
395	395	dependent children under age eighteen and such unmarried 43
396	396	dependent children, regardless of a ge, who are totally and 44
397	397	permanently mentally or physically disabled and 45
398	398	incapacitated from engaging in a gainful occupation 46
399	399	sufficient to support themselves. The benefit shall be 47
400	400	divided equally among the eligible dependent children, and 48
401	401	the share of a child who is no longer eligible shall be 49
402	402	divided equally among the remaining eligible dependent 50
403	403	children; provided that not more than one -half of the 51
404	404	surviving spouse's benefit shall be paid for one child; 52
405	405	(4) If there is no surviving spouse or dependent 53
406	406	children, the return of accumulated contributions to the 54
407	407	designated beneficiary as set forth in section 86.293; 55
408	408	(5) No benefits pursuant to this section shall be paid 56
409	409	to a child over eighteen years of age who is totally and 57
410	410	permanently disabled if such child is a patient or resident 58
411	411	of a public-supported institution, nor shall such benefits 59
412	412	be paid unless such disability occurred prior to such child 60
413	413	reaching the age of eighteen; 61
414	414	(6) Wherever any dependent child designated by th e 62
415	415	board of trustees to receive benefits pursuant to this 63
416	416	section is in the care of the surviving spouse of the 64 HCS SS SB 75 14
417	417	deceased member, such benefits may be paid to such surviving 65
418	418	spouse for the child; 66
419	419	(7) Any benefit payable to, or for the benefit of, a 67
420	420	child or children under the age of eighteen years pursuant 68
421	421	to subdivisions (1) to (3) of this section shall continue to 69
422	422	be paid beyond the age of eighteen years through the age of 70
423	423	twenty-two years if the child is a full -time student at a 71
424	424	regularly accredited college, business school, nursing 72
425	425	school, school for technical or vocational training, or 73
426	426	university, but such extended benefit shall cease whenever 74
427	427	the child ceases to be a student. A college or university 75
428	428	shall be deemed to be regularly acc redited which maintains 76
429	429	membership in good standing in a national or regional 77
430	430	accrediting agency recognized by any state college or 78
431	431	university; 79
432	432	(8) The benefits payable pursuant to this section to 80
433	433	the surviving spouse of a member who died in serv ice after 81
434	434	attaining the age of fifty -five or completing twenty years 82
435	435	of creditable service shall be increased in the same 83
436	436	percentages and pursuant to the same method as is provided 84
437	437	in section 86.253 for adjustments in the service retirement 85
438	438	allowance of a retired member; 86
439	439	(9) In the event a surviving spouse receiving death 87
440	440	benefits as a result of a prior marriage to a deceased 88
441	441	member subsequently remarries another member who also 89
442	442	predeceases the surviving spouse, the surviving spouse shall 90
443	443	receive a single death benefit pension, which, upon 91
444	444	application to the board of trustees, shall be computed 92
445	445	under subdivision (1) of this section using the highest of 93
446	446	the average final compensations of the deceased members to 94
447	447	which the surviving spouse wa s previously married; 95 HCS SS SB 75 15
448	448	(10) Beginning on August 28, 2023, any surviving 96
449	449	spouse that had, prior to August 28, 2023, become ineligible 97
450	450	for benefits under subdivisions (1) and (2) of this section 98
451	451	as a result of remarrying shall, upon application to th e 99
452	452	board of trustees, have reinstated all future benefits under 100
453	453	subdivisions (1) and (2) of this section. Any such 101
454	454	reinstatement shall be as to future benefits only and shall 102
455	455	not be retroactive prior to August 28, 2023 . 103
456	456	86.283. Upon receipt of proper proofs of the death of 1
457	457	a retired member who retired while in service, including 2
458	458	retirement for service, ordinary disability or accidental 3
459	459	disability, and provided no other benefits are payable from 4
460	460	the retirement system, there shall be paid the following 5
461	461	benefits: 6
462	462	(1) Effective October 1, 1999, a pension to the 7
463	463	surviving spouse until the surviving spouse dies [or 8
464	464	remarries, whichever is earlier ], of forty percent of the 9
465	465	deceased member's average final compensation plus fifte en 10
466	466	percent of such compensation to, or for the benefit of, each 11
467	467	unmarried dependent child of the deceased member, who is 12
468	468	either under the age of eighteen, or who, regardless of age, 13
469	469	is totally and permanently mentally or physically disabled 14
470	470	and incapacitated from engaging in a gainful occupation 15
471	471	sufficient to support himself or herself; 16
472	472	(2) Any surviving spouse or unmarried dependent child 17
473	473	receiving benefits pursuant to this section immediately 18
474	474	prior to October 1, 1999, shall upon application to the 19
475	475	board of trustees be made, constituted, appointed and 20
476	476	employed by the board of trustees as a special consultant on 21
477	477	the problems of retirement, aging and other matters while 22
478	478	the surviving spouse or unmarried dependent child is 23
479	479	receiving such benefits, and upon request of the board of 24 HCS SS SB 75 16
480	480	trustees shall give opinions in writing or orally in 25
481	481	response to such requests as may be required. Beginning 26
482	482	October 1, 1999, for such services as may be required, a 27
483	483	surviving spouse shall receive additional mon thly 28
484	484	compensation equal to the amount which when added to the 29
485	485	benefits the surviving spouse was receiving pursuant to this 30
486	486	section prior to October 1, 1999, determined without regard 31
487	487	to any increase applied to such benefits prior to October 1, 32
488	488	1999, pursuant to subdivision (8) of this section, will 33
489	489	increase the surviving spouse's total monthly payment 34
490	490	pursuant to this section to forty percent of the deceased 35
491	491	member's average final compensation, and there shall be 36
492	492	payable an additional monthly compe nsation of one hundred 37
493	493	dollars or five percent of the member's average final 38
494	494	compensation, whichever is greater, for each unmarried 39
495	495	dependent child of the member. The additional monthly 40
496	496	compensation payable to a surviving spouse pursuant to this 41
497	497	subdivision shall be adjusted for any cost -of-living 42
498	498	increases that apply to the benefit the surviving spouse was 43
499	499	receiving prior to October 1, 1999; 44
500	500	(3) If no surviving spouse benefits are payable 45
501	501	pursuant to subdivisions (1) and (2) of this section, such 46
502	502	total pension as would have been paid pursuant to 47
503	503	subdivisions (1) and (2) of this section had there been a 48
504	504	surviving spouse, determined without regard to any increase 49
505	505	which would have applied to the surviving spouse's benefits 50
506	506	pursuant to subdivision (8) of this section, shall be 51
507	507	divided among the unmarried dependent children under age 52
508	508	eighteen and unmarried dependent children, regardless of 53
509	509	age, who are totally and permanently mentally or physically 54
510	510	disabled and incapacitated from engaging in a gainful 55
511	511	occupation sufficient to support themselves. The benefit 56 HCS SS SB 75 17
512	512	shall be divided equally among the eligible dependent 57
513	513	children, and the share of a child who is no longer eligible 58
514	514	shall be divided equally among the remaining eligible 59
515	515	dependent children; provided that not more than one -half of 60
516	516	the surviving spouse's benefits shall be paid for one child; 61
517	517	(4) No benefits pursuant to this section shall be paid 62
518	518	to a child over eighteen years of age who is totally and 63
519	519	permanently disabled if s uch child is a patient or resident 64
520	520	of a public-supported institution, nor shall such benefits 65
521	521	be paid unless such disability occurred prior to such child 66
522	522	reaching the age of eighteen; 67
523	523	(5) Whenever any dependent child designated by the 68
524	524	board of trustees to receive benefits pursuant to this 69
525	525	section is in the care of the surviving spouse of the 70
526	526	deceased member, such benefits may be paid to such surviving 71
527	527	spouse for the child; 72
528	528	(6) In the event of the death of a retired member 73
529	529	receiving accidental disability benefits before such 74
530	530	benefits have been paid for five years, the member's 75
531	531	surviving spouse until the surviving spouse dies [or 76
532	532	remarries, whichever is earlier ], shall receive an 77
533	533	additional pension of ten percent of the deceased member' s 78
534	534	final average compensation; 79
535	535	(7) Any benefit payable to, or for the benefit of, a 80
536	536	child or children under the age of eighteen years pursuant 81
537	537	to subdivisions (1) to (3) of this section shall continue to 82
538	538	be paid beyond the age of eighteen years th rough the age of 83
539	539	twenty-two years if the child is a full -time student at a 84
540	540	regularly accredited college, business school, nursing 85
541	541	school, school for technical or vocational training, or 86
542	542	university, but such extended benefit shall cease whenever 87
543	543	the child ceases to be a student. A college or university 88 HCS SS SB 75 18
544	544	shall be deemed to be regularly accredited which maintains 89
545	545	membership in good standing in a national or regional 90
546	546	accrediting agency recognized by any state college or 91
547	547	university; 92
548	548	(8) The benefits payable pursuant to this section to 93
549	549	the surviving spouse of a retired member who received or was 94
550	550	entitled to receive a service retirement allowance shall be 95
551	551	increased in the same percentages and pursuant to the same 96
552	552	method as is provided in section 86.253 for adjustments in 97
553	553	the service retirement allowance of a retired member ; 98
554	554	(9) In the event a surviving spouse receiving death 99
555	555	benefits as a result of a prior marriage to a deceased 100
556	556	member subsequently remarries another member who also 101
557	557	predeceases the surviving spouse, the surviving spouse shall 102
558	558	receive a single death benefit pension, which, upon 103
559	559	application to the board of trustees, shall be computed 104
560	560	under subdivision (1) of this section using the highest of 105
561	561	the average final compensatio ns of the deceased members to 106
562	562	which the surviving spouse was previously married; 107
563	563	(10) Beginning on August 28, 2023, any surviving 108
564	564	spouse that had, prior to August 28, 2023, become ineligible 109
565	565	for benefits under subdivisions (1), (2), and (6) of thi s 110
566	566	section as a result of remarrying shall, upon application to 111
567	567	the board of trustees, have reinstated all future benefits 112
568	568	under subdivisions (1), (2), and (6) of this section. Any 113
569	569	such reinstatement shall be as to future benefits only and 114
570	570	shall not be retroactive prior to August 28, 2023 . 115
571	571	86.287. Upon the receipt by the board of trustees of 1
572	572	evidence and proof that the death of a member was the 2
573	573	natural and proximate result of an accident occurring at 3
574	574	some definite time and place while the member was in the 4
575	575	actual performance of duty and not caused by negligence on 5 HCS SS SB 75 19
576	576	the part of the member, there shall be paid in lieu of the 6
577	577	benefits pursuant to sections 86.280 to 86.283: 7
578	578	(1) Effective October 1, 1999, a pension to the 8
579	579	surviving spouse until the surviving spouse dies [or 9
580	580	remarries, whichever is earlier ], of seventy-five percent of 10
581	581	the deceased member's average final compensation plus 11
582	582	fifteen percent of such compensation to, or for the benefit 12
583	583	of, each unmarried dependent child of the deceased member, 13
584	584	who is either under the age of eighteen, or who, regardless 14
585	585	of age, is totally and permanently disabled and 15
586	586	incapacitated from engaging in a gainful occupation 16
587	587	sufficient to support himself or herself; 17
588	588	(2) Any surviving spouse or unmarried dependent child 18
589	589	receiving benefits pursuant to this section immediately 19
590	590	prior to October 1, 1999, shall upon application to the 20
591	591	board of trustees be made, constituted, appointed and 21
592	592	employed by the board of trustees as a specia l consultant on 22
593	593	the problems of retirement, aging and other matters while 23
594	594	the surviving spouse or unmarried dependent child is 24
595	595	receiving such benefits, and upon request of the board of 25
596	596	trustees shall give opinions in writing or orally in 26
597	597	response to such requests as may be required. Beginning 27
598	598	October 1, 1999, for such services as may be required, a 28
599	599	surviving spouse shall receive additional monthly 29
600	600	compensation equal to the amount which when added to the 30
601	601	benefits the surviving spouse was receiving pursuant to this 31
602	602	section prior to October 1, 1999, will increase the 32
603	603	surviving spouse's total monthly benefit payment pursuant to 33
604	604	this section to seventy -five percent of the deceased 34
605	605	member's average final compensation, and there shall be 35
606	606	payable an additional monthly compensation of one hundred 36
607	607	dollars or five percent of the member's average final 37 HCS SS SB 75 20
608	608	compensation, whichever is greater, for each unmarried 38
609	609	dependent child of the member; 39
610	610	(3) If no surviving spouse benefits are payable 40
611	611	pursuant to subdivisions (1) and (2) of this section, such 41
612	612	total pension as would have been paid pursuant to 42
613	613	subdivisions (1) and (2) of this section had there been a 43
614	614	surviving spouse shall be divided among the unmarried 44
615	615	dependent children under age eighteen and s uch unmarried 45
616	616	dependent children, regardless of age, who are totally and 46
617	617	permanently disabled and incapacitated from engaging in a 47
618	618	gainful occupation sufficient to support themselves. The 48
619	619	benefit shall be divided equally among the eligible 49
620	620	dependent children, and the share of a child who is no 50
621	621	longer eligible shall be divided equally among the remaining 51
622	622	eligible dependent children; provided that not more than one - 52
623	623	half of the surviving spouse's benefit shall be paid for one 53
624	624	child; 54
625	625	(4) If there is no surviving spouse or unmarried 55
626	626	dependent children of either class mentioned in subdivision 56
627	627	(3) of this section, then an amount equal to the surviving 57
628	628	spouse's benefit shall be paid to the member's dependent 58
629	629	father or dependent mother to continue until remarriage or 59
630	630	death; 60
631	631	(5) No benefits pursuant to this section shall be paid 61
632	632	to a child over eighteen years of age who is totally and 62
633	633	permanently disabled if such child is a patient or resident 63
634	634	of a public-supported institution, nor shall s uch benefits 64
635	635	be paid unless such disability occurred prior to such child 65
636	636	reaching the age of eighteen; 66
637	637	(6) Wherever any dependent child designated by the 67
638	638	board of trustees to receive benefits pursuant to this 68
639	639	section is in the care of the survivi ng spouse of the 69 HCS SS SB 75 21
640	640	deceased member, such benefits may be paid to such surviving 70
641	641	spouse for the child; 71
642	642	(7) Any benefit payable to, or for the benefit of, a 72
643	643	child or children under the age of eighteen years pursuant 73
644	644	to subdivisions (1) to (3) of this section shall continue to 74
645	645	be paid beyond the age of eighteen years through the age of 75
646	646	twenty-two years in those cases where the child is a full - 76
647	647	time student at a regularly accredited college, business 77
648	648	school, nursing school, school for technical or vo cational 78
649	649	training, or university, but such extended benefit shall 79
650	650	cease whenever the child ceases to be a student. A college 80
651	651	or university shall be deemed to be regularly accredited 81
652	652	which maintains membership in good standing in a national or 82
653	653	regional accrediting agency recognized by any state college 83
654	654	or university; 84
655	655	(8) In the event a surviving spouse receiving death 85
656	656	benefits as a result of a prior marriage to a deceased 86
657	657	member subsequently remarries another member who also 87
658	658	predeceases the surviving spouse, the surviving spouse shall 88
659	659	receive a single death benefit pension, which, upon 89
660	660	application to the board of trustees, shall be computed 90
661	661	under subdivision (1) of this section using the highest of 91
662	662	the average final compensations of the de ceased members to 92
663	663	which the surviving spouse was previously married; 93
664	664	(9) Beginning on August 28, 2023, any surviving spouse 94
665	665	that had, prior to August 28, 2023, become ineligible for 95
666	666	benefits under subdivisions (1) and (2) of this section as a 96
667	667	result of remarrying shall, upon application to the board of 97
668	668	trustees, have reinstated all future benefits under 98
669	669	subdivisions (1) and (2) of this section. Any such 99
670	670	reinstatement shall be as to future benefits only and shall 100
671	671	not be retroactive prior to Au gust 28, 2023. 101 HCS SS SB 75 22
672	672	104.010. 1. The following words and phrases as used 1
673	673	in sections 104.010 to 104.800, unless a different meaning 2
674	674	is plainly required by the context, shall mean: 3
675	675	(1) "Accumulated contributions", the sum of all 4
676	676	deductions for retirement benefit purposes from a member's 5
677	677	compensation which shall be credited to the member's 6
678	678	individual account and interest allowed thereon; 7
679	679	(2) "Active armed warfare", any declared war, or the 8
680	680	Korean or Vietnamese Conflict; 9
681	681	(3) "Actuarial equivalent", a benefit which, when 10
682	682	computed upon the basis of specified actuarial assumptions 11
683	683	approved by the board, is equal in value to a certain amount 12
684	684	or other benefit; 13
685	685	(4) "Actuarial tables", the actuarial tables approved 14
686	686	and in use by a board at any given time; 15
687	687	(5) "Actuary", the actuary who is a member of the 16
688	688	American Academy of Actuaries or who is an enrolled actuary 17
689	689	under the Employee Retirement Income Security Act of 1974 18
690	690	and who is employed by a board at any give n time; 19
691	691	(6) "Annuity", annual payments, made in equal monthly 20
692	692	installments, to a retired member from funds provided for 21
693	693	in, or authorized by, this chapter; 22
694	694	(7) "Annuity starting date", the first day of the 23
695	695	first month with respect to which a n amount is paid as an 24
696	696	annuity under sections 104.010 to 104.800, and the terms 25
697	697	retirement, time of retirement, and date of retirement shall 26
698	698	mean annuity starting date as defined in this subdivision 27
699	699	unless the context in which the term is used indicate s 28
700	700	otherwise; 29
701	701	(8) "Average compensation", the average compensation 30
702	702	of a member for the thirty -six consecutive months of service 31
703	703	prior to retirement when the member's compensation was 32 HCS SS SB 75 23
704	704	greatest; or if the member is on workers' compensation leave 33
705	705	of absence or a medical leave of absence due to an employee 34
706	706	illness, the amount of compensation the member would have 35
707	707	received may be used, as reported and verified by the 36
708	708	employing department; or if the member had less than thirty - 37
709	709	six months of service, the average annual compensation paid 38
710	710	to the member during the period up to thirty -six months for 39
711	711	which the member received creditable service when the 40
712	712	member's compensation was the greatest; or if the member is 41
713	713	on military leave, the amount of compens ation the member 42
714	714	would have received may be used as reported and verified by 43
715	715	the employing department or, if such amount is not 44
716	716	determinable, the amount of the employee's average rate of 45
717	717	compensation during the twelve -month period immediately 46
718	718	preceding such period of leave, or if shorter, the period of 47
719	719	employment immediately preceding such period of leave. The 48
720	720	board of each system may promulgate rules for purposes of 49
721	721	calculating average compensation and other retirement 50
722	722	provisions to accommodate f or any state payroll system in 51
723	723	which compensation is received on a monthly, semimonthly, 52
724	724	biweekly, or other basis; 53
725	725	(9) "Beneficiary", any persons or entities entitled to 54
726	726	or nominated by a member or retiree who may be legally 55
727	727	entitled to receive b enefits pursuant to this chapter; 56
728	728	(10) "Biennial assembly", the completion of no less 57
729	729	than two years of creditable service or creditable prior 58
730	730	service by a member of the general assembly; 59
731	731	(11) "Board of trustees", "board", or "trustees", a 60
732	732	board of trustees as established for the applicable system 61
733	733	pursuant to this chapter; 62
734	734	(12) "Chapter", sections 104.010 to 104.800; 63
735	735	(13) "Compensation": 64 HCS SS SB 75 24
736	736	(a) All salary and wages payable out of any state, 65
737	737	federal, trust, or other funds to a n employee for personal 66
738	738	services performed for a department; but including only 67
739	739	amounts for which contributions have been made in accordance 68
740	740	with section 104.436, or section 104.070, whichever is 69
741	741	applicable, and excluding any nonrecurring single sum 70
742	742	payments or amounts paid after the member's termination of 71
743	743	employment unless such amounts paid after such termination 72
744	744	are a final installment of salary or wages at the same rate 73
745	745	as in effect immediately prior to termination of employment 74
746	746	in accordance with a state payroll system adopted on or 75
747	747	after January 1, 2000, or any other one -time payments made 76
748	748	as a result of such payroll system; 77
749	749	(b) All salary and wages which would have been payable 78
750	750	out of any state, federal, trust or other funds to an 79
751	751	employee on workers' compensation leave of absence during 80
752	752	the period the employee is receiving a weekly workers' 81
753	753	compensation benefit, as reported and verified by the 82
754	754	employing department; 83
755	755	(c) Effective December 31, 1995, compensation in 84
756	756	excess of the limitations set forth in Internal Revenue Code 85
757	757	Section 401(a)(17) shall be disregarded. The limitation on 86
758	758	compensation for eligible employees shall not be less than 87
759	759	the amount which was allowed to be taken into account under 88
760	760	the system as in effe ct on July 1, 1993. For this purpose, 89
761	761	an "eligible employee" is an individual who was a member of 90
762	762	the system before the first plan year beginning after 91
763	763	December 31, 1995; 92
764	764	(d) The board by its rules may further define 93
765	765	"compensation" in a manner c onsistent with this definition; 94
766	766	(14) "Consumer price index", the Consumer Price Index 95
767	767	for All Urban Consumers for the United States, or its 96 HCS SS SB 75 25
768	768	successor index, as approved by a board, as such index is 97
769	769	defined and officially reported by the United Sta tes 98
770	770	Department of Labor, or its successor agency; 99
771	771	(15) "Creditable prior service", the service of an 100
772	772	employee which was either rendered prior to the 101
773	773	establishment of a system, or prior to the date the employee 102
774	774	last became a member of a system, an d which is recognized in 103
775	775	determining the member's eligibility and for the amount of 104
776	776	the member's benefits under a system; 105
777	777	(16) "Creditable service", the sum of membership 106
778	778	service and creditable prior service, to the extent such 107
779	779	service is standing to a member's credit as provided in this 108
780	780	chapter; except that in no case shall more than one day of 109
781	781	creditable service or creditable prior service be credited 110
782	782	any member for any one calendar day of eligible service 111
783	783	credit as provided by law; 112
784	784	(17) "Deferred normal annuity", the annuity payable to 113
785	785	any former employee who terminated employment as an employee 114
786	786	or otherwise withdrew from service with a vested right to a 115
787	787	normal annuity, payable at a future date; 116
788	788	(18) "Department", any departme nt or agency of the 117
789	789	executive, legislative or judicial branch of the state of 118
790	790	Missouri receiving state appropriations, including allocated 119
791	791	funds from the federal government but not including any body 120
792	792	corporate or politic unless its employees are eligib le for 121
793	793	retirement coverage from a system pursuant to this chapter 122
794	794	as otherwise provided by law; 123
795	795	(19) "Disability benefits", benefits paid to any 124
796	796	employee while totally disabled as provided in this chapter; 125
797	797	(20) "Early retirement age", a memb er's attainment of 126
798	798	fifty-five years of age and the completion of ten or more 127 HCS SS SB 75 26
799	799	years of creditable service, except for uniformed members of 128
800	800	the water patrol; 129
801	801	(21) "Employee": 130
802	802	(a) Effective August 28, 2007, any elective or 131
803	803	appointive officer o r person employed by the state who is 132
804	804	employed, promoted or transferred by a department into a new 133
805	805	or existing position and earns a salary or wage in a 134
806	806	position normally requiring the performance by the person of 135
807	807	duties during not less than one thousan d forty hours per 136
808	808	year, including each member of the general assembly but not 137
809	809	including any patient or inmate of any state, charitable, 138
810	810	penal or correctional institution. However, persons who are 139
811	811	members of the public school retirement system and who are 140
812	812	employed by a state agency other than an institution of 141
813	813	higher learning shall be deemed employees for purposes of 142
814	814	participating in all insurance programs administered by a 143
815	815	board established pursuant to section 104.450. This 144
816	816	definition shall not e xclude any employee as defined in this 145
817	817	subdivision who is covered only under the federal Old Age 146
818	818	and Survivors' Insurance Act, as amended. As used in this 147
819	819	chapter, the term "employee" shall include: 148
820	820	a. Persons who are currently receiving annuitie s or 149
821	821	other retirement benefits from some other retirement or 150
822	822	benefit fund, so long as they are not simultaneously 151
823	823	accumulating creditable service in another retirement or 152
824	824	benefit system which will be used to determine eligibility 153
825	825	for or the amount of a future retirement benefit; 154
826	826	b. Persons who have elected to become or who have been 155
827	827	made members of a system pursuant to section 104.342; 156
828	828	(b) Any person who is not a retiree and has performed 157
829	829	services in the employ of the general assembly or either 158
830	830	house thereof, or any employee of any member of the general 159 HCS SS SB 75 27
831	831	assembly while acting in the person's official capacity as a 160
832	832	member, and whose position does not normally require the 161
833	833	person to perform duties during at least one thousand forty 162
834	834	hours per year, with a month of service being any monthly 163
835	835	pay period in which the employee was paid for full -time 164
836	836	employment for that monthly period; except that persons 165
837	837	described in this paragraph shall not include any such 166
838	838	persons who are employed on or af ter August 28, 2007, and 167
839	839	who have not previously been employed in such positions; 168
840	840	(c) "Employee" does not include special consultants 169
841	841	employed pursuant to section 104.610; 170
842	842	(d) The system shall consider a person who is employed 171
843	843	in multiple positions simultaneously within a single agency 172
844	844	to be working in a single position for purposes of 173
845	845	determining whether the person is an employee as defined in 174
846	846	this subdivision; 175
847	847	(22) "Employer", a department of the state; 176
848	848	(23) "Executive director", the executive director 177
849	849	employed by a board established pursuant to the provisions 178
850	850	of this chapter; 179
851	851	(24) "Fiscal year", the period beginning July first in 180
852	852	any year and ending June thirtieth the following year; 181
853	853	(25) "Full biennial assembl y", the period of time 182
854	854	beginning on the first day the general assembly convenes for 183
855	855	a first regular session until the last day of the following 184
856	856	year; 185
857	857	(26) "Fund", the benefit fund of a system established 186
858	858	pursuant to this chapter; 187
859	859	(27) "Interest", interest at such rate as shall be 188
860	860	determined and prescribed from time to time by a board; 189
861	861	(28) "Member", as used in sections 104.010 to 104.272 190
862	862	or 104.601 to 104.800 shall mean an employee, retiree, or 191 HCS SS SB 75 28
863	863	former employee entitled to a deferred annuity covered by 192
864	864	the Missouri department of transportation and highway patrol 193
865	865	employees' retirement system. "Member", as used in this 194
866	866	section and sections 104.312 to 104.800, shall mean an 195
867	867	employee, retiree, or former employee entitled to deferred 196
868	868	annuity covered by the Missouri state employees' retirement 197
869	869	system; 198
870	870	(29) "Membership service", the service after becoming 199
871	871	a member that is recognized in determining a member's 200
872	872	eligibility for and the amount of a member's benefits under 201
873	873	a system; 202
874	874	(30) "Military service", all active service performed 203
875	875	in the United States Army, Air Force, Navy, Marine Corps, 204
876	876	Coast Guard, and members of the United States Public Health 205
877	877	Service or any women's auxiliary thereof; and service in the 206
878	878	Army National Guard and Air National Guard when engaged in 207
879	879	active duty for training, inactive duty training or full - 208
880	880	time National Guard duty, and service by any other category 209
881	881	of persons designated by the President in time of war or 210
882	882	emergency; 211
883	883	(31) "Normal annuity", the annuity provided to a 212
884	884	member upon retirement at or after the member's normal 213
885	885	retirement age; 214
886	886	(32) "Normal retirement age", an employee's attainment 215
887	887	of sixty-five years of age and the completion of four years 216
888	888	of creditable service or the attainment of age sixty -five 217
889	889	years of age and the completion of five years of creditable 218
890	890	service by a member who has terminated employment and is 219
891	891	entitled to a deferred normal annuity or the member's 220
892	892	attainment of age sixty and the completion of fi fteen years 221
893	893	of creditable service, except that normal retirement age for 222
894	894	uniformed members of the highway patrol shall be fifty -five 223 HCS SS SB 75 29
895	895	years of age and the completion of four years of creditable 224
896	896	service and uniformed employees of the water patrol shall b e 225
897	897	fifty-five years of age and the completion of four years of 226
898	898	creditable service or the attainment of age fifty -five and 227
899	899	the completion of five years of creditable service by a 228
900	900	member of the water patrol who has terminated employment and 229
901	901	is entitled to a deferred normal annuity and members of the 230
902	902	general assembly shall be fifty -five years of age and the 231
903	903	completion of three full biennial assemblies. 232
904	904	Notwithstanding any other provision of law to the contrary, 233
905	905	a member of the Missouri department of t ransportation and 234
906	906	highway patrol employees' retirement system or a member of 235
907	907	the Missouri state employees' retirement system shall be 236
908	908	entitled to retire with a normal annuity and shall be 237
909	909	entitled to elect any of the survivor benefit options and 238
910	910	shall also be entitled to any other provisions of this 239
911	911	chapter that relate to retirement with a normal annuity if 240
912	912	the sum of the member's age and creditable service equals 241
913	913	eighty years or more and if the member is at least forty - 242
914	914	eight years of age; 243
915	915	(33) "Payroll deduction", deductions made from an 244
916	916	employee's compensation; 245
917	917	(34) "Prior service credit", the service of an 246
918	918	employee rendered prior to the date the employee became a 247
919	919	member which service is recognized in determining the 248
920	920	member's eligibility for benefits from a system but not in 249
921	921	determining the amount of the member's benefit; 250
922	922	(35) "Reduced annuity", an actuarial equivalent of a 251
923	923	normal annuity; 252
924	924	(36) "Retiree", a member who is not an employee and 253
925	925	who is receiving an annuity from a system pursuant to this 254
926	926	chapter; 255 HCS SS SB 75 30
927	927	(37) "System" or "retirement system", the Missouri 256
928	928	department of transportation and highway patrol employees' 257
929	929	retirement system, as created by sections 104.010 to 258
930	930	104.270, or sections 104.601 to 104.800, o r the Missouri 259
931	931	state employees' retirement system as created by sections 260
932	932	104.320 to 104.800; 261
933	933	(38) "Uniformed members of the highway patrol", the 262
934	934	superintendent, lieutenant colonel, majors, captains, 263
935	935	director of radio, lieutenants, sergeants, corp orals, and 264
936	936	patrolmen of the Missouri state highway patrol who normally 265
937	937	appear in uniform; 266
938	938	(39) "Uniformed members of the water patrol", 267
939	939	employees of the Missouri state water patrol of the 268
940	940	department of public safety who are classified as water 269
941	941	patrol officers who have taken the oath of office prescribed 270
942	942	by the provisions of chapter 306 and who have those peace 271
943	943	officer powers given by the provisions of chapter 306; 272
944	944	(40) "Vesting service", the sum of a member's prior 273
945	945	service credit and cre ditable service which is recognized in 274
946	946	determining the member's eligibility for benefits under the 275
947	947	system. 276
948	948	2. Benefits paid pursuant to the provisions of this 277
949	949	chapter shall not exceed the limitations of Internal Revenue 278
950	950	Code Section 415, the prov isions of which are hereby 279
951	951	incorporated by reference. Notwithstanding any other law to 280
952	952	the contrary, the board of trustees may establish a benefit 281
953	953	plan under Section 415(m) of the Internal Revenue Code of 282
954	954	1986, as amended. Such plan shall be created solely for the 283
955	955	purposes described in Section 415(m)(3)(A) of the Internal 284
956	956	Revenue Code of 1986, as amended. The board of trustees may 285
957	957	promulgate regulations necessary to implement the provisions 286 HCS SS SB 75 31
958	958	of this subsection and to create and administer such ben efit 287
959	959	plan. 288
960	960	104.020. There is hereby created the "Missouri 1
961	961	Department of Transportation and Highway Patrol Employees' 2
962	962	Retirement System", which shall be a body corporate and an 3
963	963	instrumentality of the state. In such system shall be 4
964	964	vested the powers and duties specified in sections 104.010 5
965	965	to [104.270] 104.312 and such other powers as may be 6
966	966	necessary or proper to enable it, its officers, employees, 7
967	967	and agents to carry out fully and effectively all the 8
968	968	purposes of sections 104.01 0 to [104.270] 104.312. 9
969	969	104.035. 1. Any member whose employment terminated 1
970	970	prior to August 13, 1976, and who had served twenty years or 2
971	971	more as an employee shall be entitled to a deferred normal 3
972	972	annuity based on his creditable servi ce, average 4
973	973	compensation, and the act in effect at the time his 5
974	974	employment was terminated. 6
975	975	2. Any member whose employment terminates on or after 7
976	976	August 13, 1976, and prior to June 1, 1981, and who had 8
977	977	served fifteen or more years' creditable serv ice as an 9
978	978	employee or had served ten or more years of creditable 10
979	979	service as an employee and was at least thirty -five years of 11
980	980	age at the date of termination of employment shall be 12
981	981	entitled to a deferred normal annuity based on his 13
982	982	creditable service, average compensation, and the act in 14
983	983	effect at the time his employment was terminated. 15
984	984	3. Any member whose employment terminates on or after 16
985	985	June 1, 1981, and who has ten or more years of creditable 17
986	986	service at the date of termination of employment shall be 18
987	987	entitled to a deferred normal annuity based on the member's 19
988	988	creditable service, average compensation and the act in 20
989	989	effect at the time the member's employment is terminated. 21 HCS SS SB 75 32
990	990	4. Any member entitled to a deferred normal annuity as 22
991	991	provided in subsection 1, 2, 3 or 5 of this section who 23
992	992	reenters the service of a department and again becomes a 24
993	993	member of the system [and thereafter serves for one 25
994	994	continuous year] shall have his prior period of service 26
995	995	restored, so that benefits determined by reason of his 27
996	996	retirement or subsequent withdrawal from service will 28
997	997	include the sum of all periods of creditable service, and 29
998	998	his annuity shall be based on his creditable service, 30
999	999	average compensation, and the act in effect at the time of 31
1000	1000	his retirement or subsequent withdrawal from service. 32
1001	1001	5. Notwithstanding any other law to the contrary, any 33
1002	1002	member of the transportation department and highway patrol 34
1003	1003	retirement system whose employment terminated on or after 35
1004	1004	September 28, 1992, who has fiv e or more years of vesting 36
1005	1005	service as an employee at the date of termination of 37
1006	1006	employment shall be entitled to a deferred normal annuity 38
1007	1007	based on the member's creditable service, average 39
1008	1008	compensation, and the act in effect at the time the member's 40
1009	1009	employment was terminated. 41
1010	1010	104.090. 1. The normal annuity of a member shall 1
1011	1011	equal one and six-tenths percent of the average compensation 2
1012	1012	of the member multiplied by the number of years of 3
1013	1013	creditable service of such member. In addition, the normal 4
1014	1014	annuity of a uniformed member of the patrol shall be 5
1015	1015	increased by thirty-three and one-third percent. 6
1016	1016	2. In addition, a uniformed member of the highway 7
1017	1017	patrol who is retiring with a normal annuity after attaining 8
1018	1018	normal retirement age shall receive an additional sum of 9
1019	1019	ninety dollars per month as a contribution by the system 10
1020	1020	until such member attains the age of sixty -five years, when 11
1021	1021	such contribution shall cease. To qualify for the 12 HCS SS SB 75 33
1022	1022	contribution provided in this subsection by th e system, the 13
1023	1023	retired uniformed member of the highway patrol is made, 14
1024	1024	constituted, appointed and employed by the board as a 15
1025	1025	special consultant on the problems of retirement, aging and 16
1026	1026	other state matters. Such additional contribution shall be 17
1027	1027	reduced each month by such amount earned by the retired 18
1028	1028	uniformed member of the highway patrol in gainful 19
1029	1029	employment. In order to qualify for the additional 20
1030	1030	contribution provided in this subsection, the retired 21
1031	1031	uniformed member of the highway patrol shall ha ve been: 22
1032	1032	(1) Hired by the Missouri state highway patrol prior 23
1033	1033	to January 1, 1995; and 24
1034	1034	(2) Employed by the Missouri state highway patrol or 25
1035	1035	receiving long-term disability or work -related disability 26
1036	1036	benefits on the day before the effective dat e of the 27
1037	1037	member's retirement. 28
1038	1038	3. In lieu of the annuity payable to the member 29
1039	1039	pursuant to section 104.100, a member whose age at 30
1040	1040	retirement is forty-eight or more may elect in the member's 31
1041	1041	application for retirement to receive one of the followin g: 32
1042	1042	Option 1. 33
1043	1043	An actuarial reduction approved by the board of 34
1044	1044	the member's annuity in reduced monthly payments 35
1045	1045	for life during retirement with the provision 36
1046	1046	that upon the member's death the reduced annuity 37
1047	1047	at date of death shall be continued throughout 38
1048	1048	the life of, and be paid to, the member's 39
1049	1049	spouse; or 40
1050	1050	Option 2. 41
1051	1051	The member's normal annuity in regular monthly 42
1052	1052	payments for life during retirement with the 43
1053	1053	provision that upon the member's death a 44 HCS SS SB 75 34
1054	1054	survivor's benefit equal to one -half the 45
1055	1055	member's normal annuity at date of death shall 46
1056	1056	be paid to the member's spouse in regular 47
1057	1057	monthly payments for life; or 48
1058	1058	Option 3. 49
1059	1059	An actuarial reduction approved by the board of 50
1060	1060	the member's normal annuity in reduced monthly 51
1061	1061	payments for the member's life with the 52
1062	1062	provision that if the member dies prior to the 53
1063	1063	member's having received one hundred twenty 54
1064	1064	monthly payments of the member's reduced 55
1065	1065	annuity, the member's reduced allowance to which 56
1066	1066	the member would have been entitled had the 57
1067	1067	member lived shall be paid for the remainder of 58
1068	1068	the one hundred twenty -month period to such 59
1069	1069	beneficiary as the member shall have nominated 60
1070	1070	by written designation duly executed and filed 61
1071	1071	with the board. If there is no beneficiary 62
1072	1072	surviving the retiree, the reserve for such 63
1073	1073	allowance for the remainder of such one hundred 64
1074	1074	twenty-month period shall be paid to the 65
1075	1075	retiree's estate; or 66
1076	1076	Option 4. 67
1077	1077	An actuarial reduction approved by the board of 68
1078	1078	the member's normal annuity in reduced monthly 69
1079	1079	payments for the member's life with the 70
1080	1080	provision that if the member dies prior to the 71
1081	1081	member having received sixty monthly payments of 72
1082	1082	the member's reduced annuity, the member's 73
1083	1083	reduced allowance to which the member would have 74
1084	1084	been entitled had the member lived shall be paid 75
1085	1085	for the remainder of the sixty-month period to 76 HCS SS SB 75 35
1086	1086	such beneficiary as the member shall have 77
1087	1087	nominated by written designation duly executed 78
1088	1088	and filed with the board. If there is no 79
1089	1089	beneficiary surviving the retiree, the reserve 80
1090	1090	for such allowance for the remainder o f such 81
1091	1091	sixty-month period shall be paid to the 82
1092	1092	retiree's estate. 83
1093	1093	4. The election may be made only in the application 84
1094	1094	for retirement, and such application shall be filed at least 85
1095	1095	thirty days but not more than ninety days prior to the date 86
1096	1096	on which the retirement of the member is to be effective, 87
1097	1097	provided that if either the member or the spouse nominated 88
1098	1098	to receive the survivorship payment dies before the 89
1099	1099	effective date of retirement, the election shall not be 90
1100	1100	effective. If after the reduced a nnuity commences, the 91
1101	1101	spouse predeceases the retired member, the reduced annuity 92
1102	1102	continues to the retired member during the member's lifetime. 93
1103	1103	5. Effective July 1, 2000, a member may make an 94
1104	1104	election under option 1 or 2 after the date retirement 95
1105	1105	benefits are initiated if the member makes the election 96
1106	1106	within one year from the date of marriage or July 1, 2000, 97
1107	1107	whichever is later, under any of the following circumstances: 98
1108	1108	(1) The member elected to receive a normal annuity and 99
1109	1109	was not eligible to elect option 1 or 2 on the date 100
1110	1110	retirement benefits were initiated; or 101
1111	1111	(2) The member's annuity reverted to a normal annuity 102
1112	1112	pursuant to subsection 7 of this section or subsection [7 103
1113	1113	or] 8 of section 104.103 and the member remarried; or 104
1114	1114	(3) The member elected option 1 or 2 but the member's 105
1115	1115	spouse at the time of retirement has died and the member has 106
1116	1116	remarried. 107 HCS SS SB 75 36
1117	1117	6. Any person who terminates employment or retires 108
1118	1118	prior to July 1, 2000, shall be made, constituted, appointed 109
1119	1119	and employed by the board as a special consultant on the 110
1120	1120	problems of retirement, aging and other state matters, and 111
1121	1121	for such services shall be eligible to elect to receive the 112
1122	1122	benefits described in subsection 5 of this section. 113
1123	1123	7. For retirement applicat ions filed on or after 114
1124	1124	August 28, 2004, the beneficiary for either option 1 or 115
1125	1125	option 2 of subsection 3 of this section shall be the 116
1126	1126	member's spouse at the time of retirement. If the member's 117
1127	1127	marriage ends after retirement as a result of a dissolution 118
1128	1128	of marriage, such dissolution shall not affect the option 119
1129	1129	election and the former spouse shall continue to be eligible 120
1130	1130	to receive survivor benefits upon death of the member, 121
1131	1131	except a member may cancel his or her election if: 122
1132	1132	(1) The dissolution of marriage of the member and 123
1133	1133	former spouse occurred on or after January 1, 2021, and the 124
1134	1134	dissolution decree provides for sole retention by the member 125
1135	1135	of all rights in the annuity and provides that the former 126
1136	1136	spouse shall not be entitled to any survivo r benefits 127
1137	1137	pursuant to this chapter; or 128
1138	1138	(2) The dissolution of marriage of the member and 129
1139	1139	former spouse occurred prior to January 1, 2021, and: 130
1140	1140	(a) The dissolution decree provided for the sole 131
1141	1141	retention by the member of all rights in the ann uity 132
1142	1142	pursuant to this chapter, and the parties obtained an 133
1143	1143	amended or modified dissolution decree after January 1, 134
1144	1144	2021, providing for immediate removal of the former spouse 135
1145	1145	as the beneficiary entitled to survivor benefits to the 136
1146	1146	satisfaction of the s ystem; or 137
1147	1147	(b) The dissolution decree does not provide for the 138
1148	1148	sole retention by the member of all rights in the annuity 139 HCS SS SB 75 37
1149	1149	and the parties obtained an amended or modified dissolution 140
1150	1150	decree after January 1, 2021, which provides for the sole 141
1151	1151	retention by the member of all rights in the annuity and 142
1152	1152	provides that the former spouse shall not be entitled to any 143
1153	1153	survivor benefits pursuant to this chapter. 144
1154	1154	Upon meeting the requirements of subdivision (1) or (2) of 145
1155	1155	this subsection, the monthly benefit pay able for the 146
1156	1156	lifetime of the member shall be the actuarial equivalent of 147
1157	1157	the annuity payable pursuant to the provisions of option 1 148
1158	1158	or option 2 of subsection 3 of this section, as adjusted for 149
1159	1159	early retirement if applicable. In no event shall the 150
1160	1160	monthly benefit payable for the lifetime of the member be 151
1161	1161	greater than the amount that would have been payable to the 152
1162	1162	member under subsection 7 or 8 of section 104.103, whichever 153
1163	1163	is applicable, had the former spouse died on the date of the 154
1164	1164	dissolution of marriage. Any increase in the annuity amount 155
1165	1165	pursuant to this subsection shall be prospective and 156
1166	1166	effective the first of the month following the date of 157
1167	1167	receipt by the system of a certified copy of the dissolution 158
1168	1168	decree that meets the requirements of this subsection. 159
1169	1169	8. Any application for retirement shall only become 160
1170	1170	effective on the first day of the month. 161
1171	1171	104.160. The board of trustees shall consist of three 1
1172	1172	members of the state highways and transportation commission 2
1173	1173	elected by the members of the commission. The 3
1174	1174	superintendent of the highway patrol and the director of the 4
1175	1175	department of transportation shall serve as members by 5
1176	1176	virtue of their respective offices, and their successors 6
1177	1177	shall succeed them as members of t he board of trustees. In 7
1178	1178	addition, one member of the senate appointed by the 8
1179	1179	president pro tem of the senate and one member of the house 9 HCS SS SB 75 38
1180	1180	of representatives, appointed by the speaker of the house 10
1181	1181	shall serve as members of the board of trustees. In 11
1182	1182	addition to the appointed legislators, two active employee 12
1183	1183	members of the system shall be elected by a plurality vote 13
1184	1184	of the active employee members of the system, herein 14
1185	1185	designated for four-year terms to commence July 1, 1982, and 15
1186	1186	every four years there after. One elected member shall be 16
1187	1187	elected from the active employees of the department of 17
1188	1188	transportation and one elected member shall be elected from 18
1189	1189	the active employees of the civilian or uniformed highway 19
1190	1190	patrol. The terms of the active employee r epresentatives 20
1191	1191	serving on the board on August 28, 2026, shall continue 21
1192	1192	until June 30, 2028. All terms of elected active employee 22
1193	1193	representatives shall be for four years after June 30, 23
1194	1194	2028. In addition to the two active employee members, two 24
1195	1195	retirees of the system shall be elected to serve on the 25
1196	1196	board by a plurality vote of the retirees of the system. 26
1197	1197	One retiree shall be elected by the retired employees of the 27
1198	1198	transportation department and one retiree shall be elected 28
1199	1199	by the retired employees of the civilian or uniformed 29
1200	1200	highway patrol. The retiree serving on the board on August 30
1201	1201	28, 2007, shall continue to serve on the board as the 31
1202	1202	representative of the retired employees of the 32
1203	1203	transportation department until June 30, 2010. An election 33
1204	1204	shall be held prior to January 1, 2008, for the retiree to 34
1205	1205	be elected by the retired employees of the civilian or 35
1206	1206	uniformed highway patrol with said term to commence on 36
1207	1207	January 1, 2008, and expire on June 30, 2010. All terms of 37
1208	1208	elected retired employee s shall be for four years after June 38
1209	1209	30, 2010. The board shall determine the procedures for 39
1210	1210	nomination and election of the elective board members. 40
1211	1211	Nominations may be entered by any member of the system, 41 HCS SS SB 75 39
1212	1212	provided members of the system have a reasonabl e opportunity 42
1213	1213	to vote. 43
1214	1214	104.170. 1. The board shall elect [by secret ballot] 1
1215	1215	one member as chair and one member as vice chair at the 2
1216	1216	first board meeting of each year. The chair may not serve 3
1217	1217	more than two consecutive terms beginnin g after August 13, 4
1218	1218	1988. The chair shall preside over meetings of the board 5
1219	1219	and perform such other duties as may be required by action 6
1220	1220	of the board. The vice chair shall perform the duties of 7
1221	1221	the chair in the absence of the latter or upon the chair's 8
1222	1222	inability or refusal to act. 9
1223	1223	2. The board shall appoint a full -time executive 10
1224	1224	director, who shall not be compensated for any other duties 11
1225	1225	under the state highways and transportation commission. The 12
1226	1226	executive director shall have charge of the of fices and 13
1227	1227	records and shall hire such employees that the executive 14
1228	1228	director deems necessary subject to the direction of the 15
1229	1229	board. The executive director and all other employees of 16
1230	1230	the system shall be members of the system and the board 17
1231	1231	shall make contributions to provide the insurance benefits 18
1232	1232	available pursuant to section 104.270 on the same basis as 19
1233	1233	provided for other state employees pursuant to the 20
1234	1234	provisions of section 104.515, and also shall make 21
1235	1235	contributions to provide the retirement benef its on the same 22
1236	1236	basis as provided for other employees pursuant to the 23
1237	1237	provisions of sections 104.090 to 104.260. The executive 24
1238	1238	director is authorized to execute all documents including 25
1239	1239	contracts necessary to carry out any and all actions of the 26
1240	1240	board. 27
1241	1241	3. Any summons or other writ issued by the courts of 28
1242	1242	the state shall be served upon the executive director or, in 29
1243	1243	the executive director's absence, on the assistant director. 30 HCS SS SB 75 40
1244	1244	104.200. Should any error in any records result in any 1
1245	1245	[member's] member or [beneficiary's] beneficiary receiving 2
1246	1246	more or less than he or she would have been entitled to 3
1247	1247	receive had the records been correct, the board shall 4
1248	1248	correct such error, and, as far as practicable, make future 5
1249	1249	payments in such a manner that the actuarial equivalent of 6
1250	1250	the benefit to which such member or beneficiary was entitled 7
1251	1251	shall be paid, and to this end may recover any 8
1252	1252	overpayments. In all cases in which such error has been 9
1253	1253	made, no such error shall be corrected unless the system 10
1254	1254	discovers or is notified of such error within ten years 11
1255	1255	after the [initial] member's annuity starting date or date 12
1256	1256	of error, whichever occurs later. In cases of fraud, any 13
1257	1257	error discovered shall be corrected without concern for the 14
1258	1258	amount of time that has passed . 15
1259	1259	104.312. 1. The provisions of subsection 2 of section 1
1260	1260	104.250, subsection 2 of section 104.540, subsection 2 of 2
1261	1261	section 287.820, and section 476.688 to the contrary 3
1262	1262	notwithstanding, any pension, annuity, ben efit, right, or 4
1263	1263	retirement allowance provided pursuant to this chapter, 5
1264	1264	chapter 287, or chapter 476 is marital property and after 6
1265	1265	August 28, 1994, a court of competent jurisdiction may 7
1266	1266	divide the pension, annuity, benefits, rights, and 8
1267	1267	retirement allowance provided pursuant to this chapter, 9
1268	1268	chapter 287, or chapter 476 between the parties to any 10
1269	1269	action for dissolution of marriage. A division of benefits 11
1270	1270	order issued pursuant to this section: 12
1271	1271	(1) Shall not require the applicable retirement syst em 13
1272	1272	to provide any form or type of annuity or retirement plan 14
1273	1273	not selected by the member and not normally made available 15
1274	1274	by that system; 16 HCS SS SB 75 41
1275	1275	(2) Shall not require the applicable retirement system 17
1276	1276	to commence payments until the member submits a valid 18
1277	1277	application for an annuity and the annuity becomes payable 19
1278	1278	in accordance with the application; 20
1279	1279	(3) Shall identify the monthly amount to be paid to 21
1280	1280	the alternate payee, which shall be expressed as a 22
1281	1281	percentage and which shall not exceed fifty perce nt of the 23
1282	1282	amount of the member's annuity accrued during all or part of 24
1283	1283	the time while the member and alternate payee were married 25
1284	1284	excluding service accrued under 104.601 ; and which shall be 26
1285	1285	based on the member's vested annuity on the date of the 27
1286	1286	dissolution of marriage or an earlier date as specified in 28
1287	1287	the order, which amount shall be adjusted proportionately if 29
1288	1288	the member's annuity is reduced due to early retirement or 30
1289	1289	the member's annuity is reduced pursuant to section 104.395 31
1290	1290	under an annuity option in which the member named the 32
1291	1291	alternate payee as beneficiary prior to the dissolution of 33
1292	1292	marriage or pursuant to section 104.090 under an annuity 34
1293	1293	option in which the member on or after August 28, 2007, 35
1294	1294	named the alternative payee as beneficiary p rior to the 36
1295	1295	dissolution of marriage, and the percentage established 37
1296	1296	shall be applied to the pro rata portion of any lump sum 38
1297	1297	distribution pursuant to subsection 6 of section 104.335, 39
1298	1298	accrued during the time while the member and alternate payee 40
1299	1299	were married; 41
1300	1300	(4) Shall not require the payment of an annuity amount 42
1301	1301	to the member and alternate payee which in total exceeds the 43
1302	1302	amount which the member would have received without regard 44
1303	1303	to the order; 45
1304	1304	(5) Shall provide that any benefit formula in creases, 46
1305	1305	additional years of service, increased average compensation 47
1306	1306	or other type of increases accrued after the date of the 48 HCS SS SB 75 42
1307	1307	dissolution of marriage shall accrue solely to the benefit 49
1308	1308	of the member; except that on or after September 1, 2001, 50
1309	1309	any annual benefit increase paid after the member's annuity 51
1310	1310	starting date shall not be considered to be an increase 52
1311	1311	accrued after the date of termination of marriage and shall 53
1312	1312	be part of the monthly amount subject to division pursuant 54
1313	1313	to any order issued after September 1, 2001; 55
1314	1314	(6) Shall terminate upon the death of either the 56
1315	1315	member or the alternate payee, whichever occurs first; 57
1316	1316	(7) Shall not create an interest which is assignable 58
1317	1317	or subject to any legal process; 59
1318	1318	(8) Shall include the name , address, and date of birth 60
1319	1319	of both the member and the alternate payee, and the identity 61
1320	1320	of the retirement system to which it applies; 62
1321	1321	(9) Shall be consistent with any other division of 63
1322	1322	benefits orders which are applicable to the same member; 64
1323	1323	(10) Shall not require the applicable retirement 65
1324	1324	system to continue payments to the alternate payee if the 66
1325	1325	member's retirement benefit is suspended or waived as 67
1326	1326	provided by this chapter but such payments shall resume when 68
1327	1327	the retiree begins to recei ve retirement benefits in the 69
1328	1328	future. 70
1329	1329	2. A system established by this chapter shall provide 71
1330	1330	the court having jurisdiction of a dissolution of marriage 72
1331	1331	proceeding or the parties to the proceeding with information 73
1332	1332	necessary to issue a division of b enefits order concerning a 74
1333	1333	member of the system, upon written request from either the 75
1334	1334	court, the member or the member's spouse, which cites this 76
1335	1335	section and identifies the case number and parties. 77
1336	1336	3. A system established by this chapter shall have the 78
1337	1337	discretionary authority to reject a division of benefits 79
1338	1338	order for the following reasons: 80 HCS SS SB 75 43
1339	1339	(1) The order does not clearly state the rights of the 81
1340	1340	member and the alternate payee; 82
1341	1341	(2) The order is inconsistent with any law governing 83
1342	1342	the retirement system. 84
1343	1343	4. The amount paid to an alternate payee under an 85
1344	1344	order issued pursuant to this section shall be based on the 86
1345	1345	plan the member was in on the date of the dissolution of 87
1346	1346	marriage; except that any annual benefit increases subject 88
1347	1347	to division shall be based on the actual annual benefit 89
1348	1348	increases received after the retirement plan election. 90
1349	1349	5. Any annuity payable under section 104.625 that is 91
1350	1350	subject to a division of benefit order under this section 92
1351	1351	shall be calculated as foll ows: 93
1352	1352	(1) In instances of divorce after retirement, any 94
1353	1353	service or compensation of a member between the retroactive 95
1354	1354	starting date and the annuity starting date shall not be 96
1355	1355	considered creditable service or compensation; and 97
1356	1356	(2) The lump-sum payment described in subdivision (3) 98
1357	1357	of section 104.625 shall not be subject to any division of 99
1358	1358	benefit order. 100
1359	1359	104.380. 1. If a retired member is elected to any 1
1360	1360	state office or is appointed to any state office or is 2
1361	1361	employed by a department in a position normally requiring 3
1362	1362	the performance by the person of duties during not less than 4
1363	1363	one thousand forty hours per year, the member shall not 5
1364	1364	receive an annuity for any month or part of a month for 6
1365	1365	which the member serves as an officer or employee[, but] 7
1366	1366	except, notwithstanding the provisions of section 105.684 to 8
1367	1367	the contrary, those retired members serving as a member of 9
1368	1368	the general assembly under section 104.370 or an elected 10
1369	1369	state official under section 104.371. 11 HCS SS SB 75 44
1370	1370	2. Upon reemployment under subsection 1 of this 12
1371	1371	section, the member shall be considered to be a new employee 13
1372	1372	with no previous creditable service and must accrue 14
1373	1373	creditable service continuously for at least one year in 15
1374	1374	order to receive any additional annuity. Any retired member 16
1375	1375	who again becomes an employee and who accrues additional 17
1376	1376	creditable service and later retires shall receive an 18
1377	1377	additional amount of monthly annuity calculated to include 19
1378	1378	only the creditable service and the average compensation 20
1379	1379	earned by the member since such employment or creditable 21
1380	1380	service earned as a member of the general assembly. Years 22
1381	1381	of membership service and twelfths of a year are to be used 23
1382	1382	in calculating any additional annuity except for creditable 24
1383	1383	service earned as a memb er of the general assembly, and such 25
1384	1384	additional annuity shall be based on the type of service 26
1385	1385	accrued. In either event, the original annuity and the 27
1386	1386	additional annuity, if any, shall be paid commencing with 28
1387	1387	the end of the first month after the month d uring which the 29
1388	1388	member's term of office has been completed, or the member's 30
1389	1389	employment terminated. If a retired member is employed by a 31
1390	1390	department in a position that does not normally require the 32
1391	1391	person to perform duties during at least one thousand f orty 33
1392	1392	hours per year, the member shall not be considered an 34
1393	1393	employee as defined pursuant to section 104.010. A retired 35
1394	1394	member who becomes reemployed as an employee on or after 36
1395	1395	August 28, 2001, in a position covered by the Missouri 37
1396	1396	department of transp ortation and highway patrol employees' 38
1397	1397	retirement system shall not be eligible to receive 39
1398	1398	retirement benefits or additional creditable service from 40
1399	1399	the state employees' retirement system. Annual benefit 41
1400	1400	increases paid under section 104.415 shall not a ccrue while 42
1401	1401	a retired member is employed as described in this section 43 HCS SS SB 75 45
1402	1402	except, notwithstanding the provisions of section 105.684 to 44
1403	1403	the contrary, those retired members serving as a member of 45
1404	1404	the general assembly under section 104.370 or an elected 46
1405	1405	state official under section 104.371 . Any future annual 47
1406	1406	benefit increases paid after the member terminates such 48
1407	1407	employment will be paid in the same month as the member's 49
1408	1408	original annual benefit increases were paid. Benefits paid 50
1409	1409	under subsection 3 of sec tion 104.374 are not applicable to 51
1410	1410	any additional annuity paid under this section. 52
1411	1411	104.410. 1. Any uniformed member of the water patrol 1
1412	1412	who shall be affirmatively found by the board to be wholly 2
1413	1413	and permanently incapable of holding any position of gainful 3
1414	1414	employment as a result of injuries or illness incurred in 4
1415	1415	the performance of the member's duties shall be entitled to 5
1416	1416	receive disability benefits in an amount equal to one -half 6
1417	1417	of the compensation that the employee was receiving at the 7
1418	1418	time of the occurrence of the injury entitling the employee 8
1419	1419	to such disability benefits. Any disability benefit payable 9
1420	1420	pursuant to this subsection shall be decreased by any amount 10
1421	1421	paid to such uniformed member of the water patrol by reason 11
1422	1422	of the workers' compensation laws of this state. After 12
1423	1423	termination of payment under workers' compensation, however, 13
1424	1424	any such reduction and disability benefits shall be restored. 14
1425	1425	2. The board of trustees may require a medical 15
1426	1426	examination of any uni formed member of the water patrol who 16
1427	1427	is receiving disability benefits pursuant to this section at 17
1428	1428	any time by a designated physician, and disability benefits 18
1429	1429	shall be discontinued if the board finds that such member is 19
1430	1430	able to perform the duties of th e member's former position, 20
1431	1431	or if such member refuses to submit to such an examination. 21
1432	1432	3. The disability benefits described in this section 22
1433	1433	shall not be paid to any uniformed member of the water 23 HCS SS SB 75 46
1434	1434	patrol who has retained or regained more than fifty percent 24
1435	1435	of the member's earning capacity. If any uniformed member 25
1436	1436	of the water patrol who has been receiving disability 26
1437	1437	benefits again becomes an employee, the member's disability 27
1438	1438	benefits shall be discontinued, the member's prior period of 28
1439	1439	creditable service shall be restored, and any subsequent 29
1440	1440	determination of benefits due the member or the member's 30
1441	1441	survivors shall be based on the sum of the member's 31
1442	1442	creditable service accrued to the date the member's 32
1443	1443	disability benefits commenced and the peri od of creditable 33
1444	1444	service after the member's return to employment. 34
1445	1445	4. Any uniformed member of the water patrol receiving 35
1446	1446	benefits pursuant to the provisions of this section for five 36
1447	1447	or more years immediately prior to attainment of age fifty - 37
1448	1448	five shall be considered a normal retirant at age fifty - 38
1449	1449	five, and may elect, within thirty days preceding the 39
1450	1450	attainment of age fifty -five, option 1 of section 104.395, 40
1451	1451	but only for the member's spouse who was the member's spouse 41
1452	1452	for two or more years prior to the member's attainment of 42
1453	1453	age fifty-five. 43
1454	1454	5. Any member who is receiving disability benefits as 44
1455	1455	of December 31, 1985, or any member who is disabled on 45
1456	1456	December 31, 1985, and would have been entitled to receive 46
1457	1457	disability benefits pursuant to this section as the 47
1458	1458	provisions of this section existed immediately prior to 48
1459	1459	September 28, 1985, shall be eligible to receive or shall 49
1460	1460	continue to receive benefits in accordance with such prior 50
1461	1461	provisions of this section until the member again becomes a n 51
1462	1462	employee; however, all employees of the department of 52
1463	1463	conservation who are disabled shall receive benefits 53
1464	1464	pursuant only to this section or section 104.518, whichever 54
1465	1465	is applicable, and shall not be eligible for benefits under 55 HCS SS SB 75 47
1466	1466	any other plan or prog ram purchased or provided after 56
1467	1467	September 28, 1985. 57
1468	1468	6. Any member who qualifies for disability benefits 58
1469	1469	pursuant to subsection 1 of this section or pursuant to the 59
1470	1470	provisions of section 104.518, or under a long -term 60
1471	1471	disability program provided by the member's employing 61
1472	1472	department as a consequence of employment by the department, 62
1473	1473	shall continue to accrue creditable service based on the 63
1474	1474	member's rate of pay immediately prior to the date the 64
1475	1475	member became disabled in accordance with sections 104. 370, 65
1476	1476	104.371, 104.374 and 104.615, until the date the member's 66
1477	1477	retirement benefit goes into pay status, the disability 67
1478	1478	benefits cease being paid to the member, or the member is no 68
1479	1479	longer disabled, whichever comes first. Persons covered by 69
1480	1480	the provisions of sections 476.515 to 476.565 or sections 70
1481	1481	287.812 to 287.855, who qualify for disability benefits 71
1482	1482	pursuant to the provisions of section 104.518, at the date 72
1483	1483	the person becomes disabled, shall continue to accrue 73
1484	1484	creditable service based on the pers on's rate of pay 74
1485	1485	immediately prior to the date the person becomes disabled 75
1486	1486	until the date the person's retirement benefit goes into pay 76
1487	1487	status, the disability benefits cease being paid to the 77
1488	1488	person or the person is no longer disabled, whichever comes 78
1489	1489	first. Members or persons continuing to accrue creditable 79
1490	1490	service pursuant to this subsection shall be entitled to 80
1491	1491	continue their life insurance coverage subject to the 81
1492	1492	provisions of the life insurance plan administered by the 82
1493	1493	board pursuant to secti on 104.517. The rate of pay for 83
1494	1494	purposes of calculating retirement benefits for a member or 84
1495	1495	person described in this subsection who becomes disabled and 85
1496	1496	retires on or after August 28, 1999, shall be the member's 86
1497	1497	or person's regular monthly compensatio n received at the 87 HCS SS SB 75 48
1498	1498	time of disablement, increased thereafter for any increases 88
1499	1499	in the consumer price index. Such increases in the member's 89
1500	1500	monthly pay shall be made annually beginning twelve months 90
1501	1501	after disablement and shall be equal to eighty percent of 91
1502	1502	the increase in the consumer price index during the calendar 92
1503	1503	year prior to the adjustment, but not more than five percent 93
1504	1504	of the member's monthly pay immediately before the 94
1505	1505	increase. Such accruals shall continue until the earliest 95
1506	1506	of: receipt of an early retirement annuity, attainment of 96
1507	1507	normal retirement eligibility or termination of disability 97
1508	1508	benefits. 98
1509	1509	7. A member or person who continues to be disabled as 99
1510	1510	provided in subsection 6 of this section until the member's 100
1511	1511	normal retirement age shall be eligible to retire on the 101
1512	1512	first day of the month next following the member's or 102
1513	1513	person's final payment pursuant to section 104.518 or, if 103
1514	1514	applicable, subsection 1 of this section. A member or 104
1515	1515	person who retires pursuant to this subsection shall receive 105
1516	1516	the greater of the normal annuity or the minimum annuity, if 106
1517	1517	applicable, determined pursuant to sections 104.370, 107
1518	1518	104.371, 104.374 and 104.615, and section 287.820, and 108
1519	1519	section 476.530 as if the member or person had continued in 109
1520	1520	the active employ of the employer until the member's or 110
1521	1521	person's retirement benefit goes into pay status, the 111
1522	1522	disability benefits cease being paid to the member or 112
1523	1523	person, or the member or person is no longer disabled, 113
1524	1524	whichever comes first and the member's or person's 114
1525	1525	compensation for such period had been the member's or 115
1526	1526	person's rate of pay immediately preceding the date the 116
1527	1527	member or person became disabled. 117
1528	1528	8. If a member who has been disabled becomes an 118
1529	1529	employee again and if the member was disable d during the 119 HCS SS SB 75 49
1530	1530	entire period of the member's absence, then the member shall 120
1531	1531	resume active participation as of the date of reemployment. 121
1532	1532	Such a member shall receive creditable service for the 122
1533	1533	entire period the member was disabled as provided in 123
1534	1534	subsection 6 of this section. 124
1535	1535	9. If a member ceases to be disabled and if the member 125
1536	1536	does not return to work as provided in subsection 8 of this 126
1537	1537	section, the member's rights to further benefits shall be 127
1538	1538	determined in accordance with sections 104.335, 104. 380, 128
1539	1539	104.400, 104.420 and 104.615 as though the member had 129
1540	1540	withdrawn from service as of the date the member ceased to 130
1541	1541	be disabled, as determined by the system. 131
1542	1542	10. Members of the general assembly who are accruing 132
1543	1543	service under subsection 6 of thi s section shall continue to 133
1544	1544	accrue service until the earliest of attainment of normal 134
1545	1545	retirement age eligibility, termination of disability 135
1546	1546	benefits, or the end of the member's constitutionally 136
1547	1547	mandated limit on service as a member of the general 137
1548	1548	assembly for the chamber in which the member was serving at 138
1549	1549	the time of disablement. 139
1550	1550	11. Statewide elected officials who are accruing 140
1551	1551	service under subsection 6 of this section shall continue to 141
1552	1552	accrue service until the earliest of attainment of norma l 142
1553	1553	retirement age eligibility, termination of disability 143
1554	1554	benefits, or the end of the statewide elected official's 144
1555	1555	constitutionally mandated limit on service as a statewide 145
1556	1556	elected official for the office in which the statewide 146
1557	1557	elected official was serv ing at the time of disablement. 147
1558	1558	104.436. 1. The board intends to follow a financing 1
1559	1559	pattern which computes and requires contribution amounts 2
1560	1560	which, expressed as percents of active member payroll, will 3
1561	1561	remain approximately level from year to year and from one 4 HCS SS SB 75 50
1562	1562	generation of citizens to the next generation. Such 5
1563	1563	contribution determinations require regular actuarial 6
1564	1564	valuations, which shall be made by the board's actuary, 7
1565	1565	using assumptions and methods adopted by the board after 8
1566	1566	consulting with its actuary. The entry age normal cost 9
1567	1567	valuation method shall be used in determining the normal 10
1568	1568	cost[, and contributions for unfunded accrued liabilities 11
1569	1569	shall be determined using level percent -of-payroll 12
1570	1570	amortization] calculation. 13
1571	1571	2. At least ninety days before each regular session of 14
1572	1572	the general assembly, the board shall certify to the 15
1573	1573	division of budget the contribution rate necessary to cover 16
1574	1574	the liabilities of the plan administered by the system, 17
1575	1575	including costs of administra tion, expected to accrue during 18
1576	1576	the next appropriation period. The commissioner of 19
1577	1577	administration shall request appropriation of the amount 20
1578	1578	calculated pursuant to the provisions of this subsection. 21
1579	1579	Following each pay period, the commissioner of 22
1580	1580	administration shall requisition and certify the payment to 23
1581	1581	the executive director of the Missouri state employees' 24
1582	1582	retirement system. The executive director shall promptly 25
1583	1583	deposit the amounts certified to the credit of the Missouri 26
1584	1584	state employees' retir ement fund. 27
1585	1585	3. The employers of members of the system who are not 28
1586	1586	paid out of funds that have been deposited in the state 29
1587	1587	treasury shall remit promptly to the executive director an 30
1588	1588	amount equal to the amount which the state would have paid 31
1589	1589	if those members had been paid entirely from state funds. 32
1590	1590	The executive director shall promptly deposit the amounts 33
1591	1591	certified to the credit of the Missouri state employees' 34
1592	1592	retirement system fund. 35 HCS SS SB 75 51
1593	1593	4. These amounts are funds of the system, and shall 36
1594	1594	not be commingled with any funds in the state treasury. 37
1595	1595	104.490. 1. Should any error result in any member or 1
1596	1596	beneficiary receiving more or less than he or she would have 2
1597	1597	been entitled to receive had the error not occurred, the 3
1598	1598	board shall correct such error, and, as far as practicable, 4
1599	1599	make future payments in such a manner that the actuarial 5
1600	1600	equivalent of the benefit to which such member or 6
1601	1601	beneficiary was entitled shall be paid, and to this end may 7
1602	1602	recover any overpayments. In all cases in which such error 8
1603	1603	has been made, no such error shall be corrected unless the 9
1604	1604	system discovers or is notified of such error within ten 10
1605	1605	years after the [initial] member's annuity starting date or 11
1606	1606	date of error, whichever occurs later. In cases of fraud, 12
1607	1607	any error discovered shall be corrected without concern to 13
1608	1608	the amount of time that has passed . 14
1609	1609	2. A person who knowingly makes a false statement, or 15
1610	1610	falsifies or permits to be falsified a record of the system, 16
1611	1611	in an attempt to defraud the system is subject to fine or 17
1612	1612	imprisonment pursuant to the Missouri revised statutes. 18
1613	1613	3. The board of trustees of the Missouri state 19
1614	1614	employees' retirement system shall cease paying benefits to 20
1615	1615	any survivor or beneficiary who is charged with the 21
1616	1616	intentional killing of a member without legal excuse or 22
1617	1617	justification. A survivor or beneficiary who is convicted 23
1618	1618	of such charge shall no longer be entitled to receive 24
1619	1619	benefits. If the survivor or beneficiary is not convicted 25
1620	1620	of such charge, the bo ard shall resume payment of benefits 26
1621	1621	and shall pay the survivor or beneficiary any benefits that 27
1622	1622	were suspended pending resolution of such charge. 28
1623	1623	104.515. 1. Separate accounts for medical, life 1
1624	1624	insurance and disability benefits pro vided pursuant to 2 HCS SS SB 75 52
1625	1625	sections 104.517 and 104.518 shall be established as part of 3
1626	1626	the fund. The funds, property and return on investments of 4
1627	1627	the separate account shall not be commingled with any other 5
1628	1628	funds, property and investment return of the system. All 6
1629	1629	benefits and premiums are paid solely from the separate 7
1630	1630	account for medical, life insurance and disability benefits 8
1631	1631	provided pursuant to this section. 9
1632	1632	2. The state shall contribute an amount as 10
1633	1633	appropriated by law and approved by the governo r per month 11
1634	1634	for medical benefits, life insurance and long -term 12
1635	1635	disability benefits as provided pursuant to this section and 13
1636	1636	sections 104.517 and 104.518. Such amounts shall include 14
1637	1637	the cost of providing life insurance benefits for each 15
1638	1638	active employee who is a member of the Missouri state 16
1639	1639	employees' retirement system, a member of the public school 17
1640	1640	retirement system and who is employed by a state agency 18
1641	1641	other than an institution of higher learning, a member of 19
1642	1642	the retirement system established by s ections 287.812 to 20
1643	1643	287.855, the judicial retirement system, each legislator and 21
1644	1644	official holding an elective state office, members not on 22
1645	1645	payroll status who are receiving workers' compensation 23
1646	1646	benefits, and if the state highways and transportation 24
1647	1647	commission so elects, those employees who are members of the 25
1648	1648	state transportation department employees' and highway 26
1649	1649	patrol retirement system; if the state highways and 27
1650	1650	transportation commission so elects to join the plan, the 28
1651	1651	state shall contribute an amo unt as appropriated by law for 29
1652	1652	medical benefits for those employees who are members of the 30
1653	1653	transportation department employees' and highway patrol 31
1654	1654	retirement system; an additional amount equal to the amount 32
1655	1655	required, based on competitive bidding or det ermined 33
1656	1656	actuarially, to fund the retired members' death benefit or 34 HCS SS SB 75 53
1657	1657	life insurance benefit, or both, provided in subsection 4 of 35
1658	1658	this section and the disability benefits provided in section 36
1659	1659	104.518. This amount shall be reported as a separate item 37
1660	1660	in the monthly certification of required contributions which 38
1661	1661	the commissioner of administration submits to the state 39
1662	1662	treasurer and shall be deposited to the separate account for 40
1663	1663	medical, life insurance and disability benefits. All 41
1664	1664	contributions made on b ehalf of members of the state 42
1665	1665	transportation department employees' and highway patrol 43
1666	1666	retirement system shall be made from highway funds. If the 44
1667	1667	highways and transportation commission so elects, the 45
1668	1668	spouses and unemancipated children under twenty -three years 46
1669	1669	of age of employees who are members of the state 47
1670	1670	transportation department employees' and highway patrol 48
1671	1671	retirement system shall be able to participate in the 49
1672	1672	program of insurance benefits to cover medical expenses 50
1673	1673	pursuant to the provisions o f subsection 3 of this section. 51
1674	1674	3. The board shall determine the premium amounts 52
1675	1675	required for participating employees. The premium amounts 53
1676	1676	shall be the amount, which, together with the state's 54
1677	1677	contribution, is required to fund the benefits provid ed, 55
1678	1678	taking into account necessary actuarial reserves. Separate 56
1679	1679	premiums shall be established for employees' benefits and a 57
1680	1680	separate premium or schedule of premiums shall be 58
1681	1681	established for benefits for spouses and unemancipated 59
1682	1682	children under twenty -three years of age of participating 60
1683	1683	employees. The employee's premiums for spouse and children 61
1684	1684	benefits shall be established to cover that portion of the 62
1685	1685	cost of such benefits which is not paid for by contributions 63
1686	1686	by the state. All such premium amou nts shall be paid to the 64
1687	1687	board of trustees at the time that each employee's wages or 65
1688	1688	salary would normally be paid. The premium amounts so 66 HCS SS SB 75 54
1689	1689	remitted will be placed in the separate account for medical, 67
1690	1690	life insurance and disability benefits. In lieu of the 68
1691	1691	availability of premium deductions, the board may establish 69
1692	1692	alternative methods for the collection of premium amounts. 70
1693	1693	4. Each special consultant eligible for life benefits 71
1694	1694	employed by a board of trustees of a retirement system as 72
1695	1695	provided in section 104.610 who is a member of the Missouri 73
1696	1696	state life insurance plan or Missouri state transportation 74
1697	1697	department and Missouri state highway patrol life insurance 75
1698	1698	plan shall, in addition to duties prescribed in section 76
1699	1699	104.610 or any other law, a nd upon request of the board of 77
1700	1700	trustees, give the board, orally or in writing, a short 78
1701	1701	detailed statement on life insurance and death benefit 79
1702	1702	problems affecting retirees. As compensation for the extra 80
1703	1703	duty imposed by this subsection, any special cons ultant as 81
1704	1704	defined above, other than a special consultant entitled to a 82
1705	1705	deferred normal annuity pursuant to section 104.035 or 83
1706	1706	104.335, who retires on or after September 28, 1985, shall 84
1707	1707	receive as a part of compensation for these extra duties, a 85
1708	1708	death benefit of five thousand dollars, and any special 86
1709	1709	consultant who terminates employment on or after August 28, 87
1710	1710	1999, after reaching normal or early retirement age and 88
1711	1711	becomes a retiree within [sixty] sixty-five days of such 89
1712	1712	termination shall receive fiv e thousand dollars of life 90
1713	1713	insurance coverage. In addition, each special consultant 91
1714	1714	who is a member of the transportation department employees' 92
1715	1715	and highway patrol retirement system medical insurance plan 93
1716	1716	shall also provide the board, upon request of t he board, 94
1717	1717	orally or in writing, a short detailed statement on 95
1718	1718	physical, medical and health problems affecting retirees. 96
1719	1719	As compensation for this extra duty, each special consultant 97
1720	1720	as defined above shall receive, in addition to all other 98 HCS SS SB 75 55
1721	1721	compensation provided by law, nine dollars, or an amount 99
1722	1722	equivalent to that provided to other special consultants 100
1723	1723	pursuant to the provisions of section 103.115. In addition, 101
1724	1724	any special consultant as defined in section 287.820 or 102
1725	1725	section 476.601 who terminates em ployment and immediately 103
1726	1726	retires on or after August 28, 1995, shall receive as a part 104
1727	1727	of compensation for these duties, a death benefit of five 105
1728	1728	thousand dollars and any special consultant who terminates 106
1729	1729	employment on or after August 28, 1999, after rea ching the 107
1730	1730	age of eligibility to receive retirement benefits and 108
1731	1731	becomes a retiree within [sixty] sixty-five days of such 109
1732	1732	termination shall receive five thousand dollars of life 110
1733	1733	insurance coverage. 111
1734	1734	5. Any former employee who is receiving disabilit y 112
1735	1735	income benefits from the Missouri state employees' 113
1736	1736	retirement system or the transportation department 114
1737	1737	employees' and highway patrol retirement system shall, upon 115
1738	1738	application with the board of trustees of the Missouri 116
1739	1739	consolidated health care plan or the transportation 117
1740	1740	department employees and highway patrol medical plan, be 118
1741	1741	made, constituted, appointed and employed by the respective 119
1742	1742	board as a special consultant on the problems of the health 120
1743	1743	of disability income recipients and, upon request of th e 121
1744	1744	board of trustees of each medical plan, give the board, 122
1745	1745	orally or in writing, a short detailed statement of 123
1746	1746	physical, medical and health problems affecting disability 124
1747	1747	income recipients. As compensation for the extra duty 125
1748	1748	imposed by this subsection, each such special consultant as 126
1749	1749	defined in this subsection may receive, in addition to all 127
1750	1750	other compensation provided by law, an amount contributed 128
1751	1751	toward medical benefits coverage provided by the Missouri 129
1752	1752	consolidated health care plan or the transpo rtation 130 HCS SS SB 75 56
1753	1753	employees and highway patrol medical plan pursuant to 131
1754	1754	appropriations. 132
1755	1755	104.625. Effective July 1, 2002, any member retiring 1
1756	1756	pursuant to the provisions of sections 104.010 to 104.801, 2
1757	1757	except an elected official or a member of the general 3
1758	1758	assembly, who has not been paid retirement benefits and 4
1759	1759	continues employment for at least two years beyond normal 5
1760	1760	retirement age, may elect to receive an annuity and lump sum 6
1761	1761	payment or payments, determined as follows: 7
1762	1762	(1) A retroactive starting date shall be established 8
1763	1763	which shall be a date selected by the member; provided, 9
1764	1764	however, that the retroactive starting date selected by the 10
1765	1765	member shall not be a date which is earlier than the date 11
1766	1766	when a normal annuity would have first b een payable. In 12
1767	1767	addition, the retroactive starting date shall not be more 13
1768	1768	than five years prior to the annuity starting date, which 14
1769	1769	shall be the first day of the month with respect to which an 15
1770	1770	amount is paid as an annuity pursuant to this section. The 16
1771	1771	member's selection of a retroactive starting date shall be 17
1772	1772	done in twelve-month increments, except this restriction 18
1773	1773	shall not apply when the member selects the total available 19
1774	1774	time between the retroactive starting date and the annuity 20
1775	1775	starting date; 21
1776	1776	(2) The prospective annuity payable as of the annuity 22
1777	1777	starting date shall be determined pursuant to the provisions 23
1778	1778	otherwise applicable under the law, with the exception that 24
1779	1779	it shall be the amount which would have been payable had the 25
1780	1780	member actually retired on the retroactive starting date 26
1781	1781	under the retirement plan selected by the member. Other 27
1782	1782	than for the lump sum payment or payments specified in 28
1783	1783	subdivision (3) of this section, no other amount shall be 29 HCS SS SB 75 57
1784	1784	due for the period between the ret roactive starting date and 30
1785	1785	the annuity starting date; 31
1786	1786	(3) The lump sum payable shall be ninety percent of 32
1787	1787	the annuity amounts which would have been paid to the member 33
1788	1788	from the retroactive starting date to the annuity starting 34
1789	1789	date had the member actually retired on the retroactive 35
1790	1790	starting date and received a normal annuity. The member 36
1791	1791	shall [elect to] receive the lump sum amount [either] in its 37
1792	1792	entirety at the same time as the initial annuity payment is 38
1793	1793	made [or in three equal annual install ments with the first 39
1794	1794	payment made at the same time as the initial annuity 40
1795	1795	payment]; and 41
1796	1796	(4) [Any annuity payable pursuant to this section that 42
1797	1797	is subject to a division of benefit order pursuant to 43
1798	1798	section 104.312 shall be calculated as follows: 44
1799	1799	(a) Any service of a member between the retroactive 45
1800	1800	starting date and the annuity starting date shall not be 46
1801	1801	considered creditable service except for purposes of 47
1802	1802	calculating the division of benefit; and 48
1803	1803	(b) The lump sum payment described in s ubdivision (3) 49
1804	1804	of this section shall not be subject to any division of 50
1805	1805	benefit order; and 51
1806	1806	(5)] For purposes of determining annual benefit 52
1807	1807	increases payable as part of the lump sum and annuity 53
1808	1808	provided pursuant to this section, the retroactive sta rting 54
1809	1809	date shall be considered the member's date of retirement. 55
1810	1810	104.810. 1. Employees of the Missouri state water 1
1811	1811	patrol who are earning creditable service in the closed plan 2
1812	1812	of the Missouri state employees' retirement system and wh o 3
1813	1813	are transferred to the division of water patrol with the 4
1814	1814	Missouri state highway patrol shall elect within ninety days 5
1815	1815	of January 1, 2011, to either remain a member of the 6 HCS SS SB 75 58
1816	1816	Missouri state employees' retirement system or transfer 7
1817	1817	membership and credita ble service to the closed plan of the 8
1818	1818	Missouri department of transportation and highway patrol 9
1819	1819	employees' retirement system. The election shall be made in 10
1820	1820	writing after the employee has received a detailed analysis 11
1821	1821	comparing retirement, life insurance , disability benefits, 12
1822	1822	and medical benefits of a member of the Missouri state 13
1823	1823	employees' retirement system with the corresponding benefits 14
1824	1824	provided an employee of the highway patrol covered by the 15
1825	1825	closed plan of the Missouri department of transportatio n and 16
1826	1826	highway patrol employees' retirement system. In electing 17
1827	1827	plan membership the employee shall acknowledge and agree 18
1828	1828	that an election made under this subsection is irrevocable, 19
1829	1829	and constitutes a waiver to receive retirement, life 20
1830	1830	insurance, disability benefits, and medical benefits except 21
1831	1831	as provided by the system elected by the employee. 22
1832	1832	Furthermore, in connection with the election, the employee 23
1833	1833	shall be required to acknowledge that the benefits provided 24
1834	1834	by virtue of membership in either syst em, and any associated 25
1835	1835	costs to the employee, may be different now or in the future 26
1836	1836	as a result of the election and that the employee agrees to 27
1837	1837	hold both systems harmless with regard to benefit 28
1838	1838	differences resulting from the election. In the event an 29
1839	1839	employee terminates employment and later returns to the same 30
1840	1840	position, the employee shall be a member of the system in 31
1841	1841	which he or she was a member prior to termination. If the 32
1842	1842	employee returns to any other position, the employee shall 33
1843	1843	be a member of the system that currently covers that 34
1844	1844	position. 35
1845	1845	2. Employees of the Missouri state water patrol who 36
1846	1846	are earning credited service in the year 2000 plan of the 37
1847	1847	Missouri state employees' retirement system and who are 38 HCS SS SB 75 59
1848	1848	transferred to the division of water patrol with the 39
1849	1849	Missouri state highway patrol shall elect within ninety days 40
1850	1850	of January 1, 2011, to either remain a member of the 41
1851	1851	Missouri state employees' retirement system or transfer 42
1852	1852	membership and creditable service to the year 2000 plan of 43
1853	1853	the Missouri department of transportation and highway patrol 44
1854	1854	employees' retirement system. The election shall be made in 45
1855	1855	writing after the employee has received a detailed analysis 46
1856	1856	comparing retirement, life insurance, disability benefits, 47
1857	1857	and medical benefits of a member of the Missouri state 48
1858	1858	employees' retirement system with the corresponding benefits 49
1859	1859	provided an employee of the highway patrol covered by the 50
1860	1860	year 2000 plan of the Missouri department of transportation 51
1861	1861	and highway patrol employees' retirement system. In 52
1862	1862	electing plan membership the employee shall acknowledge and 53
1863	1863	agree that an election made under this subsection is 54
1864	1864	irrevocable, and constitutes a waiver to receive retirement, 55
1865	1865	life insurance, disability benefits, and medical benef its 56
1866	1866	except as provided by the system elected by the employee. 57
1867	1867	Furthermore, in connection with the election, the employee 58
1868	1868	shall be required to acknowledge that the benefits provided 59
1869	1869	by virtue of membership in either system, and any associated 60
1870	1870	costs to the employee, may be different now or in the future 61
1871	1871	as a result of the election and that the employee agrees to 62
1872	1872	hold both systems harmless with regard to benefit 63
1873	1873	differences resulting from the election. 64
1874	1874	3. The Missouri state employees' retirement system 65
1875	1875	shall pay to the Missouri department of transportation and 66
1876	1876	highway patrol employees' retirement system, by June 30, 67
1877	1877	2011, an amount actuarially determined to equal the 68
1878	1878	liability at the time of the transfer for any employee who 69
1879	1879	elects under subsection 1 or 2 of this section to transfer 70 HCS SS SB 75 60
1880	1880	to the Missouri department of transportation and highway 71
1881	1881	patrol employees' retirement system, to the extent that 72
1882	1882	liability is funded as of the most recent actuarial 73
1883	1883	valuation and based on the actuarial value o f assets not to 74
1884	1884	exceed one hundred percent. 75
1885	1885	4. In no event shall any employee receive service 76
1886	1886	credit for the same period of service under more than one 77
1887	1887	retirement system as a result of the provisions of this 78
1888	1888	section. 79
1889	1889	5. The only medical cov erage available for any 80
1890	1890	employee who elects under subsection 1 or 2 of this section 81
1891	1891	to transfer to the Missouri department of transportation and 82
1892	1892	highway patrol employees' retirement system shall be the 83
1893	1893	medical coverage provided in section 104.270. The effective 84
1894	1894	date for commencement of medical coverage shall be July 1, 85
1895	1895	2011. However, this does not preclude medical coverage for 86
1896	1896	the transferred employee as a dependent under any other 87
1897	1897	health care plan. 88
1898	1898	6. Any employee who elects under subsectio n 1 or 2 of 89
1899	1899	this section to transfer to the Missouri department of 90
1900	1900	transportation and highway patrol employees' retirement 91
1901	1901	system and who is also thereafter a uniformed member of the 92
1902	1902	highway patrol shall be subject to the mandatory retirement 93
1903	1903	age stated in section 104.081. 94
1904	1904	104.1003. 1. Unless a different meaning is plainly 1
1905	1905	required by the context, the following words and phrases as 2
1906	1906	used in sections 104.1003 to 104.1093 shall mean: 3
1907	1907	(1) "Act", the year 2000 plan created by se ctions 4
1908	1908	104.1003 to 104.1093; 5
1909	1909	(2) "Actuary", an actuary who is experienced in 6
1910	1910	retirement plan financing and who is either a member of the 7 HCS SS SB 75 61
1911	1911	American Academy of Actuaries or an enrolled actuary under 8
1912	1912	the Employee Retirement Income Security Act of 197 4; 9
1913	1913	(3) "Annuity", annual benefit amounts, paid in equal 10
1914	1914	monthly installments, from funds provided for in, or 11
1915	1915	authorized by, sections 104.1003 to 104.1093; 12
1916	1916	(4) "Annuity starting date" means the first day of the 13
1917	1917	first month with respect to whi ch an amount is paid as an 14
1918	1918	annuity pursuant to sections 104.1003 to 104.1093; 15
1919	1919	(5) "Beneficiary", any persons or entities entitled to 16
1920	1920	receive an annuity or other benefit pursuant to sections 17
1921	1921	104.1003 to 104.1093 based upon the employment record of 18
1922	1922	another person; 19
1923	1923	(6) "Board of trustees", "board", or "trustees", a 20
1924	1924	governing body or bodies established for the year 2000 plan 21
1925	1925	pursuant to sections 104.1003 to 104.1093; 22
1926	1926	(7) "Closed plan", a benefit plan created pursuant to 23
1927	1927	this chapter and administered by a system prior to July 1, 24
1928	1928	2000. No person first employed on or after July 1, 2000, 25
1929	1929	shall become a member of the closed plan, but the closed 26
1930	1930	plan shall continue to function for the benefit of persons 27
1931	1931	covered by and remaining in the clo sed plan and their 28
1932	1932	beneficiaries; 29
1933	1933	(8) "Consumer price index", the Consumer Price Index 30
1934	1934	for All Urban Consumers for the United States, or its 31
1935	1935	successor index, as approved by the board, as such index is 32
1936	1936	defined and officially reported by the United States 33
1937	1937	Department of Labor, or its successor agency; 34
1938	1938	(9) "Credited service", the total credited service to 35
1939	1939	a member's credit as provided in sections 104.1003 to 36
1940	1940	104.1093; except that in no case shall more than one day of 37
1941	1941	credited service be cred ited to any member or vested former 38 HCS SS SB 75 62
1942	1942	member for any one calendar day of eligible credit as 39
1943	1943	provided by law; 40
1944	1944	(10) "Department", any department or agency of the 41
1945	1945	executive, legislative, or judicial branch of the state of 42
1946	1946	Missouri receiving state appr opriations, including allocated 43
1947	1947	funds from the federal government but not including any body 44
1948	1948	corporate or politic unless its employees are eligible for 45
1949	1949	retirement coverage from a system pursuant to this chapter 46
1950	1950	as otherwise provided by law; 47
1951	1951	(11) "Early retirement eligibility", a member's 48
1952	1952	attainment of fifty-seven years of age and the completion of 49
1953	1953	at least five years of credited service; 50
1954	1954	(12) "Effective date", July 1, 2000; 51
1955	1955	(13) "Employee" shall be any person who is employed by 52
1956	1956	a department and is paid a salary or wage by a department in 53
1957	1957	a position normally requiring the performance of duties of 54
1958	1958	not less than one thousand forty hours per year, provided: 55
1959	1959	(a) The term "employee" shall not include any patient 56
1960	1960	or inmate of any state, charitable, penal or correctional 57
1961	1961	institution, or any person who is employed by a department 58
1962	1962	in a position that is covered by a state -sponsored defined 59
1963	1963	benefit retirement plan not created by this chapter; 60
1964	1964	(b) The term "employee" shall be mod ified as provided 61
1965	1965	by other provisions of sections 104.1003 to 104.1093; 62
1966	1966	(c) The system shall consider a person who is employed 63
1967	1967	in multiple positions simultaneously within a single agency 64
1968	1968	to be working in a single position for purposes of 65
1969	1969	determining whether the person is an employee as defined in 66
1970	1970	this subdivision; 67
1971	1971	(d) [Beginning September 1, 2001, the term "year" as 68
1972	1972	used in this subdivision shall mean the twelve -month period 69
1973	1973	beginning on the first day of employment; 70 HCS SS SB 75 63
1974	1974	(e)] The term "employee" shall include any person as 71
1975	1975	defined under paragraph (b) of subdivision (21) of 72
1976	1976	subsection 1 of section 104.010 who is first employed on or 73
1977	1977	after July 1, 2000, but prior to August 28, 2007; 74
1978	1978	(14) "Employer", a department; 75
1979	1979	(15) "Executive director", the executive director 76
1980	1980	employed by a board established pursuant to the provisions 77
1981	1981	of sections 104.1003 to 104.1093; 78
1982	1982	(16) "Final average pay", the average pay of a member 79
1983	1983	for the thirty-six full consecutive months of service before 80
1984	1984	termination of employment when the member's pay was 81
1985	1985	greatest; or if the member was on workers' compensation 82
1986	1986	leave of absence or a medical leave of absence due to an 83
1987	1987	employee illness, the amount of pay the member would have 84
1988	1988	received but for such leave o f absence as reported and 85
1989	1989	verified by the employing department; or if the member was 86
1990	1990	employed for less than thirty -six months, the average 87
1991	1991	monthly pay of a member during the period for which the 88
1992	1992	member was employed. The board of each system may 89
1993	1993	promulgate rules for purposes of calculating final average 90
1994	1994	pay and other retirement provisions to accommodate for any 91
1995	1995	state payroll system in which pay is received on a monthly, 92
1996	1996	semimonthly, biweekly, or other basis; 93
1997	1997	(17) "Fund", a fund of the year 200 0 plan established 94
1998	1998	pursuant to sections 104.1003 to 104.1093; 95
1999	1999	(18) "Investment return", or "interest", rates as 96
2000	2000	shall be determined and prescribed from time to time by a 97
2001	2001	board; 98
2002	2002	(19) "Member", a person who is included in the 99
2003	2003	membership of the system, as set forth in section 104.1009; 100
2004	2004	(20) "Normal retirement eligibility", a member's 101
2005	2005	attainment of at least sixty -two years of age and the 102 HCS SS SB 75 64
2006	2006	completion of at least five or more years of credited 103
2007	2007	service or, the attainment of at least forty -eight years of 104
2008	2008	age with a total of years of age and years of credited 105
2009	2009	service which is at least eighty or, in the case of a member 106
2010	2010	of the highway patrol who shall be subject to the mandatory 107
2011	2011	retirement provisions of section [104.080] 104.081, the 108
2012	2012	mandatory retirement age and completion of five years of 109
2013	2013	credited service or, the attainment of at least forty -eight 110
2014	2014	years of age with a total of years of age and years of 111
2015	2015	credited service which is at least eighty; 112
2016	2016	(21) "Pay" shall include: 113
2017	2017	(a) All salary and wages payable to an employee for 114
2018	2018	personal services performed for a department; but excluding: 115
2019	2019	a. Any amounts paid after an employee's employment is 116
2020	2020	terminated, unless the payment is made as a final 117
2021	2021	installment of salary or wages at t he same rate as in effect 118
2022	2022	immediately prior to termination of employment in accordance 119
2023	2023	with a state payroll system adopted on or after January 1, 120
2024	2024	2000; 121
2025	2025	b. Any amounts paid upon termination of employment for 122
2026	2026	unused annual leave or unused sick leav e; 123
2027	2027	c. Pay in excess of the limitations set forth in 124
2028	2028	Section 401(a)(17) of the Internal Revenue Code of 1986 as 125
2029	2029	amended and other applicable federal laws or regulations; 126
2030	2030	d. Any nonrecurring single sum payments; and 127
2031	2031	e. Any amounts for which contributions have not been 128
2032	2032	made in accordance with section 104.1066; 129
2033	2033	(b) All salary and wages which would have been payable 130
2034	2034	to an employee on workers' compensation leave of absence 131
2035	2035	during the period the employee is receiving a weekly 132
2036	2036	workers' compensation benefit, as reported and verified by 133
2037	2037	the employing department; 134 HCS SS SB 75 65
2038	2038	(c) All salary and wages which would have been payable 135
2039	2039	to an employee on a medical leave due to employee illness, 136
2040	2040	as reported and verified by the employing department; 137
2041	2041	(d) For purposes of members of the general assembly, 138
2042	2042	pay shall be the annual salary provided to each senator and 139
2043	2043	representative pursuant to section 21.140, plus any salary 140
2044	2044	adjustment pursuant to section 21.140; 141
2045	2045	(e) The board by its rules may f urther define "pay" in 142
2046	2046	a manner consistent with this definition; 143
2047	2047	(22) "Retiree", a person receiving an annuity from the 144
2048	2048	year 2000 plan based upon the person's employment record; 145
2049	2049	(23) "State", the state of Missouri; 146
2050	2050	(24) "System" or "retirement system", the Missouri 147
2051	2051	state employees' retirement system or the Missouri 148
2052	2052	department of transportation and highway patrol employees' 149
2053	2053	retirement system, as the case may be; 150
2054	2054	(25) "Vested former member", a person entitled to 151
2055	2055	receive a deferred annuity pursuant to section 104.1036; 152
2056	2056	(26) "Year 2000 plan", the benefit plan created by 153
2057	2057	sections 104.1003 to 104.1093. 154
2058	2058	2. Benefits paid under the provisions of this chapter 155
2059	2059	shall not exceed the limitations of Internal Revenue Code 156
2060	2060	Section 415, the provisions of which are hereby incorporated 157
2061	2061	by reference. Notwithstanding any other law to the 158
2062	2062	contrary, the board of trustees may establish a benefit plan 159
2063	2063	under Section 415(m) of the Internal Revenue Code of 1986, 160
2064	2064	as amended. Such plan shall be created solely for the 161
2065	2065	purposes described in Section 415(m)(3)(A) of the Internal 162
2066	2066	Revenue Code of 1986, as amended. The board of trustees may 163
2067	2067	promulgate regulations necessary to implement the provisions 164
2068	2068	of this subsection and to create and admin ister such benefit 165
2069	2069	plan. 166 HCS SS SB 75 66
2070	2070	104.1018. 1. When a member is no longer employed in a 1
2071	2071	position covered by the system, membership in the system 2
2072	2072	shall thereupon cease. If a member has five or more years 3
2073	2073	of credited service upon such member 's termination of 4
2074	2074	membership, such member shall be a vested former member 5
2075	2075	entitled to a deferred annuity pursuant to section 104.1036 , 6
2076	2076	except as otherwise provided in subsection 7 of section 7
2077	2077	104.1024. If a member has fewer than five years of credited 8
2078	2078	service upon termination of membership, such former member's 9
2079	2079	credited service shall be forfeited, provided that if such 10
2080	2080	former member becomes reemployed in a position covered by 11
2081	2081	the system, such former member shall again become a member 12
2082	2082	of the system and the forfeited credited service shall be 13
2083	2083	restored after receiving creditable service continuously for 14
2084	2084	one year. 15
2085	2085	2. Upon a member becoming a retiree, membership shall 16
2086	2086	cease and, except as otherwise provided in section 104.1039, 17
2087	2087	the person shall not again become a member of the system. 18
2088	2088	3. If a vested former member becomes reemployed in a 19
2089	2089	position covered by the system before such vested former 20
2090	2090	member's annuity starting date, membership shall be restored 21
2091	2091	with the previous credited service and increased by such 22
2092	2092	reemployment. 23
2093	2093	104.1024. 1. Any member who terminates employment may 1
2094	2094	retire on or after attaining normal retirement eligibility 2
2095	2095	by making application in written form and manner approved by 3
2096	2096	the appropriate boar d. The written application shall set 4
2097	2097	forth the annuity starting date which shall not be earlier 5
2098	2098	than the first day of the second month following the month 6
2099	2099	of the execution and filing of the member's application for 7
2100	2100	retirement nor later than the first day of the fourth month 8
2101	2101	following the month of the execution and filing of the 9 HCS SS SB 75 67
2102	2102	member's application for retirement. The payment of the 10
2103	2103	annuity shall be made the last working day of each month, 11
2104	2104	providing all documentation required under section 104.102 7 12
2105	2105	for the calculation and payment of the benefits is received 13
2106	2106	by the board. 14
2107	2107	2. A member's annuity shall be paid in the form of a 15
2108	2108	life annuity, except as provided in section 104.1027, and 16
2109	2109	shall be an amount for life equal to one and seven -tenths 17
2110	2110	percent of the final average pay of the member multiplied by 18
2111	2111	the member's years of credited service. 19
2112	2112	3. The life annuity defined in subsection 2 of this 20
2113	2113	section shall not be less than a monthly amount equal to 21
2114	2114	fifteen dollars multiplied by the mem ber's full years of 22
2115	2115	credited service. 23
2116	2116	4. If as of the annuity starting date of a member who 24
2117	2117	has attained normal retirement eligibility the sum of the 25
2118	2118	member's years of age and years of credited service equals 26
2119	2119	eighty or more years and if the membe r's age is at least 27
2120	2120	forty-eight years but less than sixty -two years, or, in the 28
2121	2121	case of a member of the highway patrol who shall be subject 29
2122	2122	to the mandatory retirement provision of section [104.080] 30
2123	2123	104.081, the mandatory retirement age and completion of five 31
2124	2124	years of credited service, then in addition to the life 32
2125	2125	annuity described in subsection 2 of this section, the 33
2126	2126	member shall receive a temporary annuity equal to eight - 34
2127	2127	tenths of one percent of the member's final average pay 35
2128	2128	multiplied by the me mber's years of credited service. The 36
2129	2129	temporary annuity and any cost -of-living adjustments 37
2130	2130	attributable to the temporary annuity pursuant to section 38
2131	2131	104.1045 shall terminate at the end of the calendar month in 39
2132	2132	which the earlier of the following events occurs: the 40
2133	2133	member's death or the member's attainment of the earliest 41 HCS SS SB 75 68
2134	2134	age of eligibility for reduced Social Security retirement 42
2135	2135	benefits, but no later than age sixty -two. 43
2136	2136	5. The annuity described in subsection 2 of this 44
2137	2137	section for any person w ho has credited service not covered 45
2138	2138	by the federal Social Security Act, as provided in [sections 46
2139	2139	105.300 to 105.430] subdivision (1) of subsection 7 of 47
2140	2140	section 104.342, shall be calculated as follows: the life 48
2141	2141	annuity shall be an amount equal to two a nd five-tenths 49
2142	2142	percent of the final average pay of the member multiplied by 50
2143	2143	the number of years of service not covered by the federal 51
2144	2144	Social Security Act in addition to one and seven -tenths 52
2145	2145	percent of the final average pay of the member multiplied by 53
2146	2146	the member's years of credited service covered by the 54
2147	2147	federal Social Security Act. 55
2148	2148	6. Effective July 1, 2002, any member, except an 56
2149	2149	elected official or a member of the general assembly, who 57
2150	2150	has not been paid retirement benefits and continues 58
2151	2151	employment for at least two years beyond the date of normal 59
2152	2152	retirement eligibility, may elect to receive an annuity and 60
2153	2153	lump sum payment or payments, determined as follows: 61
2154	2154	(1) A retroactive starting date shall be established 62
2155	2155	which shall be a date sel ected by the member; provided, 63
2156	2156	however, that the retroactive starting date selected by the 64
2157	2157	member shall not be a date which is earlier than the date 65
2158	2158	when a normal annuity would have first been payable. In 66
2159	2159	addition, the retroactive starting date shall not be more 67
2160	2160	than five years prior to the annuity starting date. The 68
2161	2161	member's selection of a retroactive starting date shall be 69
2162	2162	done in twelve-month increments, except this restriction 70
2163	2163	shall not apply when the member selects the total available 71
2164	2164	time between the retroactive starting date and the annuity 72
2165	2165	starting date; 73 HCS SS SB 75 69
2166	2166	(2) The prospective annuity payable as of the annuity 74
2167	2167	starting date shall be determined pursuant to the provisions 75
2168	2168	of this section, with the exception that it shall be the 76
2169	2169	amount which would have been payable at the annuity starting 77
2170	2170	date had the member actually retired on the retroactive 78
2171	2171	starting date under the retirement plan selected by the 79
2172	2172	member. Other than for the lump sum payment or payments 80
2173	2173	specified in subdivision (3) of this subsection, no other 81
2174	2174	amount shall be due for the period between the retroactive 82
2175	2175	starting date and the annuity starting date; 83
2176	2176	(3) The lump sum payable shall be ninety percent of 84
2177	2177	the annuity amounts which would have been paid to the member 85
2178	2178	from the retroactive starting date to the annuity starting 86
2179	2179	date had the member actually retired on the retroactive 87
2180	2180	starting date and received a life annuity. The member shall 88
2181	2181	[elect to] receive the lump sum amount [either] in its 89
2182	2182	entirety at the same time as the initial annuity payment is 90
2183	2183	made [or in three equal annual installments with the first 91
2184	2184	payment made at the same time as the initial annuity 92
2185	2185	payment]; and 93
2186	2186	(4) [Any annuity payable pursuant to this section that 94
2187	2187	is subject to a division of benefit order pursuant to 95
2188	2188	section 104.1051 shall be calculated as follows: 96
2189	2189	(a) Any service of a member between the retroactive 97
2190	2190	starting date and the annuity starting date shall not be 98
2191	2191	considered credited service except for purposes of 99
2192	2192	calculating the division of benefit; and 100
2193	2193	(b) The lump sum payment described in subdivision (3) 101
2194	2194	of this section shall not be subject to any division of 102
2195	2195	benefit order; and 103
2196	2196	(5)] For purposes of determining annual benefit 104
2197	2197	increases payable as part of th e lump sum and annuity 105 HCS SS SB 75 70
2198	2198	provided pursuant to this section, the retroactive starting 106
2199	2199	date shall be considered the member's date of retirement. 107
2200	2200	7. Any vested former member who terminated employment 108
2201	2201	after attaining normal retirement eligibility shall be 109
2202	2202	considered a member for the purposes of this section. 110
2203	2203	104.1039. If a retiree is employed as an employee by a 1
2204	2204	department, the retiree shall not receive an annuity payment 2
2205	2205	for any calendar month in which the retiree is so employed 3
2206	2206	except, notwithstanding the provisions of section 105.684 to 4
2207	2207	the contrary, those retirees serving as a member of the 5
2208	2208	general assembly or as a statewide elected official under 6
2209	2209	section 104.1084. While reemployed the retiree shall be 7
2210	2210	considered to be a n ew employee with no previous credited 8
2211	2211	service and must accrue credited service continuously for at 9
2212	2212	least one year in order to receive any additional annuity. 10
2213	2213	Such retiree shall receive an additional annuity in addition 11
2214	2214	to the original annuity, calcula ted based only on the 12
2215	2215	credited service and the pay earned by such retiree during 13
2216	2216	reemployment and paid in accordance with the annuity option 14
2217	2217	originally elected; provided such retiree who ceases to 15
2218	2218	receive an annuity pursuant to this section shall not 16
2219	2219	receive such additional annuity if such retiree is employed 17
2220	2220	by a department in a position that is covered by a state - 18
2221	2221	sponsored defined benefit retirement plan not created 19
2222	2222	pursuant to this chapter. The original annuity and any 20
2223	2223	additional annuity shall be paid commencing as of the end of 21
2224	2224	the first month after the month during which the retiree's 22
2225	2225	reemployment terminates. Cost-of-living adjustments paid 23
2226	2226	under section 104.1045 shall not accrue while a retiree is 24
2227	2227	employed as described in this section except, 25
2228	2228	notwithstanding the provisions of section 105.684 to the 26
2229	2229	contrary, those retirees serving as a member of the general 27 HCS SS SB 75 71
2230	2230	assembly or as a statewide elected official under section 28
2231	2231	104.1084. Any future cost-of-living adjustments paid after 29
2232	2232	the retiree terminates such employment will be paid in the 30
2233	2233	same month as the retiree's original annual benefit 31
2234	2234	increases were paid. 32
2235	2235	104.1051. 1. Any annuity provided pursuant to the 1
2236	2236	year 2000 plan is marital property and a court of competent 2
2237	2237	jurisdiction may divide such annuity between the parties to 3
2238	2238	any action for dissolution of marriage if at the time of the 4
2239	2239	dissolution the member has at least five years of credited 5
2240	2240	service pursuant to sections 104.1003 to 104.1093. A 6
2241	2241	division of benefits order issued pursuant to this section: 7
2242	2242	(1) Shall not require the applicable retirement system 8
2243	2243	to provide any form or type of annuity or retirement plan 9
2244	2244	not selected by the member; 10
2245	2245	(2) Shall not require the applicable retirement system 11
2246	2246	to commence payments until the member's annuity starting 12
2247	2247	date; 13
2248	2248	(3) Shall identify the monthly amount to be paid to 14
2249	2249	the former spouse, which shall be expressed as a percentage 15
2250	2250	and which shall not exceed fifty percent of the amount of 16
2251	2251	the member's annuity accrued during all or part of the 17
2252	2252	period of the marriage of the member and former spouse 18
2253	2253	excluding service accrued under subsection 2 of section 19
2254	2254	104.1021; and which shall be based on the member's vested 20
2255	2255	annuity on the date of the dissolution of m arriage or an 21
2256	2256	earlier date as specified in the order, which amount shall 22
2257	2257	be adjusted proportionately upon the annuity starting date 23
2258	2258	if the member's annuity is reduced due to the receipt of an 24
2259	2259	early retirement annuity or the member's annuity is reduced 25
2260	2260	pursuant to section 104.1027 under an annuity option in 26 HCS SS SB 75 72
2261	2261	which the member named the alternate payee as beneficiary 27
2262	2262	prior to the dissolution of marriage; 28
2263	2263	(4) Shall not require the payment of an annuity amount 29
2264	2264	to the member and former spouse which i n total exceeds the 30
2265	2265	amount which the member would have received without regard 31
2266	2266	to the order; 32
2267	2267	(5) Shall provide that any annuity increases, 33
2268	2268	additional years of credited service, increased final 34
2269	2269	average pay, increased pay pursuant to subsections 2 and 5 35
2270	2270	of section 104.1084, or other type of increases accrued 36
2271	2271	after the date of the dissolution of marriage and any 37
2272	2272	temporary annuity received pursuant to subsection 4 of 38
2273	2273	section 104.1024 shall accrue solely to the benefit of the 39
2274	2274	member; except that o n or after September 1, 2001, any cost - 40
2275	2275	of-living adjustment (COLA) due after the annuity starting 41
2276	2276	date shall not be considered to be an increase accrued after 42
2277	2277	the date of termination of marriage and shall be part of the 43
2278	2278	monthly amount subject to divisi on pursuant to any order 44
2279	2279	issued after September 1, 2001; 45
2280	2280	(6) Shall terminate upon the death of either the 46
2281	2281	member or the former spouse, whichever occurs first; 47
2282	2282	(7) Shall not create an interest which is assignable 48
2283	2283	or subject to any legal proce ss; 49
2284	2284	(8) Shall include the name, address, and date of birth 50
2285	2285	of both the member and the former spouse, and the identity 51
2286	2286	of the retirement system to which it applies; 52
2287	2287	(9) Shall be consistent with any other division of 53
2288	2288	benefits orders which are applicable to the same member; 54
2289	2289	(10) Shall not require the applicable retirement 55
2290	2290	system to continue payments to the alternate payee if the 56
2291	2291	member's retirement benefit is suspended or waived as 57
2292	2292	provided by this chapter but such payments shall resume when 58 HCS SS SB 75 73
2293	2293	the retiree begins to receive retirement benefits in the 59
2294	2294	future. 60
2295	2295	2. A system shall provide the court having 61
2296	2296	jurisdiction of a dissolution of a marriage proceeding or 62
2297	2297	the parties to the proceeding with information necessary to 63
2298	2298	issue a division of benefits order concerning a member of 64
2299	2299	the system, upon written request from either the court, the 65
2300	2300	member, or the member's spouse, citing this section and 66
2301	2301	identifying the case number and parties. 67
2302	2302	3. A system shall have the discretionary auth ority to 68
2303	2303	reject a division of benefits order for the following 69
2304	2304	reasons: 70
2305	2305	(1) The order does not clearly state the rights of the 71
2306	2306	member and the former spouse; 72
2307	2307	(2) The order is inconsistent with any law governing 73
2308	2308	the retirement system. 74
2309	2309	4. Any member of the closed plan who elected the year 75
2310	2310	2000 plan pursuant to section 104.1015 and then becomes 76
2311	2311	divorced and subject to a division of benefits order shall 77
2312	2312	have the division of benefits order calculated pursuant to 78
2313	2313	the provisions of the yea r 2000 plan. 79
2314	2314	5. Any annuity payable under section 104.1024 that is 80
2315	2315	subject to a division of benefit order under this section 81
2316	2316	shall be calculated as follows: 82
2317	2317	(1) In instances of divorce after retirement, any 83
2318	2318	service or pay of a member between the retroactive starting 84
2319	2319	date and the annuity starting date shall not be considered 85
2320	2320	creditable service or pay; and 86
2321	2321	(2) The lump-sum payment described in subdivision (3) 87
2322	2322	of subsection 6 of section 104.1024 shall not be subject to 88
2323	2323	any division of benefit order. 89 HCS SS SB 75 74
2324	2324	104.1060. 1. Should any error result in any person 1
2325	2325	receiving more or less than the person would have been 2
2326	2326	entitled to receive had the error not occurred, the board 3
2327	2327	shall correct such error, and, as far as practicable, make 4
2328	2328	future payments in such a manner that the actuarial 5
2329	2329	equivalent of the annuity to which such person was entitled 6
2330	2330	shall be paid, and to this end may recover any 7
2331	2331	overpayments. In all cases in which such error has been 8
2332	2332	made, no such error shall be corrected unless the system 9
2333	2333	discovers or is notified of such error within ten years 10
2334	2334	after the [initial] member's annuity starting date or the 11
2335	2335	date of error, whichever occurs later. In cases of fraud, 12
2336	2336	any error discovered shall be corrected without con cern to 13
2337	2337	the amount of time that has passed . 14
2338	2338	2. A person who knowingly makes a false statement, or 15
2339	2339	falsifies or permits to be falsified a record of the system, 16
2340	2340	in an attempt to defraud the system shall be subject to fine 17
2341	2341	or imprisonment under the Missouri revised statutes. 18
2342	2342	3. A board shall not pay an annuity to any survivor or 19
2343	2343	beneficiary who is charged with the intentional killing of a 20
2344	2344	member, retiree or survivor without legal excuse or 21
2345	2345	justification. A survivor or beneficiary who is con victed 22
2346	2346	of such charge shall no longer be entitled to receive an 23
2347	2347	annuity. If the survivor or beneficiary is not convicted of 24
2348	2348	such charge, the board shall resume annuity payments and 25
2349	2349	shall pay the survivor or beneficiary any annuity payments 26
2350	2350	that were suspended pending resolution of such charge. 27
2351	2351	104.1066. 1. The year 2000 plan intends to follow a 1
2352	2352	financing pattern which computes and requires contribution 2
2353	2353	amounts which, expressed as percents of active member 3
2354	2354	payroll, will remain a pproximately level from year to year 4
2355	2355	and from one generation of citizens to the next generation. 5 HCS SS SB 75 75
2356	2356	Such contribution determinations require regular actuarial 6
2357	2357	valuations, which shall be made by the board's actuary, 7
2358	2358	using assumptions and methods adopted b y the board after 8
2359	2359	consulting with its actuary. The entry age-normal cost 9
2360	2360	valuation method shall be used in determining the normal 10
2361	2361	cost[, and contributions for unfunded accrued liabilities 11
2362	2362	shall be determined using level percent -of-payroll 12
2363	2363	amortization] calculation. For purposes of this subsection 13
2364	2364	and section 104.436, the actuary shall determine a single 14
2365	2365	contribution rate applicable to both closed plan and year 15
2366	2366	2000 plan participants and, in determining such rate, make 16
2367	2367	estimates of the probabiliti es of closed plan participants 17
2368	2368	transferring to the year 2000 plan. 18
2369	2369	2. At least ninety days before each regular session of 19
2370	2370	the general assembly, the board of the Missouri state 20
2371	2371	employees' retirement system shall certify to the division 21
2372	2372	of budget the contribution rate necessary to cover the 22
2373	2373	liabilities of the year 2000 plan administered by such 23
2374	2374	system, including costs of administration, expected to 24
2375	2375	accrue during the next appropriation period. The 25
2376	2376	commissioner of administration shall request app ropriations 26
2377	2377	based upon the contribution rate so certified. From 27
2378	2378	appropriations so made, the commissioner of administration 28
2379	2379	shall certify contribution amounts to the state treasurer 29
2380	2380	who in turn shall immediately pay the contributions to the 30
2381	2381	year 2000 plan. 31
2382	2382	3. The employers of members covered by the Missouri 32
2383	2383	state employees' retirement system who are not paid out of 33
2384	2384	funds that have been deposited in the state treasury shall 34
2385	2385	remit following each pay period to the year 2000 plan an 35
2386	2386	amount equal to the amount which the state would have paid 36
2387	2387	if those members had been paid entirely from state funds. 37 HCS SS SB 75 76
2388	2388	Such employers shall maintain payroll records for a minimum 38
2389	2389	of five years and shall produce all such records as 39
2390	2390	requested by the system. The system is authorized to 40
2391	2391	request from the state office of administration an 41
2392	2392	appropriation out of the annual budget of any such employer 42
2393	2393	in the event such records indicate that such employer has 43
2394	2394	not contributed the amounts required by this section. The 44
2395	2395	office of administration shall request such appropriation 45
2396	2396	which shall be equal to the amount necessary to replace any 46
2397	2397	shortfall in contributions as determined by the system. 47
2398	2398	From appropriations so made, the commissioner of 48
2399	2399	administration shall certify con tribution amounts to the 49
2400	2400	state treasurer who in turn shall immediately pay such 50
2401	2401	contributions to the year 2000 plan. 51
2402	2402	4. At least ninety days before each regular session of 52
2403	2403	the general assembly, the board of the transportation 53
2404	2404	department and highw ay patrol retirement system shall 54
2405	2405	certify to the department of transportation and the 55
2406	2406	department of public safety the contribution rate necessary 56
2407	2407	to cover the liabilities of the year 2000 plan administered 57
2408	2408	by such system, including costs of administrat ion, expected 58
2409	2409	to accrue during the next biennial or other appropriation 59
2410	2410	period. Each department shall include in its budget and in 60
2411	2411	its request for appropriations for personal service the sum 61
2412	2412	so certified to it by such board, and shall present the same 62
2413	2413	to the general assembly for allowance. The sums so 63
2414	2414	certified and appropriated, when available, shall be 64
2415	2415	immediately paid to the system and deposited in the highway 65
2416	2416	and transportation employees' and highway patrol retirement 66
2417	2417	and benefit fund. 67
2418	2418	5. These amounts are funds of the year 2000 plan and 68
2419	2419	shall not be commingled with any funds in the state treasury. 69 HCS SS SB 75 77
2420	2420	104.1072. 1. Each board shall provide or contract, or 1
2421	2421	both, for life insurance benefits for employees covered 2
2422	2422	pursuant to the year 2000 plan as follows: 3
2423	2423	(1) Employees shall be provided fifteen thousand 4
2424	2424	dollars of life insurance until December 31, 2000. 5
2425	2425	Effective January 1, 2001, the system shall provide or 6
2426	2426	contract or both for basic life insurance for employees 7
2427	2427	covered under any retirement plan administered by the system 8
2428	2428	pursuant to this chapter, persons covered by sections 9
2429	2429	287.812 to 287.856, for employees who are members of the 10
2430	2430	judicial retirement system as provided in section 476.590, 11
2431	2431	and, at the election of the state highways and 12
2432	2432	transportation commission, employees who are members of the 13
2433	2433	[highways and] Missouri department of transportation 14
2434	2434	[employees'] and highway patrol employees' retirement 15
2435	2435	system, in the amount equal to one times annual pay, subje ct 16
2436	2436	to a minimum amount of fifteen thousand dollars. The board 17
2437	2437	shall establish by rule or contract the method for 18
2438	2438	determining the annual rate of pay and any other terms of 19
2439	2439	such insurance as it deems necessary to implement the 20
2440	2440	requirements pursuant to this section. Annual rate of pay 21
2441	2441	shall not include overtime or any other irregular payments 22
2442	2442	as determined by the board. Such life insurance shall 23
2443	2443	provide for triple indemnity in the event the cause of death 24
2444	2444	is a proximate result of a personal injury or disease 25
2445	2445	arising out of and in the course of actual performance of 26
2446	2446	duty as an employee; 27
2447	2447	(2) Any member who terminates employment after 28
2448	2448	reaching normal or early retirement eligibility and becomes 29
2449	2449	a retiree within [sixty] sixty-five days of such termination 30
2450	2450	shall receive five thousand dollars of life insurance 31
2451	2451	coverage. 32 HCS SS SB 75 78
2452	2452	2. (1) In addition to the life insurance authorized 33
2453	2453	by the provisions of subsection 1 of this section, any 34
2454	2454	person for whom life insurance is provided or contracted for 35
2455	2455	pursuant to such subsection may purchase, at the person's 36
2456	2456	own expense and only if monthly voluntary payroll deductions 37
2457	2457	are authorized, additional life insurance at a cost to be 38
2458	2458	stipulated in a contract with a private insurance company or 39
2459	2459	as may be required by a system if the board of trustees 40
2460	2460	determines that the system should provide such insurance 41
2461	2461	itself. The maximum amount of additional life insurance 42
2462	2462	which may be so purchased prior to January 1, 2004, is that 43
2463	2463	amount which equals six times the am ount of the person's 44
2464	2464	annual rate of pay, subject to any maximum established by a 45
2465	2465	board, except that if such maximum amount is not evenly 46
2466	2466	divisible by one thousand dollars, then the maximum amount 47
2467	2467	of additional insurance which may be purchased is the ne xt 48
2468	2468	higher amount evenly divisible by one thousand dollars. The 49
2469	2469	maximum amount of additional life insurance which may be so 50
2470	2470	purchased on or after January 1, 2004, is an amount to be 51
2471	2471	stipulated in a contract with a private insurance company or 52
2472	2472	as may be required by the system if the board of trustees 53
2473	2473	determines that the system should provide the insurance 54
2474	2474	itself. 55
2475	2475	(2) Any person defined in subdivision (1) of this 56
2476	2476	subsection may retain an amount not to exceed sixty thousand 57
2477	2477	dollars of life insur ance following the date of his or her 58
2478	2478	retirement if such person becomes a retiree the month 59
2479	2479	following termination of employment and makes written 60
2480	2480	application for such life insurance at the same time such 61
2481	2481	person's application is made to the board for re tirement 62
2482	2482	benefits. Such life insurance shall only be provided if 63
2483	2483	such person pays the entire cost of the insurance, as 64 HCS SS SB 75 79
2484	2484	determined by the board, by allowing voluntary deductions 65
2485	2485	from the member's annuity. 66
2486	2486	(3) In addition to the life insurance aut horized in 67
2487	2487	subdivision (1) of this subsection, any person for whom life 68
2488	2488	insurance is provided or contracted for pursuant to this 69
2489	2489	subsection may purchase, at the person's own expense and 70
2490	2490	only if monthly voluntary payroll deductions are authorized, 71
2491	2491	life insurance covering the person's children or the 72
2492	2492	person's spouse or both at coverage amounts to be determined 73
2493	2493	by the board at a cost to be stipulated in a contract with a 74
2494	2494	private insurer or as may be required by the system if the 75
2495	2495	board of trustees dete rmines that the system should provide 76
2496	2496	such insurance itself. 77
2497	2497	(4) Effective July 1, 2000, any member who applies and 78
2498	2498	is eligible to receive an annuity based on the attainment of 79
2499	2499	at least forty-eight years of age with a total of years of 80
2500	2500	age and years of credited service which is at least eighty 81
2501	2501	shall be eligible to retain any optional life insurance 82
2502	2502	described in subdivision (1) of this subsection. The amount 83
2503	2503	of such retained insurance shall not be greater than the 84
2504	2504	amount in effect during the m onth prior to termination of 85
2505	2505	employment. Such insurance may be retained until the 86
2506	2506	member's attainment of the earliest age for eligibility for 87
2507	2507	reduced Social Security retirement benefits but no later 88
2508	2508	than age sixty-two, at which time the amount of such 89
2509	2509	insurance that may be retained shall be that amount 90
2510	2510	permitted pursuant to subdivision (2) of this subsection. 91
2511	2511	3. The state highways and transportation commission 92
2512	2512	may provide for insurance benefits to cover medical expenses 93
2513	2513	for members of the [highways and] Missouri department of 94
2514	2514	transportation [employees'] and highway patrol employees' 95
2515	2515	retirement system. The state highways and transportation 96 HCS SS SB 75 80
2516	2516	commission may provide medical benefits for dependents of 97
2517	2517	members and for retired members. Contributions by the state 98
2518	2518	highways and transportation commission to provide the 99
2519	2519	benefits shall be on the same basis as provided for other 100
2520	2520	state employees pursuant to the provisions of section 101
2521	2521	104.515. Except as otherwise provided by law, the cost of 102
2522	2522	benefits for dependents of members and for retirees and 103
2523	2523	their dependents shall be paid by the members or retirees. 104
2524	2524	The commission may contract with other persons or entities 105
2525	2525	including but not limited to third -party administrators, 106
2526	2526	health network providers and health maintenance 107
2527	2527	organizations for all, or any part of, the benefits provided 108
2528	2528	for in this section. The commission may require 109
2529	2529	reimbursement of any medical claims paid by the commission's 110
2530	2530	medical plan for which there was third -party liability. 111
2531	2531	4. The [highways and] Missouri department of 112
2532	2532	transportation [employees'] and highway patrol employees' 113
2533	2533	retirement system may request the state highways and 114
2534	2534	transportation commission to provide life insurance benefits 115
2535	2535	as required in subsections 1 and 2 of this section. If the 116
2536	2536	state highways and transportation commission agrees to the 117
2537	2537	request, the [highways and] Missouri department of 118
2538	2538	transportation [employees'] and highway patrol employees' 119
2539	2539	retirement system shall reimburse the state highways and 120
2540	2540	transportation commission for any and all costs for life 121
2541	2541	insurance provided pursuant to subdivision (2) of subsection 122
2542	2542	1 of this section. The person who is covered pursuant to 123
2543	2543	subsection 2 of this section shall be solely responsible for 124
2544	2544	the costs of any additional life insurance. In lieu of the 125
2545	2545	life insurance benefit in subdivision (2) of subsection 1 of 126
2546	2546	this section, the [highways and] Missouri department of 127
2547	2547	transportation [employees'] and highway patrol employees' 128 HCS SS SB 75 81
2548	2548	retirement system is authorized i n its sole discretion to 129
2549	2549	provide a death benefit of five thousand dollars. 130
2550	2550	5. To the extent that the board enters or has entered 131
2551	2551	into any contract with any insurer or service organization 132
2552	2552	to provide life insurance provided for pursuant to this 133
2553	2553	section: 134
2554	2554	(1) The obligation to provide such life insurance 135
2555	2555	shall be primarily that of the insurer or service 136
2556	2556	organization and secondarily that of the board; 137
2557	2557	(2) Any member who has been denied life insurance 138
2558	2558	benefits by the insurer or service o rganization and has 139
2559	2559	exhausted all appeal procedures provided by the insurer or 140
2560	2560	service organization may appeal such decision by filing a 141
2561	2561	petition against the insurer or service organization in a 142
2562	2562	court of law in the member's county of residence; and 143
2563	2563	(3) The board and the system shall not be liable for 144
2564	2564	life insurance benefits provided by an insurer or service 145
2565	2565	organization pursuant to this section and shall not be 146
2566	2566	subject to any cause of action with regard to life insurance 147
2567	2567	benefits or the denial of life insurance benefits by the 148
2568	2568	insurer or service organization unless the member has 149
2569	2569	obtained judgment against the insurer or service 150
2570	2570	organization for life insurance benefits and the insurer or 151
2571	2571	service organization is unable to satisfy that judgmen t. 152
2572	2572	104.1084. 1. For members of the general assembly, the 1
2573	2573	provisions of this section shall supplement or replace the 2
2574	2574	indicated other provisions of the year 2000 plan. "Normal 3
2575	2575	retirement eligibility" means attainment of age fifty -five 4
2576	2576	for a member who has served at least three full biennial 5
2577	2577	assemblies or the attainment of at least age fifty for a 6
2578	2578	member who has served at least three full biennial 7
2579	2579	assemblies with a total of years of age and years of 8 HCS SS SB 75 82
2580	2580	credited service which is at le ast eighty. A member shall 9
2581	2581	receive two years of credited service for every full 10
2582	2582	biennial assembly served. A full biennial assembly shall be 11
2583	2583	equal to the period of time beginning on the first day the 12
2584	2584	general assembly convenes for a first regular sessi on until 13
2585	2585	the last day of the following year. If a member serves less 14
2586	2586	than a full biennial assembly, the member shall receive 15
2587	2587	credited service for the pro rata portion of the full 16
2588	2588	biennial assembly served. 17
2589	2589	2. For the purposes of section 104.1024, the normal 18
2590	2590	retirement annuity of a member of the general assembly shall 19
2591	2591	be an amount for life equal to one twenty -fourth of the 20
2592	2592	monthly pay for a senator or representative on the annuity 21
2593	2593	starting date multiplied by the years of credited service as 22
2594	2594	a member of the general assembly. In no event shall any 23
2595	2595	such member or eligible beneficiary receive annuity amounts 24
2596	2596	in excess of one hundred percent of pay. 25
2597	2597	3. To be covered by the provisions of section 26
2598	2598	104.1030, or section 104.1036, a member of th e general 27
2599	2599	assembly must have served at least three full biennial 28
2600	2600	assemblies. 29
2601	2601	4. For members who are statewide elected officials, 30
2602	2602	the provisions of this section shall supplement or replace 31
2603	2603	the indicated other provisions of the year 2000 plan. 32
2604	2604	"Normal retirement eligibility" means attainment of age 33
2605	2605	fifty-five for a member who has served at least four years 34
2606	2606	as a statewide elected official, or the attainment of age 35
2607	2607	fifty with a total of years of age and years of such 36
2608	2608	credited service which is at least eighty. 37
2609	2609	5. For the purposes of section 104.1024, the normal 38
2610	2610	retirement annuity of a member who is a statewide elected 39
2611	2611	official shall be an amount for life equal to one twenty - 40 HCS SS SB 75 83
2612	2612	fourth of the monthly pay in the highest office held by such 41
2613	2613	member on the annuity starting date multiplied by the years 42
2614	2614	of credited service as a statewide elected official not to 43
2615	2615	exceed twelve years. 44
2616	2616	6. To be covered by the provisions of sections 45
2617	2617	104.1030 and 104.1036, a member who is a statewide elected 46
2618	2618	official must have at least four years as a statewide 47
2619	2619	elected official. 48
2620	2620	7. The provisions of section 104.1045 shall not apply 49
2621	2621	to persons covered by the general assembly and statewide 50
2622	2622	elected official provisions of this section. Persons 51
2623	2623	covered by the general assembly provisions and receiving a 52
2624	2624	year 2000 plan annuity shall be entitled to a cost -of-living 53
2625	2625	adjustment (COLA) when there are increases in pay for 54
2626	2626	members of the general assembly. Persons covered by the 55
2627	2627	statewide elected official provis ions and receiving a year 56
2628	2628	2000 plan annuity shall be entitled to COLAs when there are 57
2629	2629	increases in the pay for statewide elected officials in the 58
2630	2630	highest office held by such person. The COLA described in 59
2631	2631	this subsection shall be equal to and concurren t with the 60
2632	2632	percentage increase in pay as described in section 105.005. 61
2633	2633	No COLA shall be less than zero. 62
2634	2634	8. Any member who serves under this chapter as a 63
2635	2635	member of the general assembly or as a statewide elected 64
2636	2636	official on or after August 28, 199 9, shall not be eligible 65
2637	2637	to receive any retirement benefits from the system under 66
2638	2638	either the closed plan or the year 2000 plan based on 67
2639	2639	service rendered on or after August 28, 1999, as a member of 68
2640	2640	the general assembly or as a statewide elected official if 69
2641	2641	such member is convicted of a felony that is determined by a 70
2642	2642	court of law to have been committed in connection with the 71
2643	2643	member's duties either as a member of the general assembly 72 HCS SS SB 75 84
2644	2644	or as a statewide elected official, unless such conviction 73
2645	2645	is later reversed by a court of law. 74
2646	2646	9. A member of the general assembly who has purchased 75
2647	2647	or transferred creditable service shall not be subject to 76
2648	2648	the cap on benefits pursuant to subsection 2 of this section 77
2649	2649	for that portion of the benefit attributable t o the 78
2650	2650	purchased or transferred service. 79
2651	2651	10. For the purposes of section 104.1042, the service 80
2652	2652	credit accrued by a member of the general assembly while 81
2653	2653	receiving long-term disability benefits shall continue to 82
2654	2654	accrue until the earliest receipt of attainment of normal 83
2655	2655	retirement age eligibility, termination of disability 84
2656	2656	benefits, or the end of the member's constitutionally 85
2657	2657	mandated limit on service as a member of the general 86
2658	2658	assembly for the chamber in which the member was serving at 87
2659	2659	the time of disablement. 88
2660	2660	11. For the purposes of section 104.1042, the service 89
2661	2661	credit accrued by a statewide elected official while 90
2662	2662	receiving long-term disability benefits shall continue to 91
2663	2663	accrue until the earliest of attainment of normal retirement 92
2664	2664	age eligibility, termination of disability benefits, or the 93
2665	2665	end of the statewide elected official's constitutionally 94
2666	2666	mandated limit on service as a statewide elected official 95
2667	2667	for the office in which the statewide elected official was 96
2668	2668	serving at the time of disablement. 97
2669	2669	104.1091. 1. Notwithstanding any provision of the 1
2670	2670	year 2000 plan to the contrary, each person who first 2
2671	2671	becomes an employee on or after January 1, 2011, shall be a 3
2672	2672	member of the year 2000 plan subject to the provisions of 4
2673	2673	this section. 5
2674	2674	2. A member's normal retirement eligibility shall be 6
2675	2675	as follows: 7 HCS SS SB 75 85
2676	2676	(1) The member's attainment of at least age sixty - 8
2677	2677	seven and the completion of at least ten years of credited 9
2678	2678	service; or the member's attainment of at least age fifty- 10
2679	2679	five with the sum of the member's age and credited service 11
2680	2680	equaling at least ninety; or, in the case of a member who is 12
2681	2681	serving as a uniformed member of the highway patrol and 13
2682	2682	subject to the mandatory retirement provisions of section 14
2683	2683	104.081, such member's attainment of at least age sixty or 15
2684	2684	the attainment of at least age fifty -five with ten years of 16
2685	2685	credited service; 17
2686	2686	(2) For members of the general assembly, the member's 18
2687	2687	attainment of at least age sixty -two and the completion of 19
2688	2688	at least three full biennial assemblies; or the member's 20
2689	2689	attainment of at least age fifty -five with the sum of the 21
2690	2690	member's age and credited service equaling at least ninety; 22
2691	2691	(3) For statewide elected officials, the official's 23
2692	2692	attainment of at least age sixty-two and the completion of 24
2693	2693	at least four years of credited service; or the official's 25
2694	2694	attainment of at least age fifty -five with the sum of the 26
2695	2695	official's age and credited service equaling at least ninety. 27
2696	2696	3. A vested former member's norm al retirement 28
2697	2697	eligibility shall be based on the attainment of at least age 29
2698	2698	sixty-seven and the completion of at least ten years of 30
2699	2699	credited service. 31
2700	2700	4. A temporary annuity paid pursuant to subsection 4 32
2701	2701	of section 104.1024 shall be payable if the member has 33
2702	2702	attained at least age fifty -five with the sum of the 34
2703	2703	member's age and credited service equaling at least ninety; 35
2704	2704	or in the case of a member who is serving as a uniformed 36
2705	2705	member of the highway patrol and subject to the mandatory 37
2706	2706	retirement provisions of section 104.081, the temporary 38
2707	2707	annuity shall be payable if the member has attained at least 39 HCS SS SB 75 86
2708	2708	age sixty, or at least age fifty -five with ten years of 40
2709	2709	credited service. 41
2710	2710	5. A member, other than a member who is serving as a 42
2711	2711	uniformed member of the highway patrol and subject to the 43
2712	2712	mandatory retirement provisions of section 104.081, shall be 44
2713	2713	eligible for an early retirement annuity upon the attainment 45
2714	2714	of at least age sixty -two and the completion of at least ten 46
2715	2715	years of credited service . A vested former member who 47
2716	2716	terminated employment prior to the attainment of early 48
2717	2717	retirement eligibility shall not be eligible for early 49
2718	2718	retirement. 50
2719	2719	6. The provisions of subsection 6 of section 104.1021 51
2720	2720	and section 104.344 as applied pursuant to subsection 7 of 52
2721	2721	section 104.1021 and section 104.1090 shall not apply to 53
2722	2722	members covered by this section. 54
2723	2723	7. The minimum credited service requirements of five 55
2724	2724	years contained in sections 104.1018, 104.1030, 104.1036, 56
2725	2725	and 104.1051 shall be ten years for members covered by this 57
2726	2726	section. The normal and early retirement eligibility 58
2727	2727	requirements in this section shall apply for purposes of 59
2728	2728	administering section 104.1087. 60
2729	2729	8. A member shall be required to contribute four 61
2730	2730	percent of the membe r's pay to the retirement system, which 62
2731	2731	shall stand to the member's credit in his or her individual 63
2732	2732	account with the system, together with investment credits 64
2733	2733	thereon, for purposes of funding retirement benefits payable 65
2734	2734	under the year 2000 plan, subject to the following 66
2735	2735	provisions: 67
2736	2736	(1) The state of Missouri employer, pursuant to the 68
2737	2737	provisions of 26 U.S.C. Section 414(h)(2), shall pick up and 69
2738	2738	pay the contributions that would otherwise be payable by the 70
2739	2739	member under this section. The contributions so picked up 71 HCS SS SB 75 87
2740	2740	shall be treated as employer contributions for purposes of 72
2741	2741	determining the member's pay that is includable in the 73
2742	2742	member's gross income for federal income tax purposes; 74
2743	2743	(2) Member contributions picked up by the employer 75
2744	2744	shall be paid from the same source of funds used for the 76
2745	2745	payment of pay to a member. A deduction shall be made from 77
2746	2746	each member's pay equal to the amount of the member's 78
2747	2747	contributions picked up by the employer. This deduction, 79
2748	2748	however, shall not reduce the me mber's pay for purposes of 80
2749	2749	computing benefits under the retirement system pursuant to 81
2750	2750	this chapter; 82
2751	2751	(3) Member contributions so picked up shall be 83
2752	2752	credited to a separate account within the member's 84
2753	2753	individual account so that the amounts contribut ed pursuant 85
2754	2754	to this section may be distinguished from the amounts 86
2755	2755	contributed on an after -tax basis; 87
2756	2756	(4) The contributions, although designated as employee 88
2757	2757	contributions, shall be paid by the employer in lieu of the 89
2758	2758	contributions by the member. The member shall not have the 90
2759	2759	option of choosing to receive the contributed amounts 91
2760	2760	directly instead of having them paid by the employer to the 92
2761	2761	retirement system; 93
2762	2762	(5) Interest shall be credited annually on June 94
2763	2763	thirtieth based on the value in the account as of July first 95
2764	2764	of the immediately preceding year at a rate of four 96
2765	2765	percent. Effective June 30, 2014, and each June thirtieth 97
2766	2766	thereafter, the interest crediting rate shall be equal to 98
2767	2767	the investment rate that is published by the United State s 99
2768	2768	Department of Treasury, or its successor agency, for fifty - 100
2769	2769	two week treasury bills for the relevant auction that is 101
2770	2770	nearest to the preceding July first, or a successor treasury 102
2771	2771	bill investment rate as approved by the board if the fifty - 103 HCS SS SB 75 88
2772	2772	two week treasury bill is no longer issued. Interest 104
2773	2773	credits shall cease upon termination of employment if the 105
2774	2774	member is not a vested former member. Otherwise, interest 106
2775	2775	credits shall cease upon retirement or death; 107
2776	2776	(6) A vested former member or a former memb er who is 108
2777	2777	not vested may request a refund of his or her contributions 109
2778	2778	and interest credited thereon. If such member is married at 110
2779	2779	the time of such request, such request shall not be 111
2780	2780	processed without consent from the spouse. Such member is 112
2781	2781	not eligible to request a refund if such member's retirement 113
2782	2782	benefit is subject to a division of benefit order pursuant 114
2783	2783	to section 104.1051. Such refund shall be paid by the 115
2784	2784	system [after] within an administratively reasonable period, 116
2785	2785	but no sooner than ninety days from the date of termination 117
2786	2786	of employment [or the request, whichever is later, and ]. 118
2787	2787	The amount refunded shall include all employee contributions 119
2788	2788	made to any retirement plan administered by the system and 120
2789	2789	interest credited thereon. A vested former member may not 121
2790	2790	request a refund after such member becomes eligible for 122
2791	2791	normal retirement. A vested former member or a former 123
2792	2792	member who is not vested who receives a refund shall forfeit 124
2793	2793	all the member's credited service and future rights to 125
2794	2794	receive benefits from the system and shall not be eligible 126
2795	2795	to receive any [long-term] disability benefits; provided 127
2796	2796	that any member or vested former member receiving [long- 128
2797	2797	term] disability benefits shall not be eligible for a 129
2798	2798	refund. If such member subseq uently becomes an employee and 130
2799	2799	works continuously for at least one year, the credited 131
2800	2800	service previously forfeited shall be restored if the member 132
2801	2801	returns to the system the amount previously refunded plus 133
2802	2802	interest at a rate established by the board; 134 HCS SS SB 75 89
2803	2803	(7) The beneficiary of any member who made 135
2804	2804	contributions shall receive a refund upon the member's death 136
2805	2805	equal to the amount, if any, of such contributions and 137
2806	2806	interest credited thereon less any retirement benefits 138
2807	2807	received by the member unless an a nnuity is payable to a 139
2808	2808	survivor or beneficiary as a result of the member's death. 140
2809	2809	In that event, the beneficiary of the survivor or 141
2810	2810	beneficiary who received the annuity shall receive a refund 142
2811	2811	upon the survivor's or beneficiary's death equal to the 143
2812	2812	amount, if any, of the member's contributions less any 144
2813	2813	annuity amounts received by the member and the survivor or 145
2814	2814	beneficiary. 146
2815	2815	9. The employee contribution rate, the benefits 147
2816	2816	provided under the year 2000 plan to members covered under 148
2817	2817	this section, and any other provision of the year 2000 plan 149
2818	2818	with regard to members covered under this section may be 150
2819	2819	altered, amended, increased, decreased, or repealed, but 151
2820	2820	only with respect to services rendered by the member after 152
2821	2821	the effective date of such altera tion, amendment, increase, 153
2822	2822	decrease, or repeal, or, with respect to interest credits, 154
2823	2823	for periods of time after the effective date of such 155
2824	2824	alteration, amendment, increase, decrease, or repeal. 156
2825	2825	10. For purposes of members covered by this section, 157
2826	2826	the options under section 104.1027 shall be as follows: 158
2827	2827	Option 1. 159
2828	2828	A retiree's life annuity shall be reduced to a 160
2829	2829	certain percent of the annuity otherwise 161
2830	2830	payable. Such percent shall be eighty -eight and 162
2831	2831	one half percent adjusted as follows: if the 163
2832	2832	retiree's age on the annuity starting date is 164
2833	2833	younger than sixty-seven years, an increase of 165
2834	2834	three-tenths of one percent for each year the 166 HCS SS SB 75 90
2835	2835	retiree's age is younger than age sixty -seven 167
2836	2836	years; and if the beneficiary's age is younger 168
2837	2837	than the retiree's a ge on the annuity starting 169
2838	2838	date, a decrease of three -tenths of one percent 170
2839	2839	for each year of age difference; and if the 171
2840	2840	retiree's age is younger than the beneficiary's 172
2841	2841	age on the annuity starting date, an increase of 173
2842	2842	three-tenths of one percent for eac h year of age 174
2843	2843	difference; provided, after all adjustments the 175
2844	2844	option 1 percent cannot exceed ninety -four and 176
2845	2845	one quarter percent. Upon the retiree's death, 177
2846	2846	fifty percent of the retiree's reduced annuity 178
2847	2847	shall be paid to such beneficiary who was the 179
2848	2848	retiree's spouse on the annuity starting date or 180
2849	2849	as otherwise provided by subsection 5 of this 181
2850	2850	section. 182
2851	2851	Option 2. 183
2852	2852	A retiree's life annuity shall be reduced to a 184
2853	2853	certain percent of the annuity otherwise 185
2854	2854	payable. Such percent shall be eighty -one 186
2855	2855	percent adjusted as follows: if the retiree's 187
2856	2856	age on the annuity starting date is younger than 188
2857	2857	sixty-seven years, an increase of four -tenths of 189
2858	2858	one percent for each year the retiree's age is 190
2859	2859	younger than sixty-seven years; and if the 191
2860	2860	beneficiary's age is younger than the retiree's 192
2861	2861	age on the annuity starting date, a decrease of 193
2862	2862	five-tenths of one percent for each year of age 194
2863	2863	difference; and if the retiree's age is younger 195
2864	2864	than the beneficiary's age on the annuity 196
2865	2865	starting date, an increase of five -tenths of one 197
2866	2866	percent for each year of age difference; 198 HCS SS SB 75 91
2867	2867	provided, after all adjustments the option 2 199
2868	2868	percent cannot exceed eighty -seven and three 200
2869	2869	quarter percent. Upon the retiree's death one 201
2870	2870	hundred percent of the retiree's reduced annuity 202
2871	2871	shall be paid to such beneficiary who was the 203
2872	2872	retiree's spouse on the annuity starting date or 204
2873	2873	as otherwise provided by subsection 5 of this 205
2874	2874	section. 206
2875	2875	Option 3. 207
2876	2876	A retiree's life annuity shall be reduced to 208
2877	2877	ninety-three percent of the annuity otherwise 209
2878	2878	payable. If the retiree dies before having 210
2879	2879	received one hundred twenty monthly payments, 211
2880	2880	the reduced annuity shall be continued for the 212
2881	2881	remainder of the one hundred twenty -month period 213
2882	2882	to the retiree's designated beneficiary provided 214
2883	2883	that if there is no benef iciary surviving the 215
2884	2884	retiree, the present value of the remaining 216
2885	2885	annuity payments shall be paid as provided under 217
2886	2886	subsection 3 of section 104.620. If the 218
2887	2887	beneficiary survives the retiree but dies before 219
2888	2888	receiving the remainder of such one hundred 220
2889	2889	twenty monthly payments, the present value of 221
2890	2890	the remaining annuity payments shall be paid as 222
2891	2891	provided under subsection 3 of section 104.620. 223
2892	2892	Option 4. 224
2893	2893	A retiree's life annuity shall be reduced to 225
2894	2894	eighty-six percent of the annuity otherwise 226
2895	2895	payable. If the retiree dies before having 227
2896	2896	received one hundred eighty monthly payments, 228
2897	2897	the reduced annuity shall be continued for the 229
2898	2898	remainder of the one hundred eighty -month period 230 HCS SS SB 75 92
2899	2899	to the retiree's designated beneficiary provided 231
2900	2900	that if there is no benefic iary surviving the 232
2901	2901	retiree, the present value of the remaining 233
2902	2902	annuity payments shall be paid as provided under 234
2903	2903	subsection 3 of section 104.620. If the 235
2904	2904	beneficiary survives the retiree but dies before 236
2905	2905	receiving the remainder of such one hundred 237
2906	2906	eighty monthly payments, the present value of 238
2907	2907	the remaining annuity payments shall be paid as 239
2908	2908	provided under subsection 3 of section 104.620. 240
2909	2909	11. The provisions of subsection 6 of section 104.1024 241
2910	2910	shall not apply to members covered by this section. 242
2911	2911	12. Effective January 1, 2018, a member who is not a 243
2912	2912	statewide elected official or a member of the general 244
2913	2913	assembly shall be eligible for retirement under this 245
2914	2914	subsection subject to the following conditions: 246
2915	2915	(1) A member's normal retirement el igibility shall be 247
2916	2916	based on the attainment of at least age sixty -seven and the 248
2917	2917	completion of at least five years of credited service; or 249
2918	2918	the member's attainment of at least age fifty -five with the 250
2919	2919	sum of the member's age and credited service equaling a t 251
2920	2920	least ninety; or in the case of a member who is serving as a 252
2921	2921	uniformed member of the highway patrol and subject to the 253
2922	2922	mandatory retirement provisions of section 104.081, such 254
2923	2923	member's attainment of at least age sixty or the attainment 255
2924	2924	of at least age fifty-five with five years of credited 256
2925	2925	service; 257
2926	2926	(2) A vested former member's normal retirement 258
2927	2927	eligibility shall be based on the attainment of at least age 259
2928	2928	sixty-seven and the completion of at least five years of 260
2929	2929	credited service; except that, a vested former member who 261
2930	2930	terminates employment after the attainment of normal 262 HCS SS SB 75 93
2931	2931	retirement eligibility as defined in subdivision (1) of this 263
2932	2932	subsection shall be covered under such subdivision; 264
2933	2933	(3) A temporary annuity paid under subsection 4 of 265
2934	2934	section 104.1024 shall be payable if the member has attained 266
2935	2935	at least age fifty-five with the sum of the member's age and 267
2936	2936	credited service equaling at least ninety; or in the case of 268
2937	2937	a member who is serving as a uniformed member of the highway 269
2938	2938	patrol and subject to the mandatory retirement provisions of 270
2939	2939	section 104.081, the temporary annuity shall be payable if 271
2940	2940	the member has attained at least age sixty, or at least age 272
2941	2941	fifty-five with five years of credited service; 273
2942	2942	(4) A member, other than a m ember who is serving as a 274
2943	2943	uniformed member of the highway patrol and subject to the 275
2944	2944	mandatory retirement provisions of section 104.081, shall be 276
2945	2945	eligible for an early retirement annuity upon the attainment 277
2946	2946	of at least age sixty -two and the completion o f at least 278
2947	2947	five years of credited service. A vested former member who 279
2948	2948	terminated employment prior to the attainment of early 280
2949	2949	retirement eligibility shall not be eligible for early 281
2950	2950	retirement; 282
2951	2951	(5) The normal and early retirement eligibility 283
2952	2952	requirements in this subsection shall apply for purposes of 284
2953	2953	administering section 104.1087; 285
2954	2954	(6) The survivor annuity payable under section 286
2955	2955	104.1030 for vested former members who terminated employment 287
2956	2956	prior to the attainment of early retirement eligibi lity and 288
2957	2957	who are covered by this section shall not be payable until 289
2958	2958	the deceased member would have reached his or her normal 290
2959	2959	retirement eligibility under this subsection; 291
2960	2960	(7) The annual cost-of-living adjustment payable under 292
2961	2961	section 104.1045 sha ll not commence until the second 293
2962	2962	anniversary of [a vested former member's ] the annuity 294 HCS SS SB 75 94
2963	2963	starting date for vested former members who terminated 295
2964	2964	employment prior to the attainment of early retirement 296
2965	2965	eligibility and who are covered by this subsection; 297
2966	2966	(8) The unused sick leave credit granted under 298
2967	2967	subsection 2 of section 104.1021 shall not apply to members 299
2968	2968	covered by this subsection unless the member terminates 300
2969	2969	employment after reaching normal retirement eligibility or 301
2970	2970	becoming eligible for an ea rly retirement annuity under this 302
2971	2971	subsection; and 303
2972	2972	(9) The minimum credited service requirements of five 304
2973	2973	years contained in sections 104.1018, 104.1030, 104.1036, 305
2974	2974	and 104.1051 shall be five years for members covered by this 306
2975	2975	subsection. 307
2976	2976	168.082. Any person who was employed as a speech 1
2977	2977	implementer before August 1, 2022, that is employed in a 2
2978	2978	position on or after August 28, 2023 as a speech -language 3
2979	2979	pathology assistant, shall be considered a speech 4
2980	2980	implementer for purposes of c ertification that the 5
2981	2981	department of elementary and secondary education required 6
2982	2982	such person to hold before August 1, 2022, and for purposes 7
2983	2983	of consideration of Social Security coverage. Such person 8
2984	2984	shall not be considered a speech implementer, as desc ribed 9
2985	2985	in this section, when such person dies, retires, or no 10
2986	2986	longer works in a speech -language pathology assistant 11
2987	2987	position. The term "speech-language pathology assistant" as 12
2988	2988	used in this section shall have the same meaning as such 13
2989	2989	term is defined in section 345.015. 14
2990	2990	169.070. 1. The retirement allowance of a member 1
2991	2991	whose age at retirement is sixty years or more and whose 2
2992	2992	creditable service is five years or more, or whose sum of 3
2993	2993	age and creditable service equals eighty years or more, or 4
2994	2994	who has attained age fifty -five and whose creditable service 5 HCS SS SB 75 95
2995	2995	is twenty-five years or more or whose creditable service is 6
2996	2996	thirty years or more regardless of age, may be the sum of 7
2997	2997	the following items, not to exceed one hundred percent of 8
2998	2998	the member's final average salary: 9
2999	2999	(1) Two and five-tenths percent of the member's final 10
3000	3000	average salary for each year of membership service; 11
3001	3001	(2) Six-tenths of the amount payable for a year of 12
3002	3002	membership service for each year of prior service not 13
3003	3003	exceeding thirty years. 14
3004	3004	In lieu of the retirement allowance otherwise provided in 15
3005	3005	subdivisions (1) and (2) of this subsection, a member may 16
3006	3006	elect to receive a retirement allowance of: 17
3007	3007	(3) Two and four-tenths percent of the member's final 18
3008	3008	average salary for each year of membership service, if the 19
3009	3009	member's creditable service is twenty -nine years or more but 20
3010	3010	less than thirty years, and the member has not attained age 21
3011	3011	fifty-five; 22
3012	3012	(4) Two and thirty-five-hundredths percent of the 23
3013	3013	member's final average salary for each year of membership 24
3014	3014	service, if the member's creditable service is twenty -eight 25
3015	3015	years or more but less than twenty -nine years, and the 26
3016	3016	member has not attained age fifty -five; 27
3017	3017	(5) Two and three-tenths percent of the membe r's final 28
3018	3018	average salary for each year of membership service, if the 29
3019	3019	member's creditable service is twenty -seven years or more 30
3020	3020	but less than twenty -eight years, and the member has not 31
3021	3021	attained age fifty-five; 32
3022	3022	(6) Two and twenty-five-hundredths percent of the 33
3023	3023	member's final average salary for each year of membership 34
3024	3024	service, if the member's creditable service is twenty -six 35 HCS SS SB 75 96
3025	3025	years or more but less than twenty -seven years, and the 36
3026	3026	member has not attained age fifty -five; 37
3027	3027	(7) Two and two-tenths percent of the member's final 38
3028	3028	average salary for each year of membership service, if the 39
3029	3029	member's creditable service is twenty -five years or more but 40
3030	3030	less than twenty-six years, and the member has not attained 41
3031	3031	age fifty-five; 42
3032	3032	(8) [Between July 1, 2001, and July 1, 2014, ] Two and 43
3033	3033	fifty-five hundredths percent of the member's final average 44
3034	3034	salary for each year of membership service, if the member's 45
3035	3035	creditable service is [thirty-one] thirty-two years or more 46
3036	3036	regardless of age. 47
3037	3037	2. In lieu of the retirement allowance provided in 48
3038	3038	subsection 1 of this section, a member whose age is sixty 49
3039	3039	years or more on September 28, 1975, may elect to have the 50
3040	3040	member's retirement allowance calculated as a sum of the 51
3041	3041	following items: 52
3042	3042	(1) Sixty cents plus one and five-tenths percent of 53
3043	3043	the member's final average salary for each year of 54
3044	3044	membership service; 55
3045	3045	(2) Six-tenths of the amount payable for a year of 56
3046	3046	membership service for each year of prior service not 57
3047	3047	exceeding thirty years; 58
3048	3048	(3) Three-fourths of one percent of the sum of 59
3049	3049	subdivisions (1) and (2) of this subsection for each month 60
3050	3050	of attained age in excess of sixty years but not in excess 61
3051	3051	of age sixty-five. 62
3052	3052	3. (1) In lieu of the retirement allowance provided 63
3053	3053	either in subsection 1 or 2 of this section, collectively 64
3054	3054	called "option 1", a member whose creditable service is 65
3055	3055	twenty-five years or more or who has attained the age of 66
3056	3056	fifty-five with five or more years of creditable service may 67 HCS SS SB 75 97
3057	3057	elect in the member's applicatio n for retirement to receive 68
3058	3058	the actuarial equivalent of the member's retirement 69
3059	3059	allowance in reduced monthly payments for life during 70
3060	3060	retirement with the provision that: 71
3061	3061	Option 2. 72
3062	3062	Upon the member's death the reduced retirement 73
3063	3063	allowance shall be cont inued throughout the life 74
3064	3064	of and paid to such person as has an insurable 75
3065	3065	interest in the life of the member as the member 76
3066	3066	shall have nominated in the member's election of 77
3067	3067	the option, and provided further that if the 78
3068	3068	person so nominated dies before the retired 79
3069	3069	member, the retirement allowance will be 80
3070	3070	increased to the amount the retired member would 81
3071	3071	be receiving had the retired member elected 82
3072	3072	option 1; or 83
3073	3073	Option 3. 84
3074	3074	Upon the death of the member three -fourths of 85
3075	3075	the reduced retirement allowance shal l be 86
3076	3076	continued throughout the life of and paid to 87
3077	3077	such person as has an insurable interest in the 88
3078	3078	life of the member and as the member shall have 89
3079	3079	nominated in an election of the option, and 90
3080	3080	provided further that if the person so nominated 91
3081	3081	dies before the retired member, the retirement 92
3082	3082	allowance will be increased to the amount the 93
3083	3083	retired member would be receiving had the member 94
3084	3084	elected option 1; or 95
3085	3085	Option 4. 96
3086	3086	Upon the death of the member one -half of the 97
3087	3087	reduced retirement allowance shall be conti nued 98
3088	3088	throughout the life of, and paid to, such person 99 HCS SS SB 75 98
3089	3089	as has an insurable interest in the life of the 100
3090	3090	member and as the member shall have nominated in 101
3091	3091	an election of the option, and provided further 102
3092	3092	that if the person so nominated dies before the 103
3093	3093	retired member, the retirement allowance shall 104
3094	3094	be increased to the amount the retired member 105
3095	3095	would be receiving had the member elected option 106
3096	3096	1; or 107
3097	3097	Option 5. 108
3098	3098	Upon the death of the member prior to the member 109
3099	3099	having received one hundred twenty monthly 110
3100	3100	payments of the member's reduced allowance, the 111
3101	3101	remainder of the one hundred twenty monthly 112
3102	3102	payments of the reduced allowance shall be paid 113
3103	3103	to such beneficiary as the member shall have 114
3104	3104	nominated in the member's election of the option 115
3105	3105	or in a subsequent nomination. If there is no 116
3106	3106	beneficiary so nominated who survives the member 117
3107	3107	for the remainder of the one hundred twenty 118
3108	3108	monthly payments, the total of the remainder of 119
3109	3109	such one hundred twenty monthly payments shall 120
3110	3110	be paid to the surviving spouse, sur viving 121
3111	3111	children in equal shares, surviving parents in 122
3112	3112	equal shares, or estate of the last person, in 123
3113	3113	that order of precedence, to receive a monthly 124
3114	3114	allowance in a lump sum payment. If the total 125
3115	3115	of the one hundred twenty payments paid to the 126
3116	3116	retired individual and the beneficiary of the 127
3117	3117	retired individual is less than the total of the 128
3118	3118	member's accumulated contributions, the 129
3119	3119	difference shall be paid to the beneficiary in a 130
3120	3120	lump sum; or 131 HCS SS SB 75 99
3121	3121	Option 6. 132
3122	3122	Upon the death of the member prior to the member 133
3123	3123	having received sixty monthly payments of the 134
3124	3124	member's reduced allowance, the remainder of the 135
3125	3125	sixty monthly payments of the reduced allowance 136
3126	3126	shall be paid to such beneficiary as the member 137
3127	3127	shall have nominated in the member's election of 138
3128	3128	the option or in a subsequent nomination. If 139
3129	3129	there is no beneficiary so nominated who 140
3130	3130	survives the member for the remainder of the 141
3131	3131	sixty monthly payments, the total of the 142
3132	3132	remainder of such sixty monthly payments shall 143
3133	3133	be paid to the surviving spouse, surviving 144
3134	3134	children in equal shares, surviving parents in 145
3135	3135	equal shares, or estate of the last person, in 146
3136	3136	that order of precedence, to receive a monthly 147
3137	3137	allowance in a lump sum payment. If the total 148
3138	3138	of the sixty payments paid to the retired 149
3139	3139	individual and the b eneficiary of the retired 150
3140	3140	individual is less than the total of the 151
3141	3141	member's accumulated contributions, the 152
3142	3142	difference shall be paid to the beneficiary in a 153
3143	3143	lump sum. 154
3144	3144	(2) The election of an option may be made only in the 155
3145	3145	application for retiremen t and such application must be 156
3146	3146	filed prior to the date on which the retirement of the 157
3147	3147	member is to be effective. If either the member or the 158
3148	3148	person nominated to receive the survivorship payments dies 159
3149	3149	before the effective date of retirement, the option shall 160
3150	3150	not be effective, provided that: 161
3151	3151	(a) If the member or a person retired on disability 162
3152	3152	retirement dies after acquiring twenty -five or more years of 163 HCS SS SB 75 100
3153	3153	creditable service or after attaining the age of fifty -five 164
3154	3154	years and acquiring five or more years of creditable service 165
3155	3155	and before retirement, except retirement with disability 166
3156	3156	benefits, and the person named by the member as the member's 167
3157	3157	beneficiary has an insurable interest in the life of the 168
3158	3158	deceased member, the designated beneficiary may e lect to 169
3159	3159	receive either survivorship benefits under option 2 or a 170
3160	3160	payment of the accumulated contributions of the member. If 171
3161	3161	survivorship benefits under option 2 are elected and the 172
3162	3162	member at the time of death would have been eligible to 173
3163	3163	receive an actuarial equivalent of the member's retirement 174
3164	3164	allowance, the designated beneficiary may further elect to 175
3165	3165	defer the option 2 payments until the date the member would 176
3166	3166	have been eligible to receive the retirement allowance 177
3167	3167	provided in subsection 1 or 2 of this section; 178
3168	3168	(b) If the member or a person retired on disability 179
3169	3169	retirement dies before attaining age fifty -five but after 180
3170	3170	acquiring five but fewer than twenty -five years of 181
3171	3171	creditable service, and the person named as the member's 182
3172	3172	beneficiary has an insurable interest in the life of the 183
3173	3173	deceased member, the designated beneficiary may elect to 184
3174	3174	receive either a payment of the member's accumulated 185
3175	3175	contributions, or survivorship benefits under option 2 to 186
3176	3176	begin on the date the member would first have been eligible 187
3177	3177	to receive an actuarial equivalent of the member's 188
3178	3178	retirement allowance, or to begin on the date the member 189
3179	3179	would first have been eligible to receive the retirement 190
3180	3180	allowance provided in subsection 1 or 2 of this section. 191
3181	3181	4. If the total of the retirement or disability 192
3182	3182	allowance paid to an individual before the death of the 193
3183	3183	individual is less than the accumulated contributions at the 194
3184	3184	time of retirement, the difference shall be paid to the 195 HCS SS SB 75 101
3185	3185	beneficiary of the individual, or t o the surviving spouse, 196
3186	3186	surviving children in equal shares, surviving parents in 197
3187	3187	equal shares, or estate of the individual in that order of 198
3188	3188	precedence. If an optional benefit as provided in option 2, 199
3189	3189	3 or 4 in subsection 3 of this section had been ele cted, and 200
3190	3190	the beneficiary dies after receiving the optional benefit, 201
3191	3191	and if the total retirement allowance paid to the retired 202
3192	3192	individual and the beneficiary of the retired individual is 203
3193	3193	less than the total of the contributions, the difference 204
3194	3194	shall be paid to the surviving spouse, surviving children in 205
3195	3195	equal shares, surviving parents in equal shares, or estate 206
3196	3196	of the beneficiary, in that order of precedence, unless the 207
3197	3197	retired individual designates a different recipient with the 208
3198	3198	board at or after retirement. 209
3199	3199	5. If a member dies and his or her financial 210
3200	3200	institution is unable to accept the final payment or 211
3201	3201	payments due to the member, the final payment or payments 212
3202	3202	shall be paid to the beneficiary of the member or, if there 213
3203	3203	is no beneficiary, to the surviving spouse, surviving 214
3204	3204	children in equal shares, surviving parents in equal shares, 215
3205	3205	or estate of the member, in that order of precedence, unless 216
3206	3206	otherwise stated. If the beneficiary of a deceased member 217
3207	3207	dies and his or her financial insti tution is unable to 218
3208	3208	accept the final payment or payments, the final payment or 219
3209	3209	payments shall be paid to the surviving spouse, surviving 220
3210	3210	children in equal shares, surviving parents in equal shares, 221
3211	3211	or estate of the member, in that order of precedence, unless 222
3212	3212	otherwise stated. 223
3213	3213	6. If a member dies before receiving a retirement 224
3214	3214	allowance, the member's accumulated contributions at the 225
3215	3215	time of the death of the member shall be paid to the 226
3216	3216	beneficiary of the member or, if there is no beneficiary, to 227 HCS SS SB 75 102
3217	3217	the surviving spouse, surviving children in equal shares, 228
3218	3218	surviving parents in equal shares, or to the estate of the 229
3219	3219	member, in that order of precedence; except that, no such 230
3220	3220	payment shall be made if the beneficiary elects option 2 in 231
3221	3221	subsection 3 of this section, unless the beneficiary dies 232
3222	3222	before having received benefits pursuant to that subsection 233
3223	3223	equal to the accumulated contributions of the member, in 234
3224	3224	which case the amount of accumulated contributions in excess 235
3225	3225	of the total benefits paid pursu ant to that subsection shall 236
3226	3226	be paid to the surviving spouse, surviving children in equal 237
3227	3227	shares, surviving parents in equal shares, or estate of the 238
3228	3228	beneficiary, in that order of precedence. 239
3229	3229	7. If a member ceases to be a public school employee 240
3230	3230	as herein defined and certifies to the board of trustees 241
3231	3231	that such cessation is permanent, or if the membership of 242
3232	3232	the person is otherwise terminated, the member shall be paid 243
3233	3233	the member's accumulated contributions with interest. 244
3234	3234	8. Notwithstanding any provisions of sections 169.010 245
3235	3235	to 169.141 to the contrary, if a member ceases to be a 246
3236	3236	public school employee after acquiring five or more years of 247
3237	3237	membership service in Missouri, the member may at the option 248
3238	3238	of the member leave the member's contri butions with the 249
3239	3239	retirement system and claim a retirement allowance any time 250
3240	3240	after reaching the minimum age for voluntary retirement. 251
3241	3241	When the member's claim is presented to the board, the 252
3242	3242	member shall be granted an allowance as provided in sections 253
3243	3243	169.010 to 169.141 on the basis of the member's age, years 254
3244	3244	of service, and the provisions of the law in effect at the 255
3245	3245	time the member requests the member's retirement to become 256
3246	3246	effective. 257
3247	3247	9. The retirement allowance of a member retired 258
3248	3248	because of disability shall be nine -tenths of the allowance 259 HCS SS SB 75 103
3249	3249	to which the member's creditable service would entitle the 260
3250	3250	member if the member's age were sixty, or fifty percent of 261
3251	3251	one-twelfth of the annual salary rate used in determining 262
3252	3252	the member's contributions during the last school year for 263
3253	3253	which the member received a year of creditable service 264
3254	3254	immediately prior to the member's disability, whichever is 265
3255	3255	greater, except that no such allowance shall exceed the 266
3256	3256	retirement allowance to which the member would ha ve been 267
3257	3257	entitled upon retirement at age sixty if the member had 268
3258	3258	continued to teach from the date of disability until age 269
3259	3259	sixty at the same salary rate. 270
3260	3260	10. Notwithstanding any provisions of sections 169.010 271
3261	3261	to 169.141 to the contrary, from Octobe r 13, 1961, the 272
3262	3262	contribution rate pursuant to sections 169.010 to 169.141 273
3263	3263	shall be multiplied by the factor of two -thirds for any 274
3264	3264	member of the system for whom federal Old Age and Survivors 275
3265	3265	Insurance tax is paid from state or local tax funds on 276
3266	3266	account of the member's employment entitling the person to 277
3267	3267	membership in the system. The monetary benefits for a 278
3268	3268	member who elected not to exercise an option to pay into the 279
3269	3269	system a retroactive contribution of four percent on that 280
3270	3270	part of the member's annu al salary rate which was in excess 281
3271	3271	of four thousand eight hundred dollars but not in excess of 282
3272	3272	eight thousand four hundred dollars for each year of 283
3273	3273	employment in a position covered by this system between July 284
3274	3274	1, 1957, and July 1, 1961, as provided in s ubsection 10 of 285
3275	3275	this section as it appears in RSMo, 1969, shall be the sum 286
3276	3276	of: 287
3277	3277	(1) For years of service prior to July 1, 1946, six - 288
3278	3278	tenths of the full amount payable for years of membership 289
3279	3279	service; 290 HCS SS SB 75 104
3280	3280	(2) For years of membership service after July 1, 291
3281	3281	1946, in which the full contribution rate was paid, full 292
3282	3282	benefits under the formula in effect at the time of the 293
3283	3283	member's retirement; 294
3284	3284	(3) For years of membership service after July 1, 295
3285	3285	1957, and prior to July 1, 1961, the benefits provided in 296
3286	3286	this section as it appears in RSMo, 1959; except that if the 297
3287	3287	member has at least thirty years of creditable service at 298
3288	3288	retirement the member shall receive the benefit payable 299
3289	3289	pursuant to that section as though the member's age were 300
3290	3290	sixty-five at retirement; 301
3291	3291	(4) For years of membership service after July 1, 302
3292	3292	1961, in which the two -thirds contribution rate was paid, 303
3293	3293	two-thirds of the benefits under the formula in effect at 304
3294	3294	the time of the member's retirement. 305
3295	3295	11. The monetary benefits f or each other member for 306
3296	3296	whom federal Old Age and Survivors Insurance tax is or was 307
3297	3297	paid at any time from state or local funds on account of the 308
3298	3298	member's employment entitling the member to membership in 309
3299	3299	the system shall be the sum of: 310
3300	3300	(1) For years of service prior to July 1, 1946, six - 311
3301	3301	tenths of the full amount payable for years of membership 312
3302	3302	service; 313
3303	3303	(2) For years of membership service after July 1, 314
3304	3304	1946, in which the full contribution rate was paid, full 315
3305	3305	benefits under the formula in e ffect at the time of the 316
3306	3306	member's retirement; 317
3307	3307	(3) For years of membership service after July 1, 318
3308	3308	1957, in which the two -thirds contribution rate was paid, 319
3309	3309	two-thirds of the benefits under the formula in effect at 320
3310	3310	the time of the member's retiremen t. 321 HCS SS SB 75 105
3311	3311	12. Any retired member of the system who was retired 322
3312	3312	prior to September 1, 1972, or beneficiary receiving 323
3313	3313	payments under option 1 or option 2 of subsection 3 of this 324
3314	3314	section, as such option existed prior to September 1, 1972, 325
3315	3315	will be eligible to receive an increase in the retirement 326
3316	3316	allowance of the member of two percent for each year, or 327
3317	3317	major fraction of more than one -half of a year, which the 328
3318	3318	retired member has been retired prior to July 1, 1975. This 329
3319	3319	increased amount shall be payable c ommencing with January, 330
3320	3320	1976, and shall thereafter be referred to as the member's 331
3321	3321	retirement allowance. The increase provided for in this 332
3322	3322	subsection shall not affect the retired member's eligibility 333
3323	3323	for compensation provided for in section 169.580 or 169.585, 334
3324	3324	nor shall the amount being paid pursuant to these sections 335
3325	3325	be reduced because of any increases provided for in this 336
3326	3326	section. 337
3327	3327	13. If the board of trustees determines that the cost 338
3328	3328	of living, as measured by generally accepted standards, 339
3329	3329	increases two percent or more in the preceding fiscal year, 340
3330	3330	the board shall increase the retirement allowances which the 341
3331	3331	retired members or beneficiaries are receiving by two 342
3332	3332	percent of the amount being received by the retired member 343
3333	3333	or the beneficiary at the time the annual increase is 344
3334	3334	granted by the board with the provision that the increases 345
3335	3335	provided for in this subsection shall not become effective 346
3336	3336	until the fourth January first following the member's 347
3337	3337	retirement or January 1, 1977, whichever late r occurs, or in 348
3338	3338	the case of any member retiring on or after July 1, 2000, 349
3339	3339	the increase provided for in this subsection shall not 350
3340	3340	become effective until the third January first following the 351
3341	3341	member's retirement, or in the case of any member retiring 352
3342	3342	on or after July 1, 2001, the increase provided for in this 353 HCS SS SB 75 106
3343	3343	subsection shall not become effective until the second 354
3344	3344	January first following the member's retirement. Commencing 355
3345	3345	with January 1, 1992, if the board of trustees determines 356
3346	3346	that the cost of liv ing has increased five percent or more 357
3347	3347	in the preceding fiscal year, the board shall increase the 358
3348	3348	retirement allowances by five percent. The total of the 359
3349	3349	increases granted to a retired member or the beneficiary 360
3350	3350	after December 31, 1976, may not exceed eighty percent of 361
3351	3351	the retirement allowance established at retirement or as 362
3352	3352	previously adjusted by other subsections. If the cost of 363
3353	3353	living increases less than five percent, the board of 364
3354	3354	trustees may determine the percentage of increase to be made 365
3355	3355	in retirement allowances, but at no time can the increase 366
3356	3356	exceed five percent per year. If the cost of living 367
3357	3357	decreases in a fiscal year, there will be no increase in 368
3358	3358	allowances for retired members on the following January 369
3359	3359	first. 370
3360	3360	14. The board of trustees may reduce the amounts which 371
3361	3361	have been granted as increases to a member pursuant to 372
3362	3362	subsection 13 of this section if the cost of living, as 373
3363	3363	determined by the board and as measured by generally 374
3364	3364	accepted standards, is less than the cost of living was at 375
3365	3365	the time of the first increase granted to the member; except 376
3366	3366	that, the reductions shall not exceed the amount of 377
3367	3367	increases which have been made to the member's allowance 378
3368	3368	after December 31, 1976. 379
3369	3369	15. Any application for retirement shall in clude a 380
3370	3370	sworn statement by the member certifying that the spouse of 381
3371	3371	the member at the time the application was completed was 382
3372	3372	aware of the application and the plan of retirement elected 383
3373	3373	in the application. 384 HCS SS SB 75 107
3374	3374	16. Notwithstanding any other provision o f law, any 385
3375	3375	person retired prior to September 28, 1983, who is receiving 386
3376	3376	a reduced retirement allowance under option 1 or option 2 of 387
3377	3377	subsection 3 of this section, as such option existed prior 388
3378	3378	to September 28, 1983, and whose beneficiary nominated to 389
3379	3379	receive continued retirement allowance payments under the 390
3380	3380	elected option dies or has died, shall upon application to 391
3381	3381	the board of trustees have his or her retirement allowance 392
3382	3382	increased to the amount he or she would have been receiving 393
3383	3383	had the option not been elected, actuarially adjusted to 394
3384	3384	recognize any excessive benefits which would have been paid 395
3385	3385	to him or her up to the time of application. 396
3386	3386	17. Benefits paid pursuant to the provisions of the 397
3387	3387	public school retirement system of Missouri shall not exceed 398
3388	3388	the limitations of Section 415 of Title 26 of the United 399
3389	3389	States Code except as provided pursuant to this subsection. 400
3390	3390	Notwithstanding any other law to the contrary, the board of 401
3391	3391	trustees may establish a benefit plan pursuant to Section 402
3392	3392	415(m) of Title 26 of the United States Code. Such plan 403
3393	3393	shall be created solely for the purpose described in Section 404
3394	3394	415(m)(3)(A) of Title 26 of the United States Code. The 405
3395	3395	board of trustees may promulgate regulations necessary to 406
3396	3396	implement the provision s of this subsection and to create 407
3397	3397	and administer such benefit plan. 408
3398	3398	18. Notwithstanding any other provision of law to the 409
3399	3399	contrary, any person retired before, on, or after May 26, 410
3400	3400	1994, shall be made, constituted, appointed and employed by 411
3401	3401	the board as a special consultant on the matters of 412
3402	3402	education, retirement and aging, and upon request shall give 413
3403	3403	written or oral opinions to the board in response to such 414
3404	3404	requests. As compensation for such duties the person shall 415
3405	3405	receive an amount based on the person's years of service so 416 HCS SS SB 75 108
3406	3406	that the total amount received pursuant to sections 169.010 417
3407	3407	to 169.141 shall be at least the minimum amounts specified 418
3408	3408	in subdivisions (1) to (4) of this subsection. In 419
3409	3409	determining the minimum amount to be received, t he amounts 420
3410	3410	in subdivisions (3) and (4) of this subsection shall be 421
3411	3411	adjusted in accordance with the actuarial adjustment, if 422
3412	3412	any, that was applied to the person's retirement allowance. 423
3413	3413	In determining the minimum amount to be received, beginning 424
3414	3414	September 1, 1996, the amounts in subdivisions (1) and (2) 425
3415	3415	of this subsection shall be adjusted in accordance with the 426
3416	3416	actuarial adjustment, if any, that was applied to the 427
3417	3417	person's retirement allowance due to election of an optional 428
3418	3418	form of retirement havin g a continued monthly payment after 429
3419	3419	the person's death. Notwithstanding any other provision of 430
3420	3420	law to the contrary, no person retired before, on, or after 431
3421	3421	May 26, 1994, and no beneficiary of such a person, shall 432
3422	3422	receive a retirement benefit pursuant t o sections 169.010 to 433
3423	3423	169.141 based on the person's years of service less than the 434
3424	3424	following amounts: 435
3425	3425	(1) Thirty or more years of service, one thousand two 436
3426	3426	hundred dollars; 437
3427	3427	(2) At least twenty-five years but less than thirty 438
3428	3428	years, one thousand dollars; 439
3429	3429	(3) At least twenty years but less than twenty -five 440
3430	3430	years, eight hundred dollars; 441
3431	3431	(4) At least fifteen years but less than twenty years, 442
3432	3432	six hundred dollars. 443
3433	3433	19. Notwithstanding any other provisions of law to the 444
3434	3434	contrary, any person retired prior to May 26, 1994, and any 445
3435	3435	designated beneficiary of such a retired member who was 446
3436	3436	deceased prior to July 1, 1999, shall be made, constituted, 447
3437	3437	appointed and employed by the board as a special consultant 448 HCS SS SB 75 109
3438	3438	on the matters of educat ion, retirement or aging and upon 449
3439	3439	request shall give written or oral opinions to the board in 450
3440	3440	response to such requests. Beginning September 1, 1996, as 451
3441	3441	compensation for such service, the member shall have added, 452
3442	3442	pursuant to this subsection, to the me mber's monthly annuity 453
3443	3443	as provided by this section a dollar amount equal to the 454
3444	3444	lesser of sixty dollars or the product of two dollars 455
3445	3445	multiplied by the member's number of years of creditable 456
3446	3446	service. Beginning September 1, 1999, the designated 457
3447	3447	beneficiary of the deceased member shall as compensation for 458
3448	3448	such service have added, pursuant to this subsection, to the 459
3449	3449	monthly annuity as provided by this section a dollar amount 460
3450	3450	equal to the lesser of sixty dollars or the product of two 461
3451	3451	dollars multiplied by the member's number of years of 462
3452	3452	creditable service. The total compensation provided by this 463
3453	3453	section including the compensation provided by this 464
3454	3454	subsection shall be used in calculating any future cost -of- 465
3455	3455	living adjustments provided by subsection 1 3 of this section. 466
3456	3456	20. Any member who has retired prior to July 1, 1998, 467
3457	3457	and the designated beneficiary of a deceased retired member 468
3458	3458	shall be made, constituted, appointed and employed by the 469
3459	3459	board as a special consultant on the matters of educatio n, 470
3460	3460	retirement and aging, and upon request shall give written or 471
3461	3461	oral opinions to the board in response to such requests. As 472
3462	3462	compensation for such duties the person shall receive a 473
3463	3463	payment equivalent to eight and seven -tenths percent of the 474
3464	3464	previous month's benefit, which shall be added to the 475
3465	3465	member's or beneficiary's monthly annuity and which shall 476
3466	3466	not be subject to the provisions of subsections 13 and 14 of 477
3467	3467	this section for the purposes of the limit on the total 478
3468	3468	amount of increases which may be received. 479 HCS SS SB 75 110
3469	3469	21. Any member who has retired shall be made, 480
3470	3470	constituted, appointed and employed by the board as a 481
3471	3471	special consultant on the matters of education, retirement 482
3472	3472	and aging, and upon request shall give written or oral 483
3473	3473	opinions to the board in response to such request. As 484
3474	3474	compensation for such duties, the beneficiary of the retired 485
3475	3475	member, or, if there is no beneficiary, the surviving 486
3476	3476	spouse, surviving children in equal shares, surviving 487
3477	3477	parents in equal shares, or estate of the retired member, in 488
3478	3478	that order of precedence, shall receive as a part of 489
3479	3479	compensation for these duties a death benefit of five 490
3480	3480	thousand dollars. 491
3481	3481	22. Any member who has retired prior to July 1, 1999, 492
3482	3482	and the designated beneficiary of a retired member who w as 493
3483	3483	deceased prior to July 1, 1999, shall be made, constituted, 494
3484	3484	appointed and employed by the board as a special consultant 495
3485	3485	on the matters of education, retirement and aging, and upon 496
3486	3486	request shall give written or oral opinions to the board in 497
3487	3487	response to such requests. As compensation for such duties, 498
3488	3488	the person shall have added, pursuant to this subsection, to 499
3489	3489	the monthly annuity as provided by this section a dollar 500
3490	3490	amount equal to five dollars times the member's number of 501
3491	3491	years of creditable ser vice. 502
3492	3492	23. Any member who has retired prior to July 1, 2000, 503
3493	3493	and the designated beneficiary of a deceased retired member 504
3494	3494	shall be made, constituted, appointed and employed by the 505
3495	3495	board as a special consultant on the matters of education, 506
3496	3496	retirement and aging, and upon request shall give written or 507
3497	3497	oral opinions to the board in response to such requests. As 508
3498	3498	compensation for such duties, the person shall receive a 509
3499	3499	payment equivalent to three and five -tenths percent of the 510
3500	3500	previous month's benefi t, which shall be added to the member 511 HCS SS SB 75 111
3501	3501	or beneficiary's monthly annuity and which shall not be 512
3502	3502	subject to the provisions of subsections 13 and 14 of this 513
3503	3503	section for the purposes of the limit on the total amount of 514
3504	3504	increases which may be received. 515
3505	3505	24. Any member who has retired prior to July 1, 2001, 516
3506	3506	and the designated beneficiary of a deceased retired member 517
3507	3507	shall be made, constituted, appointed and employed by the 518
3508	3508	board as a special consultant on the matters of education, 519
3509	3509	retirement and aging , and upon request shall give written or 520
3510	3510	oral opinions to the board in response to such requests. As 521
3511	3511	compensation for such duties, the person shall receive a 522
3512	3512	dollar amount equal to three dollars times the member's 523
3513	3513	number of years of creditable service , which shall be added 524
3514	3514	to the member's or beneficiary's monthly annuity and which 525
3515	3515	shall not be subject to the provisions of subsections 13 and 526
3516	3516	14 of this section for the purposes of the limit on the 527
3517	3517	total amount of increases which may be received. 528
3518	3518	169.141. 1. Any person receiving a retirement 1
3519	3519	allowance under sections 169.010 to 169.140, and who elected 2
3520	3520	a reduced retirement allowance under subsection 3 of section 3
3521	3521	169.070 with his or her spouse as the nominated beneficiary, 4
3522	3522	may nominate a successor beneficiary under either of the 5
3523	3523	following circumstances: 6
3524	3524	(1) If the nominated beneficiary precedes the retired 7
3525	3525	person in death, the retired person may, upon remarriage, 8
3526	3526	nominate the new spouse under the same option elected in the 9
3527	3527	application for retirement; 10
3528	3528	(2) If the marriage of the retired person and the 11
3529	3529	nominated beneficiary is dissolved, and if the dissolution 12
3530	3530	decree provides for sole retention by the retired person of 13
3531	3531	all rights in the retirement allowance, th e retired person 14 HCS SS SB 75 112
3532	3532	may, upon remarriage, nominate the new spouse under the same 15
3533	3533	option elected in the application for retirement. 16
3534	3534	2. Any nomination of a successor beneficiary under 17
3535	3535	subdivision (1) or (2) of subsection 1 of this section must 18
3536	3536	be made in accordance with procedures established by the 19
3537	3537	board of trustees, and must be filed within ninety days of 20
3538	3538	May 6, 1993, or within one year of the remarriage, whichever 21
3539	3539	later occurs. Upon receipt of a successor nomination filed 22
3540	3540	in accordance with tho se procedures, the board shall adjust 23
3541	3541	the retirement allowance to reflect actuarial considerations 24
3542	3542	of that nomination as well as previous beneficiary and 25
3543	3543	successor beneficiary nominations. 26
3544	3544	3. Any person receiving a retirement allowance under 27
3545	3545	sections 169.010 to 169.140 who elected a reduced retirement 28
3546	3546	allowance under subsection 3 of section 169.070 with his or 29
3547	3547	her spouse as the nominated beneficiary may have the 30
3548	3548	retirement allowance increased to the amount the retired 31
3549	3549	member would be receiving had the retired member elected 32
3550	3550	option 1 if: 33
3551	3551	(1) The marriage of the retired person and the 34
3552	3552	nominated spouse is dissolved on or after September 1, 2017, 35
3553	3553	and the dissolution decree provides for sole retention by 36
3554	3554	the retired person of all rights in the retirement 37
3555	3555	allowance; or 38
3556	3556	(2) The marriage of the retired person and the 39
3557	3557	nominated spouse was dissolved before September 1, 2017, and: 40
3558	3558	(a) The dissolution decree provides for sole retention 41
3559	3559	by the retired person of all rights in the reti rement 42
3560	3560	allowance, and the parties obtain an amended or modified 43
3561	3561	dissolution decree after September 1, 2017, providing for 44
3562	3562	the immediate removal of the nominated spouse, or the 45
3563	3563	nominated spouse consents in writing to his or her immediate 46 HCS SS SB 75 113
3564	3564	removal as nominated beneficiary and disclaims all rights to 47
3565	3565	future benefits to the satisfaction of the board of 48
3566	3566	trustees; or 49
3567	3567	(b) The dissolution decree does not provide for sole 50
3568	3568	retention by the retired person of all rights in the 51
3569	3569	retirement allowance and the parties obtain an amended or 52
3570	3570	modified dissolution decree after September 1, 2017, which 53
3571	3571	provides for sole retention by the retired person of all 54
3572	3572	rights in the retirement allowance; and 55
3573	3573	(3) The person receives a retirement allowance under 56
3574	3574	subsection 3 of section 169.070. 57
3575	3575	Any such increase in the retirement allowance shall be 58
3576	3576	effective upon the receipt of an application for such 59
3577	3577	increase and a certified copy of the decree of dissolution 60
3578	3578	and separation agreement, if applicable, that meets the 61
3579	3579	requirements of this section. 62
3580	3580	4. Any person receiving a retirement allowance under 63
3581	3581	sections 169.010 to 169.140, who, on or before September 1, 64
3582	3582	2015, elected a reduced retirement allowance under 65
3583	3583	subsection 3 of section 169.070 with his or her same -sex 66
3584	3584	domestic partner as the nominated beneficiary, may have the 67
3585	3585	retirement allowance increased to the amount the retired 68
3586	3586	member would be receiving had the retired member elected 69
3587	3587	option 1 if: 70
3588	3588	(1) The retired person executes an affidavit attesting 71
3589	3589	to the existence of a same -sex domestic partnership at the 72
3590	3590	time of the nomination of the beneficiary and that the same - 73
3591	3591	sex domestic partnership has since ended, with such 74
3592	3592	supporting information and documentation as required by the 75
3593	3593	board of trustees; 76 HCS SS SB 75 114
3594	3594	(2) The nominated beneficiary consents in writing to 77
3595	3595	his or her immediate removal as nominated beneficiary and 78
3596	3596	disclaims all rights to future benefits to the satisfaction 79
3597	3597	of the board of trustees, or the parties obtain a court 80
3598	3598	order or judgment afte r September 1, 2023, which provides 81
3599	3599	that the nominated beneficiary may be removed; 82
3600	3600	(3) If the retired person and the nominated 83
3601	3601	beneficiary were legally married in a state that recognized 84
3602	3602	same-sex marriage at the time of retirement or have since 85
3603	3603	become legally married, the marriage must be dissolved and 86
3604	3604	the dissolution decree must provide for sole retention by 87
3605	3605	the retired person of all rights in the retirement 88
3606	3606	allowance; and 89
3607	3607	(4) The person receives a retirement allowance under 90
3608	3608	subsection 3 of section 169.070. 91
3609	3609	5. Any person receiving a retirement allowance under 92
3610	3610	sections 169.010 to 169.140, who, on or before September 1, 93
3611	3611	2015, elected a reduced retirement allowance under 94
3612	3612	subsection 3 of section 169.070 with his or her same -sex 95
3613	3613	domestic partner as the nominated beneficiary, may nominate 96
3614	3614	a successor beneficiary under the following circumstances: 97
3615	3615	(1) If the nominated same -sex domestic partner 98
3616	3616	precedes the retired person in death, and the retired person 99
3617	3617	executes an affidavit a ttesting to the existence of the same - 100
3618	3618	sex domestic partnership at the time of the nomination of 101
3619	3619	the beneficiary, the retired person may, upon a later 102
3620	3620	marriage, nominate his or her spouse under the same option 103
3621	3621	elected in the application for retirement; or 104
3622	3622	(2) If the retired person executes an affidavit 105
3623	3623	attesting to the existence of the same -sex domestic 106
3624	3624	partnership at the time of the nomination of the beneficiary 107
3625	3625	and that the same-sex domestic partnership has since ended, 108 HCS SS SB 75 115
3626	3626	and the nominated same -sex domestic partner consents in 109
3627	3627	writing to his or her immediate removal as nominated 110
3628	3628	beneficiary and disclaims all rights to future benefits to 111
3629	3629	the satisfaction of the board of trustees or the parties 112
3630	3630	obtain a court order or judgment after September 1, 2023, 113
3631	3631	which provides that the nominated beneficiary may be 114
3632	3632	removed, the retired person may, upon a later marriage, 115
3633	3633	nominate his or her spouse under the same option elected in 116
3634	3634	the application for retirement; 117
3635	3635	(3) In addition to the requirements of subsection (2) 118
3636	3636	of this section, if the retired person and the nominated 119
3637	3637	beneficiary were legally married in a state that recognized 120
3638	3638	same-sex marriage at the time of retirement or have since 121
3639	3639	become legally married, the marriage must be dissolved and 122
3640	3640	the dissolution decree must provide for sole retention by 123
3641	3641	the retired person of all rights in the retirement allowance. 124
3642	3642	6. Any nomination of successor beneficiary under 125
3643	3643	subdivision (1) or (2) of subsection 5 of this section shall 126
3644	3644	be made in accordance with procedures established by the 127
3645	3645	board of trustees, and shall be filed within one year of 128
3646	3646	September 1, 2023, or within one year of the marriage of the 129
3647	3647	retired person and successor beneficiary, whichever later 130
3648	3648	occurs. Upon receipt of a successo r nomination filed in 131
3649	3649	accordance with those procedures, the board shall adjust the 132
3650	3650	retirement allowance to reflect actuarial considerations of 133
3651	3651	that nomination as well as previous beneficiary and 134
3652	3652	successor beneficiary nominations. 135
3653	3653	7. For purposes of this section, the definition of 136
3654	3654	"same-sex domestic partners" shall be individuals of the 137
3655	3655	same sex who are at least eighteen years of age, who are not 138
3656	3656	related to a degree that would prohibit their marriage in 139
3657	3657	the law of the state where they reside, w ho are not married 140 HCS SS SB 75 116
3658	3658	to or a domestic partner of another person, and who live 141
3659	3659	together in a long-term relationship of indefinite duration 142
3660	3660	with an exclusive mutual commitment in which the domestic 143
3661	3661	partners agree to be jointly responsible for their common 144
3662	3662	welfare and to share financial obligations. For purposes of 145
3663	3663	this section, "same-sex domestic partners" shall also 146
3664	3664	include individuals of the same sex who were legally married 147
3665	3665	in a state that recognized same -sex marriage. 148
3666	3666	169.331. 1. Notwithstanding any other provision of 1
3667	3667	sections 169.270 to 169.400 to the contrary, a retired 2
3668	3668	certificated teacher receiving a retirement benefit from the 3
3669	3669	retirement system established pursuant to sections 169.270 4
3670	3670	to 169.400 may, without losing his or her retirement 5
3671	3671	benefit, teach full time for up to [two] four years for a 6
3672	3672	school district covered by such retirement system; provided 7
3673	3673	that the school district has a shortage of certified 8
3674	3674	teachers, as determined by the school district. The total 9
3675	3675	number of such retired certificated teachers shall not 10
3676	3676	exceed, at any one time, [fifteen] thirty certificated 11
3677	3677	teachers. 12
3678	3678	2. The employer's contribution rate shall be paid by 13
3679	3679	the hiring school district and the employee's contribution 14
3680	3680	rate shall be paid by the employee. 15
3681	3681	3. Any additional actuarial costs resulting from the 16
3682	3682	hiring of a retired certificated teacher pursuant to the 17
3683	3683	provisions of this section shall be paid by the hiring 18
3684	3684	school district. 19
3685	3685	4. In order to hire teachers pursuant to the 20
3686	3686	provisions of this section, the school district shall: 21
3687	3687	(1) Show a good faith effort to fill positions with 22
3688	3688	nonretired certificated teachers; 23
3689	3689	(2) Post the vacancy for at least one month; 24 HCS SS SB 75 117
3690	3690	(3) Have not offered early retirement incenti ves for 25
3691	3691	either of the previous two years; 26
3692	3692	(4) Solicit applications through the local newspaper, 27
3693	3693	other media, or teacher education programs; 28
3694	3694	(5) Determine there is an insufficient number of 29
3695	3695	eligible applicants for the advertised position; and 30
3696	3696	(6) Declare a critical shortage of certificated 31
3697	3697	teachers that is active for one year. 32
3698	3698	5. Any person hired pursuant to this section shall be 33
3699	3699	included in the State Director of New Hires for purposes of 34
3700	3700	income and eligibility verification purs uant to 42 U.S.C. 35
3701	3701	Section 1320b-7. 36
3702	3702	169.560. 1. Any person retired and currently 1
3703	3703	receiving a retirement allowance pursuant to sections 2
3704	3704	169.010 to 169.141, other than for disability, may be 3
3705	3705	employed in any capacity for an employer in cluded in the 4
3706	3706	retirement system created by those sections on either a part - 5
3707	3707	time or temporary-substitute basis not to exceed a total of 6
3708	3708	five hundred fifty hours in any one school year, and through 7
3709	3709	such employment may earn up to fifty percent of the annu al 8
3710	3710	compensation payable under the employer's salary schedule 9
3711	3711	for the position or positions filled by the retiree, given 10
3712	3712	such person's level of experience and education, without a 11
3713	3713	discontinuance of the person's retirement allowance. If the 12
3714	3714	employer does not utilize a salary schedule, or if the 13
3715	3715	position in question is not subject to the employer's salary 14
3716	3716	schedule, a retiree employed in accordance with the 15
3717	3717	provisions of this subsection may earn up to fifty percent 16
3718	3718	of the annual compensation paid to t he person or persons who 17
3719	3719	last held such position or positions. If the position or 18
3720	3720	positions did not previously exist, the compensation limit 19
3721	3721	shall be determined in accordance with rules duly adopted by 20 HCS SS SB 75 118
3722	3722	the board of trustees of the retirement system; p rovided 21
3723	3723	that, it shall not exceed fifty percent of the annual 22
3724	3724	compensation payable for the position by the employer that 23
3725	3725	is most comparable to the position filled by the retiree. 24
3726	3726	In any case where a retiree fills more than one position 25
3727	3727	during the school year, the fifty-percent limit on permitted 26
3728	3728	earning shall be based solely on the annual compensation of 27
3729	3729	the highest paid position occupied by the retiree for at 28
3730	3730	least one-fifth of the total hours worked during the year. 29
3731	3731	Such a person shall not cont ribute to the retirement system 30
3732	3732	or to the public education employee retirement system 31
3733	3733	established by sections 169.600 to 169.715 because of 32
3734	3734	earnings during such period of employment. If such a person 33
3735	3735	is employed in any capacity by such an employer in excess of 34
3736	3736	the limitations set forth in this subsection, the person 35
3737	3737	shall not be eligible to receive the person's retirement 36
3738	3738	allowance for any month during which the person is so 37
3739	3739	employed. In addition, such person shall contribute to the 38
3740	3740	retirement system if the person satisfies the retirement 39
3741	3741	system's membership eligibility requirements. In addition 40
3742	3742	to the conditions set forth above, this subsection shall 41
3743	3743	apply to any person retired and currently receiving a 42
3744	3744	retirement allowance under sections 16 9.010 to 169.141, 43
3745	3745	other than for disability, who is employed by a third party 44
3746	3746	or is performing work as an independent contractor, if such 45
3747	3747	person is performing work for an employer included in the 46
3748	3748	retirement system as a temporary or long -term substitute 47
3749	3749	teacher or in any other position that would normally require 48
3750	3750	that person to be duly certificated under the laws governing 49
3751	3751	the certification of teachers in Missouri if such person was 50
3752	3752	employed by the district. The retirement system may require 51
3753	3753	the employer, the third-party employer, the independent 52 HCS SS SB 75 119
3754	3754	contractor, and the retiree subject to this subsection to 53
3755	3755	provide documentation showing compliance with this 54
3756	3756	subsection. If such documentation is not provided, the 55
3757	3757	retirement system may deem the retire e to have exceeded the 56
3758	3758	limitations provided in this subsection. 57
3759	3759	2. Notwithstanding any other provision of this 58
3760	3760	section, any person retired and currently receiving a 59
3761	3761	retirement allowance in accordance with sections 169.010 to 60
3762	3762	169.141, other than f or disability, may be employed by an 61
3763	3763	employer included in the retirement system created by those 62
3764	3764	sections in a position that does not normally require a 63
3765	3765	person employed in that position to be duly certificated 64
3766	3766	under the laws governing the certification of teachers in 65
3767	3767	Missouri, and through such employment may earn , beginning on 66
3768	3768	August 28, 2023, and ending on June 30, 2028, up to [sixty 67
3769	3769	percent of the minimum teacher's salary as set forth in 68
3770	3770	section 163.172] one hundred thirty-three percent of the 69
3771	3771	annual earnings exemption amount applicable to a Social 70
3772	3772	Security recipient before the calendar year of attainment of 71
3773	3773	full retirement age under 20 CFR 404.430, and, after June 72
3774	3774	30, 2028, up to the annual earnings exemption amount 73
3775	3775	applicable to a Social Sec urity recipient before the 74
3776	3776	calendar year of attainment of full retirement age under 20 75
3777	3777	CFR 404.430, without a discontinuance of the person's 76
3778	3778	retirement allowance from the retirement system. The Social 77
3779	3779	Security annual earnings exemption amount applied shall be 78
3780	3780	the exemption amount in effect for the calendar year in 79
3781	3781	which the school year begins . Such person shall not 80
3782	3782	contribute to the retirement system or to the public 81
3783	3783	education employee retirement system established by sections 82
3784	3784	169.600 to 169.715 because of earnings during such period of 83
3785	3785	employment, and such person shall not earn membership 84 HCS SS SB 75 120
3786	3786	service for such employment. The employer's contribution 85
3787	3787	rate shall be paid by the hiring employer into the public 86
3788	3788	education employee retirement system est ablished by sections 87
3789	3789	169.600 to 169.715. If such a person is employed in any 88
3790	3790	capacity by an employer in excess of the limitations set 89
3791	3791	forth in this subsection, the person shall not be eligible 90
3792	3792	to receive the person's retirement allowance for any month 91
3793	3793	during which the person is so employed. In addition, such 92
3794	3794	person shall become a member of and contribute to any 93
3795	3795	retirement system described in this subsection if the person 94
3796	3796	satisfies the retirement system's membership eligibility 95
3797	3797	requirements. The provisions of this subsection shall not 96
3798	3798	apply to any person retired and currently receiving a 97
3799	3799	retirement allowance in accordance with sections 169.010 to 98
3800	3800	169.141 employed by a public community college or employer 99
3801	3801	under subsection 4 of section 169.130 . 100
3802	3802	169.596. 1. Notwithstanding any other provision of 1
3803	3803	this chapter to the contrary, a retired certificated teacher 2
3804	3804	receiving a retirement benefit from the retirement system 3
3805	3805	established pursuant to sections 169.010 to 169.141 may, 4
3806	3806	without losing his or her retirement benefit, teach full 5
3807	3807	time for up to [two] four years for a school district 6
3808	3808	covered by such retirement system; provided that the school 7
3809	3809	district has a shortage of certified teachers, as determined 8
3810	3810	by the school district, and provided that no such retired 9
3811	3811	certificated teacher shall be employed as a superintendent. 10
3812	3812	The total number of such retired certificated teachers shall 11
3813	3813	not exceed, at any one time, the [lesser of ten percent of 12
3814	3814	the total teacher] greater of one percent of the total 13
3815	3815	certificated teachers and noncertificated staff for that 14
3816	3816	school district, or five certificated teachers. 15 HCS SS SB 75 121
3817	3817	2. Notwithstanding any other provision of this chapter 16
3818	3818	to the contrary, a person receiving a retirement benefit 17
3819	3819	from the retirement system established pursuant to sections 18
3820	3820	169.600 to 169.715 may, without losing his or her retirement 19
3821	3821	benefit, be employed full time for up to [two] four years 20
3822	3822	for a school district covered by such retirement system; 21
3823	3823	provided that the school d istrict has a shortage of 22
3824	3824	noncertificated employees, as determined by the school 23
3825	3825	district. The total number of such retired noncertificated 24
3826	3826	employees shall not exceed, at any one time, the lesser of 25
3827	3827	ten percent of the total noncertificated staff for t hat 26
3828	3828	school district, or five employees. 27
3829	3829	3. The employer's contribution rate shall be paid by 28
3830	3830	the hiring school district. 29
3831	3831	4. In order to hire teachers and noncertificated 30
3832	3832	employees pursuant to the provisions of this section, the 31
3833	3833	school district shall: 32
3834	3834	(1) Show a good faith effort to fill positions with 33
3835	3835	nonretired certificated teachers or nonretired 34
3836	3836	noncertificated employees; 35
3837	3837	(2) Post the vacancy for at least one month; 36
3838	3838	(3) Have not offered early retirement incentives for 37
3839	3839	either of the previous two years; 38
3840	3840	(4) Solicit applications through the local newspaper, 39
3841	3841	other media, or teacher education programs; 40
3842	3842	(5) Determine there is an insufficient number of 41
3843	3843	eligible applicants for the advertised position; and 42
3844	3844	(6) Declare a critical shortage of certificated 43
3845	3845	teachers or noncertificated employees that is active for one 44
3846	3846	year. 45
3847	3847	5. Any person hired pursuant to this section shall be 46
3848	3848	included in the State Directory of New Hires for purposes of 47 HCS SS SB 75 122
3849	3849	income and eligibility verification pursuant to 42 U.S.C. 48
3850	3850	Section 1320b-7. 49
3851	3851	169.715. 1. Any person receiving a retirement 1
3852	3852	allowance under sections 169.600 to 169.712, and who elected 2
3853	3853	a reduced retirement allowance under subsection 4 of section 3
3854	3854	169.670 with his or her spouse as the nominated beneficiary, 4
3855	3855	may nominate a successor beneficiary under either of the 5
3856	3856	following circumstances: 6
3857	3857	(1) If the nominated beneficiary precedes the retired 7
3858	3858	person in death, the retired person may, upon remarriage , 8
3859	3859	nominate the new spouse under the same option elected in the 9
3860	3860	application for retirement; 10
3861	3861	(2) If the marriage of the retired person and the 11
3862	3862	nominated beneficiary is dissolved, and if the dissolution 12
3863	3863	decree provides for sole retention by the reti red person of 13
3864	3864	all rights in the retirement allowance, the retired person 14
3865	3865	may, upon remarriage, nominate the new spouse under the same 15
3866	3866	option elected in the application for retirement. 16
3867	3867	2. Any nomination of a successor beneficiary under 17
3868	3868	subdivision (1) or (2) of subsection 1 of this section must 18
3869	3869	be made in accordance with procedures established by the 19
3870	3870	board of trustees, and must be filed within ninety days of 20
3871	3871	May 6, 1993, or within one year of the remarriage, whichever 21
3872	3872	later occurs. Upon receipt of a successor nomination filed 22
3873	3873	in accordance with those procedures, the board shall adjust 23
3874	3874	the retirement allowance to reflect actuarial considerations 24
3875	3875	of that nomination as well as previous beneficiary and 25
3876	3876	successor beneficiary nominations. 26
3877	3877	3. Any person receiving a retirement allowance under 27
3878	3878	sections 169.600 to 169.715 who elected a reduced retirement 28
3879	3879	allowance under subsection 4 of section 169.670 with his or 29
3880	3880	her spouse as the nominated beneficiary may have the 30 HCS SS SB 75 123
3881	3881	retirement allowance incre ased to the amount the retired 31
3882	3882	member would be receiving had the retired member elected 32
3883	3883	option 1 if: 33
3884	3884	(1) The marriage of the retired person and the 34
3885	3885	nominated spouse is dissolved on or after September 1, 2017, 35
3886	3886	and the dissolution decree provides f or sole retention by 36
3887	3887	the retired person of all rights in the retirement 37
3888	3888	allowance; or 38
3889	3889	(2) The marriage of the retired person and the 39
3890	3890	nominated spouse was dissolved before September 1, 2017, and: 40
3891	3891	(a) The dissolution decree provides for sole r etention 41
3892	3892	by the retired person of all rights in the retirement 42
3893	3893	allowance, and the parties obtain an amended or modified 43
3894	3894	dissolution decree after September 1, 2017, providing for 44
3895	3895	the immediate removal of the nominated spouse, or the 45
3896	3896	nominated spouse consents in writing to his or her immediate 46
3897	3897	removal as nominated beneficiary and disclaims all rights to 47
3898	3898	future benefits to the satisfaction of the board of 48
3899	3899	trustees; or 49
3900	3900	(b) The dissolution decree does not provide for sole 50
3901	3901	retention by the retired person of all rights in the 51
3902	3902	retirement allowance and the parties obtain an amended or 52
3903	3903	modified dissolution decree after September 1, 2017, which 53
3904	3904	provides for sole retention by the retired person of all 54
3905	3905	rights in the retirement allowance; and 55
3906	3906	(3) The person receives a retirement allowance under 56
3907	3907	subsection 4 of section 169.670. 57
3908	3908	Any such increase in the retirement allowance shall be 58
3909	3909	effective upon the receipt of an application for such 59
3910	3910	increase and a certified copy of the decree of dissolution 60 HCS SS SB 75 124
3911	3911	and separation agreement, if applicable, that meets the 61
3912	3912	requirements of this section. 62
3913	3913	4. Any person receiving a retirement allowance under 63
3914	3914	sections 169.600 to 169.712, who, on or before September 1, 64
3915	3915	2015, elected a reduced retirement allowance under 65
3916	3916	subsection 4 of section 169.670 with his or her same -sex 66
3917	3917	domestic partner as the nominated beneficiary, may have the 67
3918	3918	retirement allowance increased to the amount the retired 68
3919	3919	member would be receiving had the retired member elected 69
3920	3920	option 1 if: 70
3921	3921	(1) The retired person executes an affidavit attesting 71
3922	3922	to the existence of a same -sex domestic partnership at the 72
3923	3923	time of the nomination of the beneficiary and that the same - 73
3924	3924	sex domestic partnership has since ended, with such 74
3925	3925	supporting information and documentation as required by the 75
3926	3926	board of trustees; 76
3927	3927	(2) The nominated beneficiary consents in writing to 77
3928	3928	his or her immediate removal as nominated beneficiary and 78
3929	3929	disclaims all rights to future benefits to the satisfaction 79
3930	3930	of the board of truste es, or the parties obtain a court 80
3931	3931	order or judgment after September 1, 2023, which provides 81
3932	3932	that the nominated beneficiary may be removed; 82
3933	3933	(3) If the retired person and the nominated 83
3934	3934	beneficiary were legally married in a state that recognized 84
3935	3935	same-sex marriage at the time of retirement or have since 85
3936	3936	become legally married, the marriage must be dissolved and 86
3937	3937	the dissolution decree must provide for sole retention by 87
3938	3938	the retired person of all rights in the retirement 88
3939	3939	allowance; and 89
3940	3940	(4) The person receives a retirement allowance under 90
3941	3941	subsection 4 of section 169.670. 91 HCS SS SB 75 125
3942	3942	5. Any person receiving a retirement allowance under 92
3943	3943	sections 169.600 to 169.712, who, on or before September 1, 93
3944	3944	2015, elected a reduced retirement allowance under 94
3945	3945	subsection 4 of section 169.670 with his or her same -sex 95
3946	3946	domestic partner as the nominated beneficiary, may nominate 96
3947	3947	a successor beneficiary under the following circumstances: 97
3948	3948	(1) If the nominated same -sex domestic partner 98
3949	3949	precedes the retired person in death, and the retired person 99
3950	3950	executes an affidavit attesting to the existence of the same - 100
3951	3951	sex domestic partnership at the time of the nomination of 101
3952	3952	the beneficiary, the retired person may, upon a later 102
3953	3953	marriage, nominate his or her spouse under the same option 103
3954	3954	elected in the application for retirement; or 104
3955	3955	(2) If the retired person executes an affidavit 105
3956	3956	attesting to the existence of the same -sex domestic 106
3957	3957	partnership at the time of the nomination of the beneficiary 107
3958	3958	and that the same-sex domestic partnership has since ended, 108
3959	3959	and the nominated same -sex domestic partner consents in 109
3960	3960	writing to his or her immediate removal as nominated 110
3961	3961	beneficiary and disclaims all rights to future benefits to 111
3962	3962	the satisfaction of the board of trustees or the p arties 112
3963	3963	obtain a court order or judgment after September 1, 2023, 113
3964	3964	which provides that the nominated beneficiary may be 114
3965	3965	removed, the retired person may, upon a later marriage, 115
3966	3966	nominate his or her spouse under the same option elected in 116
3967	3967	the application for retirement; 117
3968	3968	(3) In addition to the requirements of subdivision (2) 118
3969	3969	of this subsection, if the retired person and the nominated 119
3970	3970	beneficiary were legally married in a state that recognized 120
3971	3971	same-sex marriage at the time of retirement or have since 121
3972	3972	become legally married, the marriage must be dissolved and 122 HCS SS SB 75 126
3973	3973	the dissolution decree must provide for sole retention by 123
3974	3974	the retired person of all rights in the retirement allowance. 124
3975	3975	6. Any nomination of successor beneficiary under 125
3976	3976	subdivision (1) or (2) of subsection 5 of this section shall 126
3977	3977	be made in accordance with procedures established by the 127
3978	3978	board of trustees, and shall be filed within one year of 128
3979	3979	September 1, 2023, or within one year of the marriage of the 129
3980	3980	retired person and successor bene ficiary, whichever later 130
3981	3981	occurs. Upon receipt of a successor nomination filed in 131
3982	3982	accordance with those procedures, the board shall adjust the 132
3983	3983	retirement allowance to reflect actuarial considerations of 133
3984	3984	that nomination as well as previous beneficiary a nd 134
3985	3985	successor beneficiary nominations. 135
3986	3986	7. For purposes of this section, the definition of 136
3987	3987	"same-sex domestic partners" shall mean individuals of the 137
3988	3988	same sex who are at least eighteen years of age, who are not 138
3989	3989	related to a degree that would prohib it their marriage in 139
3990	3990	the law of the state where they reside, who are not married 140
3991	3991	to or a domestic partner of another person, and who live 141
3992	3992	together in a long-term relationship of indefinite duration 142
3993	3993	with an exclusive mutual commitment in which the domes tic 143
3994	3994	partners agree to be jointly responsible for their common 144
3995	3995	welfare and to share financial obligations. For purposes of 145
3996	3996	this section, "same-sex domestic partners" shall also 146
3997	3997	include individuals of the same sex who were legally married 147
3998	3998	in a state that recognized same-sex marriage. 148
3999	3999	173.1205. 1. Notwithstanding any other provision of 1
4000	4000	law, a for-profit or not-for-profit entity in which a public 2
4001	4001	institution of higher education holds an ownership or 3
4002	4002	membership interest shall not be deemed to be a public 4
4003	4003	governmental body, quasi -public governmental body, or part 5
4004	4004	of a public governmental body or quasi -public governmental 6 HCS SS SB 75 127
4005	4005	body or otherwise subject to chapter 610, if such entity is 7
4006	4006	engaged primarily in activities involving current o r 8
4007	4007	prospective commercialization of the skills or knowledge of 9
4008	4008	the institution's faculty or of the institution's research, 10
4009	4009	research capabilities, intellectual property, technology, or 11
4010	4010	technological resources, provided that the public 12
4011	4011	institution of higher education maintains as an open record 13
4012	4012	an annual report, available no later than October first each 14
4013	4013	year, identifying: 15
4014	4014	(1) The name and address of the entity, the amount of 16
4015	4015	funds paid to such entity by the institution, any 17
4016	4016	nonmonetary benefits received by the entity from the 18
4017	4017	institution, and the purpose for which such funds were paid 19
4018	4018	or benefits provided; 20
4019	4019	(2) The amount of funds received by the institution 21
4020	4020	from such entity; and 22
4021	4021	(3) Any employees of the institution who received 23
4022	4022	funds or other things of value from such entity and the 24
4023	4023	purpose and amount of such funds or other things of value. 25
4024	4024	2. This provision shall not be construed to broaden 26
4025	4025	the definition of public governmental body found in section 27
4026	4026	610.010, nor shall it otherwise be construed to mean, imply, 28
4027	4027	or suggest that any entity constitutes a public governmental 29
4028	4028	body unless such entity meets the definition of that term 30
4029	4029	found in section 610.010. 31
4030	4030	3. Notwithstanding any other provision of law, 32
4031	4031	meetings, records, and votes may be closed to the extent 33
4032	4032	that they relate to records or information submitted by an 34
4033	4033	individual, corporation, or other business entity to a 35
4034	4034	public institution of higher education in connection with a 36
4035	4035	proposal or agreement to license in tellectual property or 37
4036	4036	perform sponsored research, in connection with opportunities 38 HCS SS SB 75 128
4037	4037	for or results of collaboration involving students, faculty, 39
4038	4038	or staff, in connection with investments in or financial 40
4039	4039	transactions with business entities for investment purposes, 41
4040	4040	or in connection with activities by the public institution 42
4041	4041	of higher education to promote or pursue economic 43
4042	4042	development and which contain sales projections or other 44
4043	4043	business plan, financial information, or trade secrets the 45
4044	4044	disclosure of which may endanger the competitiveness of a 46
4045	4045	business. 47
4046	4046	285.1000. For purposes of sections 285.1000 to 1
4047	4047	285.1055, the following terms shall mean: 2
4048	4048	(1) "Administrative fund" or "Show -Me MyRetirement 3
4049	4049	Savings administrative fund", the Show-Me MyRetirement 4
4050	4050	Savings administrative fund described in section 285.1045; 5
4051	4051	(2) "Association", any legal association of 6
4052	4052	individuals, corporations, limited liability companies, 7
4053	4053	partnerships, associations, or other entities that has been 8
4054	4054	in continuous existence for at least one year; 9
4055	4055	(3) "Board", the Show-Me MyRetirement Savings board 10
4056	4056	established under section 285.1005; 11
4057	4057	(4) "Eligible employee", an individual who is employed 12
4058	4058	by a participating employer, who has wages or other 13
4059	4059	compensation that is allocable to the state, and who is 14
4060	4060	eighteen years of age or older. "Eligible employee" shall 15
4061	4061	not include any of the following: 16
4062	4062	(a) Any employee covered under the federal Railway 17
4063	4063	Labor Act, 45 U.S.C. Section 151; 18
4064	4064	(b) Any employee on whose behalf an employer makes 19
4065	4065	contributions to a multiemployer pension trust fund under 29 20
4066	4066	U.S.C. Section 186; or 21
4067	4067	(c) Any individual who is an employee of: 22
4068	4068	a. The federal government; 23 HCS SS SB 75 129
4069	4069	b. Any state government in the United States ; or 24
4070	4070	c. Any county, municipal corporation, or political 25
4071	4071	subdivision of any state in the United States; 26
4072	4072	(5) "Eligible employer", a person or entity engaged in 27
4073	4073	a business, industry, profession, trade, or other enterprise 28
4074	4074	in the state of Missou ri, whether for profit or not for 29
4075	4075	profit, provided that such a person or entity employs no 30
4076	4076	more than fifty employees. A person or entity that 31
4077	4077	qualifies as an eligible employer but that later employs 32
4078	4078	more than fifty employees shall be permitted to rema in an 33
4079	4079	eligible employer for a period of five years, beginning on 34
4080	4080	the date on which the person or entity first employs more 35
4081	4081	than fifty employees. After such five-year period has 36
4082	4082	ended, the person or entity shall immediately cease to 37
4083	4083	qualify as an eligible employer and shall be prohibited from 38
4084	4084	further participation in the plan unless the employer no 39
4085	4085	longer has more than fifty employees. An employer includes 40
4086	4086	an association and its members. For purposes of this 41
4087	4087	subdivision, an eligible employer shal l not include: 42
4088	4088	(a) The federal government; 43
4089	4089	(b) The state of Missouri; 44
4090	4090	(c) Any county, municipal corporation, or political 45
4091	4091	subdivision of the state of Missouri; or 46
4092	4092	(d) Five years after the commencement of the program, 47
4093	4093	an employer that maintains a specified tax -favored 48
4094	4094	retirement plan, other than the Show -Me MyRetirement Savings 49
4095	4095	plan, for its employees or that has effectively done so in 50
4096	4096	form and operation at any time within the current or two 51
4097	4097	preceding calendar years. If an employer does not maintain 52
4098	4098	a specified tax-favored retirement plan, other than the Show - 53
4099	4099	Me MyRetirement Savings plan, for a portion of a calendar 54
4100	4100	year ending on or after the effective date of sections 55 HCS SS SB 75 130
4101	4101	285.1000 to 285.1055 and adopts such a plan effective f or 56
4102	4102	the remainder of that calendar year, the employer shall not 57
4103	4103	be treated as an eligible employer for that remainder of the 58
4104	4104	year; 59
4105	4105	(6) "ERISA", the Employee Retirement Income Security 60
4106	4106	Act of 1974, as amended, 29 U.S.C. Section 1001 et seq.; 61
4107	4107	(7) "Internal Revenue Code", the Internal Revenue Code 62
4108	4108	of 1986, as amended; 63
4109	4109	(8) "Participant", an eligible employee or other 64
4110	4110	individual who has a balance credited to his or her account 65
4111	4111	under the plan; 66
4112	4112	(9) "Participating employer", an eligibl e employer 67
4113	4113	that is participating in the plan provided for by sections 68
4114	4114	285.1000 to 285.1055; 69
4115	4115	(10) "Plan" or "Show-Me MyRetirement Savings plan", 70
4116	4116	the multiple-employer retirement savings plan established by 71
4117	4117	sections 285.1000 to 285.1055, which shal l be treated as a 72
4118	4118	single plan under Title I of ERISA and is described in 73
4119	4119	Sections 401(a), 401(k), and 413(c) of the Internal Revenue 74
4120	4120	Code of 1986, as amended, in which multiple employers may 75
4121	4121	choose to participate regardless of whether any relationship 76
4122	4122	exists between and among the employers other than their 77
4123	4123	participation in the plan. Based on the context, the term 78
4124	4124	"plan" may also refer to multiple plans if multiple plans 79
4125	4125	are established under sections 285.1000 to 285.1055; 80
4126	4126	(11) "Self-employed individual", an individual who is 81
4127	4127	eighteen years of age or older, is self -employed, and has 82
4128	4128	self-employment income or other compensation from self - 83
4129	4129	employment that is allocable to the state of Missouri; 84
4130	4130	(12) "Specified tax-favored retirement plan", a 85
4131	4131	retirement plan that is tax -qualified under, or is described 86
4132	4132	in and satisfies the requirements of, Section 401(a), 87 HCS SS SB 75 131
4133	4133	401(k), 403(a), 403(b), 408(k)(Simplified Employee Pension), 88
4134	4134	or 408(p)(SIMPLE-IRA) of the Internal Revenue Code of 1986, 89
4135	4135	as amended; 90
4136	4136	(13) "Total fees and expenses", all fees, costs, and 91
4137	4137	expenses including, but not limited to, administrative 92
4138	4138	expenses, investment expenses, investment advice expenses, 93
4139	4139	accounting costs, actuarial costs, legal costs, marketing 94
4140	4140	expenses, education e xpenses, trading costs, insurance 95
4141	4141	annuitization costs, and other miscellaneous costs; 96
4142	4142	(14) "Trust", the trust in which the assets of the 97
4143	4143	plan are held. 98
4144	4144	285.1005. 1. The "Show-Me MyRetirement Savings Board" 1
4145	4145	is hereby establishe d in the office of the state treasurer. 2
4146	4146	2. The board shall consist of the following members, 3
4147	4147	with the state treasurer, or his or her designee, serving as 4
4148	4148	chair: 5
4149	4149	(1) The state treasurer, or his or her designee; 6
4150	4150	(2) An individual who has skill, knowledge, and 7
4151	4151	experience in the field of retirement savings and 8
4152	4152	investments, to be appointed by the governor with the advice 9
4153	4153	and consent of the senate; 10
4154	4154	(3) An individual who has skill, knowledge, and 11
4155	4155	experience relating to small business, to be appointed by 12
4156	4156	the governor with the advice and consent of the senate; 13
4157	4157	(4) Three members of the house of representatives, to 14
4158	4158	be appointed by the speaker of the house of representatives, 15
4159	4159	to include one representative from the minority party; a nd 16
4160	4160	(5) Three members of the senate, to be appointed by 17
4161	4161	the president pro tempore of the senate, to include one 18
4162	4162	senator from the minority party. 19
4163	4163	3. The governor, the president pro tempore of the 20
4164	4164	senate, and the speaker of the house of represe ntatives 21 HCS SS SB 75 132
4165	4165	shall make the respective initial appointments to the board 22
4166	4166	for terms of office beginning on January 1, 2024. 23
4167	4167	4. Members of the board appointed by the governor, the 24
4168	4168	president pro tempore of the senate, and the speaker of the 25
4169	4169	house of representatives shall serve at the pleasure of the 26
4170	4170	appointing authority. 27
4171	4171	5. The term of office of each member of the board 28
4172	4172	shall be four years. Any member is eligible to be 29
4173	4173	reappointed. If there is a vacancy for any reason, the 30
4174	4174	appropriate appointing authority shall make an appointment, 31
4175	4175	to become immediately effective, for the unexpired term. 32
4176	4176	6. All members of the board shall serve without 33
4177	4177	compensation and shall be reimbursed from the administrative 34
4178	4178	fund for necessary travel expenses incur red in carrying out 35
4179	4179	the duties of the board. 36
4180	4180	7. A majority of the voting members of the board shall 37
4181	4181	constitute a quorum for the transaction of business. 38
4182	4182	285.1010. 1. The board, subject to the authority 1
4183	4183	granted under sections 2 85.1000 to 285.1055, shall design, 2
4184	4184	develop, and implement the plan and, to that end, may 3
4185	4185	conduct market, legal, and feasibility analyses. 4
4186	4186	2. The members of the board shall be fiduciaries of 5
4187	4187	the plan under ERISA, and the board shall have the follow ing 6
4188	4188	powers, authorities, and duties: 7
4189	4189	(1) To establish, implement, and maintain the plan, in 8
4190	4190	each case acting on behalf of the state of Missouri, 9
4191	4191	including, in its discretion, more than one plan; 10
4192	4192	(2) To cause the plan, trust, and arrangements and 11
4193	4193	accounts established under the plan to be designed, 12
4194	4194	established, and operated: 13
4195	4195	(a) In accordance with best practices for retirement 14
4196	4196	savings vehicles; 15 HCS SS SB 75 133
4197	4197	(b) To encourage participation, saving, sound 16
4198	4198	investment practices, and appropriate s election of default 17
4199	4199	investments; 18
4200	4200	(c) To maximize simplicity and ease of administration 19
4201	4201	for eligible employers; 20
4202	4202	(d) To minimize costs, including by collective 21
4203	4203	investment and economies of scale; and 22
4204	4204	(e) To promote portability of benefits ; 23
4205	4205	(3) To arrange for collective, common, and pooled 24
4206	4206	investment of assets of the plan and trust, including 25
4207	4207	investments in conjunction with other funds with which 26
4208	4208	assets are permitted to be collectively invested, to save 27
4209	4209	costs through efficiencies and economies of scale; 28
4210	4210	(4) To develop and disseminate educational information 29
4211	4211	designed to educate participants and citizens about the 30
4212	4212	benefits of planning and saving for retirement and to help 31
4213	4213	participants and citizens decide the level of partici pation 32
4214	4214	and savings strategies that may be appropriate, including 33
4215	4215	information in furtherance of financial capability and 34
4216	4216	financial literacy; 35
4217	4217	(5) To adopt rules and regulations necessary or 36
4218	4218	advisable for the implementation of sections 285.1000 to 37
4219	4219	285.1055 and the administration and operation of the plan 38
4220	4220	consistent with the Internal Revenue Code and regulations 39
4221	4221	thereunder, including to ensure that the plan satisfies all 40
4222	4222	criteria for favorable federal tax -qualified treatment, and 41
4223	4223	complies, to the extent necessary, with ERISA and any other 42
4224	4224	applicable federal or Missouri law. Any rule or portion of 43
4225	4225	a rule, as that term is defined in section 536.010, that is 44
4226	4226	created under the authority delegated in this section shall 45
4227	4227	become effective only if it complies with and is subject to 46
4228	4228	all of the provisions of chapter 536 and, if applicable, 47 HCS SS SB 75 134
4229	4229	section 536.028. This section and chapter 536 are 48
4230	4230	nonseverable and if any of the powers vested with the 49
4231	4231	general assembly pursuant to chapter 536 to review, to del ay 50
4232	4232	the effective date, or to disapprove and annul a rule are 51
4233	4233	subsequently held unconstitutional, then the grant of 52
4234	4234	rulemaking authority and any rule proposed or adopted after 53
4235	4235	August 28, 2023, shall be invalid and void; 54
4236	4236	(6) To arrange for and faci litate compliance with the 55
4237	4237	plan or arrangements established thereunder with all 56
4238	4238	applicable requirements for the plan under the Internal 57
4239	4239	Revenue Code, ERISA, and any other applicable federal or 58
4240	4240	Missouri law and accounting requirements, and to provide or 59
4241	4241	arrange for assistance to eligible employers, eligible 60
4242	4242	employees, and self-employed individuals in complying with 61
4243	4243	applicable law and tax -related requirements in a cost - 62
4244	4244	effective manner. The board may establish any processes 63
4245	4245	deemed reasonably necessa ry or advisable to verify whether a 64
4246	4246	person or entity is an eligible employer, including 65
4247	4247	reference to online data and possible use of questions in 66
4248	4248	employer tax filings; 67
4249	4249	(7) To employ or retain a plan administrator; 68
4250	4250	executive director; staff; trust ee; record-keeper; 69
4251	4251	investment managers; investment advisors; and other 70
4252	4252	administrative, professional, and expert advisors and 71
4253	4253	service providers, none of whom shall be members of the 72
4254	4254	board and all of whom shall serve at the pleasure of the 73
4255	4255	board, which shall determine their duties and compensation. 74
4256	4256	The board may authorize the executive director and other 75
4257	4257	officials to oversee requests for proposals or other public 76
4258	4258	competitions and enter into contracts on behalf of the board 77
4259	4259	or conduct any business ne cessary for the efficient 78
4260	4260	operation of the plan or the board; 79 HCS SS SB 75 135
4261	4261	(8) To establish procedures for the timely and fair 80
4262	4262	resolution of participant and other disputes related to 81
4263	4263	accounts or program operation and, if necessary, determine 82
4264	4264	the eligibility of an employer, employee, or other 83
4265	4265	individual to participate in the plan; 84
4266	4266	(9) To develop and implement an investment policy that 85
4267	4267	defines the plan's investment objectives, consistent with 86
4268	4268	the objectives of the plan, and that provides for policies 87
4269	4269	and procedures consistent with those investment objectives; 88
4270	4270	(10) (a) To designate appropriate default investments 89
4271	4271	that include a mix of asset classes, such as target date and 90
4272	4272	balanced funds; 91
4273	4273	(b) To seek to minimize participant fees and expens es 92
4274	4274	of investment and administration; 93
4275	4275	(c) To strive to design and implement investment 94
4276	4276	options available to holders of accounts established as part 95
4277	4277	of the plan and other plan features that are intended to 96
4278	4278	achieve maximum possible income replacemen t balanced with an 97
4279	4279	appropriate level of risk, consistent with the investment 98
4280	4280	objectives under the investment policy. The investment 99
4281	4281	options may encompass a range of risk and return 100
4282	4282	opportunities and allow for a rate of return commensurate 101
4283	4283	with an appropriate level of risk in view of the investment 102
4284	4284	objectives under the policy. The menu of investment options 103
4285	4285	shall be determined taking into account the nature and 104
4286	4286	objectives of the plan, the desirability of limiting 105
4287	4287	investment choices under the plan to a reasonable number, 106
4288	4288	based on behavioral research findings, and the extensive 107
4289	4289	investment choices available to participants in the event 108
4290	4290	that funds roll over to an individual retirement account 109
4291	4291	(IRA) outside the program; and 110 HCS SS SB 75 136
4292	4292	(d) In accordance with subdivision (7) of this 111
4293	4293	subsection, the board, to the extent it deems necessary or 112
4294	4294	advisable, in carrying out its responsibilities and 113
4295	4295	exercising its powers under sections 285.1000 to 285.1055, 114
4296	4296	shall employ or retain appropriate entities or personn el to 115
4297	4297	assist or advise it or to whom to delegate the carrying out 116
4298	4298	of such responsibilities and exercising of such powers; 117
4299	4299	(11) To discharge its duties and see that the members 118
4300	4300	of the board discharge their duties with respect to the plan 119
4301	4301	solely in the interests of the participants as follows: 120
4302	4302	(a) For the exclusive purpose of providing benefits to 121
4303	4303	participants and defraying reasonable expenses of 122
4304	4304	administering the plan; and 123
4305	4305	(b) With the care, skill, prudence, and diligence 124
4306	4306	under the circumstances then prevailing that a prudent 125
4307	4307	person acting in a like capacity and familiar with those 126
4308	4308	matters would use in the conduct of an enterprise of a like 127
4309	4309	character and with like aims; 128
4310	4310	(12) To cause expenses incurred to initiate, 129
4311	4311	implement, maintain, and administer the plan to be paid from 130
4312	4312	contributions to, or investment returns or assets of the 131
4313	4313	plan or other moneys collected by or for the plan or 132
4314	4314	pursuant to arrangements established under the plan to the 133
4315	4315	extent permitted under federal a nd Missouri law; 134
4316	4316	(13) To collect application, account, or 135
4317	4317	administrative fees and to accept any grants, gifts, 136
4318	4318	legislative appropriations, loans, and other moneys from the 137
4319	4319	state of Missouri; any unit of federal, state, or local 138
4320	4320	government; or any other person, firm, or entity to defray 139
4321	4321	the costs of administering and operating the plan; 140
4322	4322	(14) To make and enter into competitively procured 141
4323	4323	contracts, agreements, or arrangements with; to collaborate 142 HCS SS SB 75 137
4324	4324	and cooperate with; and to retain, employ, a nd contract with 143
4325	4325	or for any of the following to the extent necessary or 144
4326	4326	desirable for the effective and efficient design, 145
4327	4327	implementation, and administration of the plan consistent 146
4328	4328	with the purposes set forth in sections 285.1000 to 285.1055 147
4329	4329	and to maximize outreach to eligible employers and eligible 148
4330	4330	employees: 149
4331	4331	(a) Services of private and public financial 150
4332	4332	institutions, depositories, consultants, actuaries, counsel, 151
4333	4333	auditors, investment advisors, investment administrators, 152
4334	4334	investment management firms, other investment firms, third - 153
4335	4335	party administrators, other professionals and service 154
4336	4336	providers, and state public retirement systems; 155
4337	4337	(b) Research, technical, financial, administrative, 156
4338	4338	and other services; and 157
4339	4339	(c) Services of other sta te agencies to assist the 158
4340	4340	board in the exercise of its powers and duties; 159
4341	4341	(15) To develop and implement an outreach plan to gain 160
4342	4342	input and disseminate information regarding the plan and 161
4343	4343	retirement savings in general; 162
4344	4344	(16) To cause moneys to be held and invested and 163
4345	4345	reinvested under the plan; 164
4346	4346	(17) To ensure that all contributions under the plan 165
4347	4347	shall be used only to: 166
4348	4348	(a) Pay benefits to participants under the plan; 167
4349	4349	(b) Pay the costs of administering the plan; and 168
4350	4350	(c) Make investments for the benefit of the plan, and 169
4351	4351	ensure that no assets of the plan or trust are transferred 170
4352	4352	to the general revenue fund or to any other fund of the 171
4353	4353	state or are otherwise encumbered or used for any purpose 172
4354	4354	other than those specified in this paragraph or section 173
4355	4355	285.1045; 174 HCS SS SB 75 138
4356	4356	(18) To make provisions for the payment of costs of 175
4357	4357	administration and operation of the program and trust; 176
4358	4358	(19) To evaluate the need for and procure as needed 177
4359	4359	insurance against any and all loss in connect ion with the 178
4360	4360	property, assets, or activities of the program, including 179
4361	4361	fiduciary liability coverage; 180
4362	4362	(20) To evaluate the need for and procure as needed 181
4363	4363	pooled private insurance; 182
4364	4364	(21) To indemnify, including procurement of insurance 183
4365	4365	as needed for this purpose, each member of the board from 184
4366	4366	personal loss or liability resulting from a member's action 185
4367	4367	or inaction as a member of the board and as a fiduciary; 186
4368	4368	(22) To collaborate with and evaluate the role of 187
4369	4369	financial advisors or other f inancial professionals, 188
4370	4370	including in assisting and providing guidance for covered 189
4371	4371	employees; and 190
4372	4372	(23) To carry out the powers and duties of the program 191
4373	4373	under sections 285.1000 to 285.1055 and exercise any and all 192
4374	4374	other powers as are appropriate t o effect the purposes, 193
4375	4375	objectives, and provisions of such sections pertaining to 194
4376	4376	the program. 195
4377	4377	3. A board member, program administrator, or other 196
4378	4378	staff of the board shall not: 197
4379	4379	(1) Directly or indirectly, have any interest in the 198
4380	4380	making of any investment under the program or in any gains 199
4381	4381	or profits accruing from any such investment; 200
4382	4382	(2) Borrow any program-related funds or deposits, or 201
4383	4383	use any such funds or deposits in any manner, for himself or 202
4384	4384	herself or as an agent or partner of oth ers; or 203
4385	4385	(3) Become an endorser, surety, or obligor on 204
4386	4386	investments made under the program. 205 HCS SS SB 75 139
4387	4387	4. Each board member shall be subject to the 206
4388	4388	provisions of sections 105.452 and 105.454. 207
4389	4389	285.1015. 1. The board shall, consistent w ith federal 1
4390	4390	law and regulation, adopt and implement the plan, which 2
4391	4391	shall remain in compliance with federal law and regulations 3
4392	4392	once implemented and shall be called the "Show -Me 4
4393	4393	MyRetirement Savings Plan". 5
4394	4394	2. In accordance with terms and conditio ns specified 6
4395	4395	and regulations promulgated by the board, the plan shall: 7
4396	4396	(1) Be set forth in documents prescribing the terms 8
4397	4397	and conditions of the plan; 9
4398	4398	(2) Be available on a voluntary basis to eligible 10
4399	4399	employers and self-employed individuals; 11
4400	4400	(3) Be available to eligible members of an association 12
4401	4401	who may elect to participate in the plan if the association 13
4402	4402	or its members do not maintain a plan or a specified tax - 14
4403	4403	favored retirement plan, other than the Show -Me MyRetirement 15
4404	4404	Savings plan; 16
4405	4405	(4) Enroll self-employed individuals who wish to 17
4406	4406	participate; 18
4407	4407	(5) Provide participants the option to terminate their 19
4408	4408	participation at any time; 20
4409	4409	(6) Allow voluntary pre-tax or designated Roth 401(k) 21
4410	4410	contributions; 22
4411	4411	(7) Allow voluntary employer contributions; 23
4412	4412	(8) Be overseen by the board and its designees; 24
4413	4413	(9) Be administered and managed by one or more 25
4414	4414	trustees, other fiduciaries, custodians, third -party 26
4415	4415	administrators, investment managers, record -keepers, or 27
4416	4416	other service providers; 28
4417	4417	(10) Provide on a uniform basis, if and when the board 29
4418	4418	so determines, in its discretion, for an increase of each 30 HCS SS SB 75 140
4419	4419	participant's contribution rate, by a minimum increment of 31
4420	4420	one percent of salary or wages per year, for each additio nal 32
4421	4421	year the participant is employed or is participating in the 33
4422	4422	plan up to the maximum percentage of such participant's 34
4423	4423	salary or wages that may be contributed to the plan under 35
4424	4424	federal law. Any such increases shall apply to 36
4425	4425	participants, as determin ed by the board, by default or only 37
4426	4426	if initiated by affirmative participant election; 38
4427	4427	(11) Provide for direct deposit of contributions into 39
4428	4428	investments under the plan. To the extent consistent with 40
4429	4429	ERISA, the investment alternatives under the pla n shall be 41
4430	4430	limited to an automatic investment for participants who do 42
4431	4431	not actively and affirmatively elect a particular investment 43
4432	4432	option, which unless the board provides otherwise, shall be 44
4433	4433	a diversified target date fund, including a series of such 45
4434	4434	diversified funds to apply to different participants 46
4435	4435	depending on their choice or their target retirement dates, 47
4436	4436	a principal-protected option, and at least four additional 48
4437	4437	investment alternatives as may be selected by the board in 49
4438	4438	its discretion. To the extent consistent with ERISA, the 50
4439	4439	investment options may, at the discretion of the board, 51
4440	4440	include a principal-protection fund as a temporary "security 52
4441	4441	corridor" option that applies as the sole initial investment 53
4442	4442	before participants may choose other i nvestments or as the 54
4443	4443	initial default investment for a specified period of time or 55
4444	4444	up to a specified dollar amount of contributions or account 56
4445	4445	balance; 57
4446	4446	(12) Be professionally managed; 58
4447	4447	(13) Provide for reports on the status of each 59
4448	4448	participant's account to be provided to each participant at 60
4449	4449	least quarterly and make best efforts to provide 61 HCS SS SB 75 141
4450	4450	participants frequent or continual online access to 62
4451	4451	information on the status of their accounts; 63
4452	4452	(14) When possible and practicable, use existing 64
4453	4453	employer and public infrastructure to facilitate 65
4454	4454	contributions, record keeping, and outreach and use pooled 66
4455	4455	or collective investment arrangements; 67
4456	4456	(15) Provide that each account holder owns the 68
4457	4457	contributions to or earnings on amounts contributed to his 69
4458	4458	or her account under the plan and that the state and 70
4459	4459	employers have no proprietary interest in those 71
4460	4460	contributions or earnings; 72
4461	4461	(16) Be designed and implemented in a manner 73
4462	4462	consistent with federal law to the extent that it applies; 74
4463	4463	(17) Make provisions for the participation in the plan 75
4464	4464	of individuals who are not employees, if allowed under 76
4465	4465	federal law; 77
4466	4466	(18) Establish rules and procedures governing the 78
4467	4467	distribution of funds from the plan, including such 79
4468	4468	distributions as may be permitted or required by the plan 80
4469	4469	and any applicable provisions of ERISA, the tax - 81
4470	4470	qualification rules, and the other tax laws, with the 82
4471	4471	objectives of maximizing financial security in retirement, 83
4472	4472	protecting spousal rights, and assisting participants to 84
4473	4473	effectively manage the decumulation of their savings and to 85
4474	4474	receive payment of their benefits under the plan. The board 86
4475	4475	shall have the authority, in its discretion, to provide for 87
4476	4476	one or more reasonably priced distribution options to 88
4477	4477	provide a source of fixed regular retirement income, 89
4478	4478	including income for life or for the participant's life 90
4479	4479	expectancy, or for joint lives and life expectancies, as 91
4480	4480	applicable; 92 HCS SS SB 75 142
4481	4481	(19) Establish rules and procedures promoting 93
4482	4482	portability of benefits, including the ability to make roll - 94
4483	4483	overs or transfers to and from the plan that are exempt from 95
4484	4484	federal income tax, provided that any roll -over is initiated 96
4485	4485	by participants; and 97
4486	4486	(20) Encourage choices by employers in the state to 98
4487	4487	adopt a specified tax -favored retirement plan, including the 99
4488	4488	plan. 100
4489	4489	285.1020. The board shall adopt rules to implement the 1
4490	4490	plan that: 2
4491	4491	(1) Establish the processes for enrollment and 3
4492	4492	contributions under the plan, including withholding by 4
4493	4493	participating employ ers of employee payroll deduction 5
4494	4494	contributions from wages and remittance for deposit to the 6
4495	4495	plan; voluntary contributions by others, including self - 7
4496	4496	employed individuals and independent contractors, through 8
4497	4497	payroll deduction or otherwise; the making of default 9
4498	4498	contributions using default investments; and participant 10
4499	4499	selection of alternative contribution rates or amounts and 11
4500	4500	alternative investments from among the options offered under 12
4501	4501	the plan; 13
4502	4502	(2) Conduct outreach to individuals, employers, ot her 14
4503	4503	stakeholders, and the public regarding the plan. The rules 15
4504	4504	shall specify the contents, frequency, timing, and means of 16
4505	4505	required disclosures from the plan to eligible employees, 17
4506	4506	participants, and self -employed individuals, eligible 18
4507	4507	employers, participating employers, and other interested 19
4508	4508	parties. These disclosures shall include, but not be 20
4509	4509	limited to: 21
4510	4510	(a) The benefits associated with tax -favored 22
4511	4511	retirement saving; 23 HCS SS SB 75 143
4512	4512	(b) The potential advantages and disadvantages 24
4513	4513	associated with parti cipating in the plan; 25
4514	4514	(c) Instructions for enrolling and making 26
4515	4515	contributions; 27
4516	4516	(d) The potential availability of a saver's tax 28
4517	4517	credit, including the eligibility conditions for the credit 29
4518	4518	and instructions on how to claim it; 30
4519	4519	(e) A disclaimer that employees seeking tax, 31
4520	4520	investment, or other financial advice should contact 32
4521	4521	appropriate professional advisors, and that participating 33
4522	4522	employers are not in a position to provide such advice and 34
4523	4523	are not liable for decisions individuals make in relation to 35
4524	4524	the plan; 36
4525	4525	(f) The potential implications of account balances 37
4526	4526	under the plan for the application of asset limits under 38
4527	4527	certain public assistance programs; 39
4528	4528	(g) A disclaimer that the account owner is solely 40
4529	4529	responsible for investm ent performance, including market 41
4530	4530	gains and losses, and that plan accounts and rates of return 42
4531	4531	are not guaranteed by any employer, the state, the board, 43
4532	4532	any board member or state official, or the plan; 44
4533	4533	(h) Any additional information about retireme nt and 45
4534	4534	saving and other information designed to promote financial 46
4535	4535	literacy and capability, which may take the form of links 47
4536	4536	to, or explanations of how to obtain, such information; and 48
4537	4537	(i) Instructions on how to obtain additional 49
4538	4538	information about the plan; and 50
4539	4539	(3) Ensure that the assets of the trust and plan shall 51
4540	4540	at all times be preserved, invested, and expended only for 52
4541	4541	the purposes set forth in sections 285.1000 to 285.1055, and 53
4542	4542	that no property rights therein shall exist in favor of t he 54
4543	4543	state, except as provided under section 285.1045. 55 HCS SS SB 75 144
4544	4544	285.1025. An eligible employer, a participating 1
4545	4545	employer, or other employer is not and shall not be liable 2
4546	4546	for or bear responsibility for: 3
4547	4547	(1) An employee's decision as to wh ich investments to 4
4548	4548	choose; 5
4549	4549	(2) Participants' or the board's investment decisions; 6
4550	4550	(3) The administration, investment, investment 7
4551	4551	returns, or investment performance of the plan including, 8
4552	4552	but not limited to, any interest rate or other rate of 9
4553	4553	return on any contribution or account balance, provided that 10
4554	4554	the eligible employer, participating employer, or other 11
4555	4555	employer is not involved in the administration or investment 12
4556	4556	of the plan; 13
4557	4557	(4) The plan design or the benefits paid to 14
4558	4558	participants; or 15
4559	4559	(5) Any loss, failure to realize any gain, or any 16
4560	4560	other adverse consequences including, but not limited to, 17
4561	4561	any adverse tax consequences or loss of favorable tax 18
4562	4562	treatment, public assistance, or other benefits, incurred by 19
4563	4563	any person solely and directly as a result of participating 20
4564	4564	in the plan. 21
4565	4565	285.1030. 1. The state of Missouri; the board; each 1
4566	4566	member of the board; any other state official, state board, 2
4567	4567	commission, and agency; any member, officer, and employee 3
4568	4568	thereof; and the plan: 4
4569	4569	(1) Shall not guarantee any interest rate or other 5
4570	4570	rate of return on or investment performance of any 6
4571	4571	contribution or account balance; and 7
4572	4572	(2) Shall not be liable or responsible for any loss, 8
4573	4573	deficiency, failure to realiz e any gain, or any other 9
4574	4574	adverse consequences including, but not limited to, any 10
4575	4575	adverse tax consequences or loss of favorable tax treatment, 11 HCS SS SB 75 145
4576	4576	public assistance, or other benefits, incurred by any person 12
4577	4577	as a result of participating in the plan. 13
4578	4578	2. The debts, contracts, and obligations of the plan 14
4579	4579	or the board are not the debts, contracts, and obligations 15
4580	4580	of the state, and neither the faith and credit nor the 16
4581	4581	taxing power of the state is pledged directly or indirectly 17
4582	4582	to the payment of the debt s, contracts, and obligations of 18
4583	4583	the plan or the board. 19
4584	4584	3. Nothing in sections 285.1000 to 285.1055 shall be 20
4585	4585	construed to guarantee any interest rate or other rate of 21
4586	4586	return on or investment performance of any contribution or 22
4587	4587	account balance. 23
4588	4588	285.1035. 1. Individual account information relating 1
4589	4589	to accounts under the plan and relating to individual 2
4590	4590	participants including, but not limited to, names, 3
4591	4591	addresses, telephone numbers, email addresses, personal 4
4592	4592	identification information, investments, contributions, and 5
4593	4593	earnings shall be confidential and shall be maintained as 6
4594	4594	confidential, provided that such information may be 7
4595	4595	disclosed: 8
4596	4596	(1) To the extent necessary to administer the plan in 9
4597	4597	a manner consistent with se ctions 285.1000 to 285.1055, 10
4598	4598	ERISA, the Internal Revenue Code, or any other federal or 11
4599	4599	Missouri law; or 12
4600	4600	(2) If the individual who provides the information or 13
4601	4601	who is the subject of the information expressly agrees in 14
4602	4602	writing to the disclosure of t he information. 15
4603	4603	2. Information required to be confidential under 16
4604	4604	subsection 1 of this section shall be considered a "closed 17
4605	4605	record" as that term is defined in section 610.010, 18
4606	4606	regardless as to whether such information has been disclosed 19
4607	4607	as allowed by subsection 1 of this section. 20 HCS SS SB 75 146
4608	4608	285.1040. The board may enter into an 1
4609	4609	intergovernmental agreement or memorandum of understanding 2
4610	4610	with the state of Missouri, another state or states, and any 3
4611	4611	agency thereof to receive outreach, tech nical assistance, 4
4612	4612	enforcement and compliance services, collection or 5
4613	4613	dissemination of information pertinent to the plan, subject 6
4614	4614	to such obligations of confidentiality as may be agreed or 7
4615	4615	required by law, or other services or assistance. The state 8
4616	4616	of Missouri, another state or states, and any agency thereof 9
4617	4617	that enters into such agreements or memoranda of 10
4618	4618	understanding shall collaborate to provide the outreach, 11
4619	4619	assistance, information, and compliance or other services or 12
4620	4620	assistance to the board. The memoranda of understanding may 13
4621	4621	cover the sharing of costs incurred in gathering and 14
4622	4622	disseminating information and the reimbursement of costs for 15
4623	4623	any enforcement activities or assistance. 16
4624	4624	285.1045. 1. There is hereby created in t he state 1
4625	4625	treasury the "Show-Me MyRetirement Savings Administrative 2
4626	4626	Fund", which shall consist of moneys collected under this 3
4627	4627	section. The state treasurer shall be custodian of the 4
4628	4628	fund. In accordance with sections 30.170 and 30.180, the 5
4629	4629	state treasurer may approve disbursements. Subject to 6
4630	4630	appropriation, moneys in the fund shall be distributed by 7
4631	4631	the state treasurer solely for the administration of 8
4632	4632	sections 285.1000 to 285.1055. 9
4633	4633	2. Notwithstanding the provisions of section 33.080 to 10
4634	4634	the contrary, any moneys remaining in the fund at the end of 11
4635	4635	the biennium shall not revert to the credit of the general 12
4636	4636	revenue fund. 13
4637	4637	3. The state treasurer shall invest moneys in the fund 14
4638	4638	in the same manner as other funds are invested. Any 15 HCS SS SB 75 147
4639	4639	interest and moneys earned on such investments shall be 16
4640	4640	credited to the fund. 17
4641	4641	4. The Show-Me MyRetirement Savings administrative 18
4642	4642	fund shall consist of: 19
4643	4643	(1) Moneys appropriated to the administrative fund by 20
4644	4644	the general assembly; 21
4645	4645	(2) Moneys transferred to the administrative fund from 22
4646	4646	the federal government, other state agencies, or local 23
4647	4647	governments; 24
4648	4648	(3) Moneys from the payment of application, account, 25
4649	4649	administrative, or other fees and the payment of other 26
4650	4650	moneys due to the board; 27
4651	4651	(4) Any gifts, donations, or grants made to the state 28
4652	4652	of Missouri for deposit in the administrative fund; 29
4653	4653	(5) Moneys collected for the administrative fund from 30
4654	4654	contributions to, or investment returns or assets of, the 31
4655	4655	plan or other moneys collected by or for the plan or 32
4656	4656	pursuant to arrangements established under the plan to the 33
4657	4657	extent permitted under federal and Missouri law; and 34
4658	4658	(6) Earnings on moneys in the administrative fund. 35
4659	4659	5. To the extent consistent with ERISA, the tax 36
4660	4660	qualification rules, and other federal law, the board shall 37
4661	4661	accept any grants, gifts, appropriations, or other moneys 38
4662	4662	from the state; any unit of federal, state, or local 39
4663	4663	government; or any other person, firm, partnership, 40
4664	4664	corporation, or other entity solely for deposit into the 41
4665	4665	administrative fund, whether for investment or 42
4666	4666	administrative expenses. 43
4667	4667	6. To enable or facilitate the start -up and continuing 44
4668	4668	operation, maintenance, administration, and management of 45
4669	4669	the program until the plan accumulates s ufficient balances 46
4670	4670	and can generate sufficient funding through fees assessed on 47 HCS SS SB 75 148
4671	4671	program accounts for the plan to become financially self - 48
4672	4672	sustaining: 49
4673	4673	(1) The board may borrow from the state of Missouri; 50
4674	4674	any unit of federal, state, or local governm ent; or any 51
4675	4675	other person, firm, partnership, corporation, or other 52
4676	4676	entity working capital funds and other funds as may be 53
4677	4677	necessary for this purpose, provided that such funds are 54
4678	4678	borrowed in the name of the plan and board only and that any 55
4679	4679	such borrowings shall be payable solely from the revenues of 56
4680	4680	the plan; and 57
4681	4681	(2) The board may enter into long -term procurement 58
4682	4682	contracts with one or more financial providers that provide 59
4683	4683	a fee structure that would assist the plan in avoiding or 60
4684	4684	minimizing the need to borrow or to rely upon general assets 61
4685	4685	of the state. 62
4686	4686	7. Subject to appropriation, the state of Missouri may 63
4687	4687	pay administrative costs associated with the creation, 64
4688	4688	maintenance, operation, and management of the plan and trust 65
4689	4689	until sufficient assets are available in the administrative 66
4690	4690	fund for that purpose. Thereafter, all administrative costs 67
4691	4691	of the administrative fund, including any repayment of start - 68
4692	4692	up funds provided by the state of Missouri, shall be repaid 69
4693	4693	only out of moneys on d eposit therein. However, private 70
4694	4694	funds or federal funding received in order to implement the 71
4695	4695	program until the administrative fund is self -sustaining 72
4696	4696	shall not be repaid unless those funds were offered 73
4697	4697	contingent upon the promise of such repayment. 74
4698	4698	8. The board may use the moneys in the administrative 75
4699	4699	fund solely to pay the administrative costs and expenses of 76
4700	4700	the plan and the administrative costs and expenses the board 77
4701	4701	incurs in the performance of its duties under sections 78
4702	4702	285.1000 to 285.1055. 79 HCS SS SB 75 149
4703	4703	9. The state treasurer's office shall follow the 80
4704	4704	competitive bids procedure adopted by the office of 81
4705	4705	administration for the following: 82
4706	4706	(1) The contracting or hiring of a contractor with the 83
4707	4707	relevant skills, knowledge, and expertise deter mined by the 84
4708	4708	board for managing the program, every five years; and 85
4709	4709	(2) At the state treasurer's discretion, the 86
4710	4710	contracting or hiring of a contractor who has qualified 87
4711	4711	staff with the relevant skills, knowledge, and expertise as 88
4712	4712	determined by the state treasurer's office when the number 89
4713	4713	of the participants in the plan reaches fifty thousand 90
4714	4714	participants. 91
4715	4715	The office of administration is authorized to provide the 92
4716	4716	state treasurer's office with the necessary assistance and 93
4717	4717	services as may be needed . 94
4718	4718	285.1050. 1. The board shall keep an accurate account 1
4719	4719	of all the activities, operations, receipts, and 2
4720	4720	expenditures of the plan, the trust, and the board. Each 3
4721	4721	year, a full audit of the books and accounts of the board 4
4722	4722	pertaining to those activities, operations, receipts and 5
4723	4723	expenditures, personnel, services, or facilities shall be 6
4724	4724	conducted by a certified public accountant and shall 7
4725	4725	include, but not be limited to, direct and indirect costs 8
4726	4726	attributable to the use of outside c onsultants, independent 9
4727	4727	contractors, and any other persons who are not state 10
4728	4728	employees for the administration of the plan. For the 11
4729	4729	purposes of the audit, the auditors shall have access to the 12
4730	4730	properties and records of the plan and board and may 13
4731	4731	prescribe methods of accounting and the rendering of 14
4732	4732	periodic reports in relation to projects undertaken by the 15
4733	4733	plan. 16 HCS SS SB 75 150
4734	4734	2. By August first of each year, the board shall 17
4735	4735	submit to the governor, the state treasurer, the president 18
4736	4736	pro tempore of the senate , and the speaker of the house of 19
4737	4737	representatives a public report on the operation of the plan 20
4738	4738	and trust and activities of the board, including an audited 21
4739	4739	financial report, prepared in accordance with generally 22
4740	4740	accepted accounting principles, detailing the activities, 23
4741	4741	operations, receipts, and expenditures of the plan and board 24
4742	4742	during the preceding calendar year. The report shall also 25
4743	4743	include a summary of the benefits provided by the plan, the 26
4744	4744	number of participants, average account balance, the nu mber 27
4745	4745	of participating employers, the contribution formulas and 28
4746	4746	amounts of contributions made by participants and by each 29
4747	4747	participating employer, the withdrawals, the account 30
4748	4748	balances, total assets under management, investments, 31
4749	4749	investment returns, fee s and expenses associated with the 32
4750	4750	investments and with the administration of the plan, 33
4751	4751	projected activities of the plan for the current calendar 34
4752	4752	year, and any other information regarding the plan and its 35
4753	4753	operations that the board may determine to prov ide. 36
4754	4754	285.1055. 1. The board shall establish the plan so 1
4755	4755	that individuals are able to begin contributing under the 2
4756	4756	plan on or before September 1, 2025. 3
4757	4757	2. The board may, in its discretion, phase in the plan 4
4758	4758	so that the ability to contribute first applies on different 5
4759	4759	dates for different classes of individuals, including 6
4760	4760	employees of employers of different sizes or types and 7
4761	4761	individuals who are not employees; provided that, any such 8
4762	4762	staged or phased-in implementation schedule shall be 9
4763	4763	substantially completed on or before September 1, 2025. 10
4764	4764	476.521. 1. Notwithstanding any provision of chapter 1
4765	4765	476 to the contrary, each person who first becomes a judge 2 HCS SS SB 75 151
4766	4766	on or after January 1, 2011, and continues to be a jud ge may 3
4767	4767	receive benefits as provided in sections 476.445 to 476.688 4
4768	4768	subject to the provisions of this section. 5
4769	4769	2. Any person who is at least sixty -seven years of 6
4770	4770	age, has served in this state an aggregate of at least 7
4771	4771	twelve years, continuously or otherwise, as a judge, and 8
4772	4772	ceases to hold office by reason of the expiration of the 9
4773	4773	judge's term, voluntary resignation, or retirement pursuant 10
4774	4774	to the provisions of Subsection 2 of Section 24 of Article V 11
4775	4775	of the Constitution of Missouri may receive ben efits as 12
4776	4776	provided in sections 476.515 to 476.565. The twelve-year 13
4777	4777	requirement of this subsection may be fulfilled by service 14
4778	4778	as judge in any of the courts covered, or by service in any 15
4779	4779	combination as judge of such courts, totaling an aggregate 16
4780	4780	of twelve years. Any judge who is at least sixty -seven 17
4781	4781	years of age and who has served less than twelve years and 18
4782	4782	is otherwise qualified under sections 476.515 to 476.565 may 19
4783	4783	retire after reaching age sixty -seven, or thereafter, at a 20
4784	4784	reduced retirement comp ensation in a sum equal to the 21
4785	4785	proportion of the retirement compensation provided in 22
4786	4786	section 476.530 that his or her period of judicial service 23
4787	4787	bears to twelve years. 24
4788	4788	3. Any person who is at least sixty -two years of age 25
4789	4789	or older, has served in th is state an aggregate of at least 26
4790	4790	twenty years, continuously or otherwise, as a judge, and 27
4791	4791	ceases to hold office by reason of the expiration of the 28
4792	4792	judge's term, voluntary resignation, or retirement pursuant 29
4793	4793	to the provisions of Subsection 2 of Section 24 of Article V 30
4794	4794	of the Constitution of Missouri may receive benefits as 31
4795	4795	provided in sections 476.515 to 476.565. The twenty-year 32
4796	4796	requirement of this subsection may be fulfilled by service 33
4797	4797	as a judge in any of the courts covered, or by service in 34 HCS SS SB 75 152
4798	4798	any combination as judge of such courts, totaling an 35
4799	4799	aggregate of twenty years. Any judge who is at least sixty - 36
4800	4800	two years of age and who has served less than twenty years 37
4801	4801	and is otherwise qualified under sections 476.515 to 476.565 38
4802	4802	may retire after reach ing age sixty-two, at a reduced 39
4803	4803	retirement compensation in a sum equal to the proportion of 40
4804	4804	the retirement compensation provided in section 476.530 that 41
4805	4805	his or her period of judicial service bears to twenty years. 42
4806	4806	4. All judges under this section required by the 43
4807	4807	provisions of Section 26 of Article V of the Constitution of 44
4808	4808	Missouri to retire at the age of seventy years shall retire 45
4809	4809	upon reaching that age. 46
4810	4810	5. The provisions of sections 104.344, 476.524, and 47
4811	4811	476.690 shall not apply to judges covered by this section. 48
4812	4812	6. A judge shall be required to contribute four 49
4813	4813	percent of the judge's compensation to the retirement 50
4814	4814	system, which shall stand to the judge's credit in his or 51
4815	4815	her individual account with the system, together with 52
4816	4816	investment credits thereon, for purposes of funding 53
4817	4817	retirement benefits payable as provided in sections 476.515 54
4818	4818	to 476.565, subject to the following provisions: 55
4819	4819	(1) The state of Missouri employer, pursuant to the 56
4820	4820	provisions of 26 U.S.C. Section 414(h)(2 ), shall pick up and 57
4821	4821	pay the contributions that would otherwise be payable by the 58
4822	4822	judge under this section. The contributions so picked up 59
4823	4823	shall be treated as employer contributions for purposes of 60
4824	4824	determining the judge's compensation that is includab le in 61
4825	4825	the judge's gross income for federal income tax purposes; 62
4826	4826	(2) Judge contributions picked up by the employer 63
4827	4827	shall be paid from the same source of funds used for the 64
4828	4828	payment of compensation to a judge. A deduction shall be 65
4829	4829	made from each judge's compensation equal to the amount of 66 HCS SS SB 75 153
4830	4830	the judge's contributions picked up by the employer. This 67
4831	4831	deduction, however, shall not reduce the judge's 68
4832	4832	compensation for purposes of computing benefits under the 69
4833	4833	retirement system pursuant to this chapter; 70
4834	4834	(3) Judge contributions so picked up shall be credited 71
4835	4835	to a separate account within the judge's individual account 72
4836	4836	so that the amounts contributed pursuant to this section may 73
4837	4837	be distinguished from the amounts contributed on an after - 74
4838	4838	tax basis; 75
4839	4839	(4) The contributions, although designated as employee 76
4840	4840	contributions, are being paid by the employer in lieu of the 77
4841	4841	contributions by the judge. The judge shall not have the 78
4842	4842	option of choosing to receive the contributed amounts 79
4843	4843	directly instead of having them paid by the employer to the 80
4844	4844	retirement system; 81
4845	4845	(5) Interest shall be credited annually on June 82
4846	4846	thirtieth based on the value in the account as of July first 83
4847	4847	of the immediately preceding year at a rate of four 84
4848	4848	percent. Effective June 30, 2024, and each June thirtieth 85
4849	4849	thereafter, the interest crediting rate shall be equal to 86
4850	4850	the investment rate that is published by the United States 87
4851	4851	Department of Treasury, or its successor agency, for fifty - 88
4852	4852	two-week treasury bills for the relevant a uction that is 89
4853	4853	nearest to the preceding July first, or a successor treasury 90
4854	4854	bill investment rate as approved by the board if the fifty - 91
4855	4855	two-week treasury bill is no longer issued. Interest 92
4856	4856	credits shall cease upon retirement or death of the judge; 93
4857	4857	(6) A judge whose employment is terminated may request 94
4858	4858	a refund of his or her contributions and interest credited 95
4859	4859	thereon. If such judge is married at the time of such 96
4860	4860	request, such request shall not be processed without consent 97
4861	4861	from the spouse. A judge is not eligible to request a 98 HCS SS SB 75 154
4862	4862	refund if the judge's retirement benefit is subject to a 99
4863	4863	division of benefit order pursuant to section 104.312. Such 100
4864	4864	refund shall be paid by the system after ninety days from 101
4865	4865	the date of termination of employment or the request, 102
4866	4866	whichever is later and shall include all contributions made 103
4867	4867	to any retirement plan administered by the system and 104
4868	4868	interest credited thereon. A judge may not request a refund 105
4869	4869	after such judge becomes eligible for retirement benefits 106
4870	4870	under sections 476.515 to 476.565. A judge who receives a 107
4871	4871	refund shall forfeit all the judge's service and future 108
4872	4872	rights to receive benefits from the system and shall not be 109
4873	4873	eligible to receive any long -term disability benefits; 110
4874	4874	provided that any judge or former judge receiving long -term 111
4875	4875	disability benefits shall not be eligible for a refund. If 112
4876	4876	such judge subsequently becomes a judge and works 113
4877	4877	continuously for at least one year, the service previously 114
4878	4878	forfeited shall be restored if the judge returns t o the 115
4879	4879	system the amount previously refunded plus interest at a 116
4880	4880	rate established by the board; 117
4881	4881	(7) The beneficiary of any judge who made 118
4882	4882	contributions shall receive a refund upon the judge's death 119
4883	4883	equal to the amount, if any, of such contributions and 120
4884	4884	interest credited thereon, less any retirement benefits 121
4885	4885	received by the judge unless an annuity is payable to a 122
4886	4886	survivor or beneficiary as a result of the judge's death. 123
4887	4887	In that event, the beneficiary of the survivor or 124
4888	4888	beneficiary who received the annuity shall receive a refund 125
4889	4889	upon the survivor's or beneficiary's death equal to the 126
4890	4890	amount, if any, of the judge's contributions less any 127
4891	4891	annuity amounts received by the judge and the survivor or 128
4892	4892	beneficiary. 129 HCS SS SB 75 155
4893	4893	7. The employee contribution r ate, the benefits 130
4894	4894	provided under sections 476.515 to 476.565 to judges covered 131
4895	4895	under this section, and any other provision of sections 132
4896	4896	476.515 to 476.565 with regard to judges covered under this 133
4897	4897	section may be altered, amended, increased, decreased, or 134
4898	4898	repealed, but only with respect to services rendered by the 135
4899	4899	judge after the effective date of such alteration, 136
4900	4900	amendment, increase, decrease, or repeal, or, with respect 137
4901	4901	to interest credits, for periods of time after the effective 138
4902	4902	date of such alteration, amendment, increase, decrease, or 139
4903	4903	repeal. 140
4904	4904	8. Any judge who is receiving retirement compensation 141
4905	4905	under section 476.529 or 476.530 who becomes employed as an 142
4906	4906	employee eligible to participate in the closed plan or in 143
4907	4907	the year 2000 plan under c hapter 104, shall not receive such 144
4908	4908	retirement compensation for any calendar month in which the 145
4909	4909	retired judge is so employed. Any judge who is receiving 146
4910	4910	retirement compensation under section 476.529 or section 147
4911	4911	476.530 who subsequently serves as a judge as defined 148
4912	4912	pursuant to subdivision (4) of subsection 1 of section 149
4913	4913	476.515 shall not receive such retirement compensation for 150
4914	4914	any calendar month in which the retired judge is serving as 151
4915	4915	a judge; except that upon retirement such judge's annuity 152
4916	4916	shall be recalculated to include any additional service or 153
4917	4917	salary accrued based on the judge's subsequent service. A 154
4918	4918	judge who is receiving compensation under section 476.529 or 155
4919	4919	476.530 may continue to receive such retirement compensation 156
4920	4920	while serving as a senior judge or senior commissioner and 157
4921	4921	shall receive additional credit and salary for such service 158
4922	4922	pursuant to section 476.682. 159
4923	4923	[104.130. Upon the death of a retired 1
4924	4924	member, the board shall pay to such member's 2
4925	4925	designated beneficia ries or to his estate a 3 HCS SS SB 75 156
4926	4926	death benefit equal to the excess, if any, of 4
4927	4927	the accumulated contributions of the member at 5
4928	4928	retirement over the total amount of retirement 6
4929	4929	benefits received by such member prior to his 7
4930	4930	death.] 8
4931	4931	