EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED ]
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE BILL NO. 75
102ND GENERAL ASSEMBLY
2023
0673H.07T
AN ACT
To repeal sections 57.952, 57.961, 57.967, 57.991, 86.253, 86.254, 86.280, 86.283, 86.287,
104.010, 104.020, 104.035, 104.090, 104.130, 104.160, 104.170, 104.200, 104.312,
104.380, 104.410, 104.436, 104.490, 104.515, 104.625, 104.810, 104.1003, 104.1018,
104.1024, 104.1039, 104.1051, 104.1060, 104.1066, 104.1072, 104.1084, 104.1091,
169.070, 169.141, 169.331, 169.560, 169.596, 169.715, 173.1205, and 476.521, RSMo,
and to enact in lieu thereof fifty-five new sections relating to retirement systems.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 57.952, 57.961, 57.967, 57.991, 1
86.253, 86.254, 86.280, 86.283, 86.287, 104.010, 104.020, 2
104.035, 104.090, 104.130, 104.160, 104.170, 104.200, 104.312, 3
104.380, 104.410, 104.436, 104.490, 104.515, 104.625, 104.810, 4
104.1003, 104.1018, 104.1024, 104.1039, 104.1051, 104.1060, 5
104.1066, 104.1072, 104.1084, 104.1091, 169.070, 169.141, 6
169.331, 169.560, 169.596, 169.715, 173.1205, and 476.521, 7
RSMo, are repealed and fifty -five new sections enacted in lieu 8
thereof, to be known as sectio ns 57.952, 57.961, 57.967, 57.991, 9
86.253, 86.254, 86.280, 86.283, 86.287, 104.010, 104.020, 10
104.035, 104.090, 104.160, 104.170, 104.200, 104.312, 104.380, 11
104.410, 104.436, 104.490, 104.515, 104.625, 104.810, 104.1003, 12
104.1018, 104.1024, 104.1039, 104.10 51, 104.1060, 104.1066, 13
104.1072, 104.1084, 104.1091, 168.082, 169.070, 169.141, 14 HCS SS SB 75 2
169.331, 169.560, 169.596, 169.715, 173.1205, 285.1000, 15
285.1005, 285.1010, 285.1015, 285.1020, 285.1025, 285.1030, 16
285.1035, 285.1040, 285.1045, 285.1050, 285.1055, and 476.5 21, 17
to read as follows:18
57.952. 1. There is hereby authorized a "Sheriffs' 1
Retirement Fund" which shall be under the management of a 2
board of directors described in section 57.958. The board 3
of directors shall be responsible for the administrat ion and 4
the investment of the funds of such sheriffs' retirement 5
fund. [Neither] The general assembly [nor] and the 6
governing body of a county [shall] may appropriate funds for 7
deposit in the sheriffs' retirement fund. If insufficient 8
funds are generated to provide the benefits payable pursuant 9
to the provisions of sections 57.949 to 57.997, the board 10
shall proportion the benefits according to the funds 11
available. 12
2. The board may accept gifts, donations, grants, and 13
bequests from public or private sources to the sheriffs' 14
retirement fund. 15
3. Each county shall make the payroll deductions for 16
member contributions mandated under section 57.961, and the 17
county shall transmit such moneys to the board for deposit 18
into the sheriffs' reti rement fund. 19
57.961. 1. On and after the effective date of the 1
establishment of the system, as an incident to his or her 2
employment or continued employment, each person employed as 3
an elected or appointed sheriff of a county shall b ecome a 4
member of the system. Such membership shall continue as 5
long as the person continues to be an employee, or receives 6
or is eligible to receive benefits under the provisions of 7
sections 57.949 to 57.997. 8 HCS SS SB 75 3
2. Notwithstanding any other prov ision of law to the 9
contrary, each person who is a member of the system on or 10
after January 1, 2024, shall be required to contribute five 11
percent of the member's pay to the retirement system. Such 12
contribution shall be made notwithstanding that the mi nimum 13
salary or wages provided by law for any member shall thereby 14
be changed. Each member shall be deemed to consent and 15
agree to the deduction made and provided for herein. 16
Payment of a member's compensation less such deduction shall 17
be a full and complete discharge and acquittance of all 18
claims and demands whatsoever for services rendered by him 19
or her to a county, except as to benefits provided by this 20
system. 21
3. The officer or officers responsible for making up 22
the payrolls for each co unty shall cause the contribution 23
provided for in this section to be deducted from the 24
compensation of the member in the employ of the county, on 25
each and every payroll, for each and every payroll to the 26
date his or her membership terminates. When deducted, each 27
contribution shall be paid by the county to the system; the 28
payments shall be made in the manner and shall be 29
accompanied by such supporting data as the board shall from 30
time to time prescribe. When paid to the system, each of 31
the contributions shall be credited to the member from whose 32
compensation the contributions were deducted. The 33
contributions so deducted shall be treated as employee 34
contributions for purposes of determining the member's pay 35
that is includable in the member's gr oss income for federal 36
income tax purposes. 37
4. Member contributions deducted and paid into the 38
system by the county shall be paid from the same source of 39
funds used for the payment of pay to a member. A deduction 40 HCS SS SB 75 4
shall be made from each member's pay equal to the amount of 41
the member's contributions picked up by the employer. This 42
deduction, however, shall not reduce the member's pay for 43
purposes of computing benefits under the retirement system 44
under this chapter. 45
5. The contributions, although designated as employee 46
contributions, shall be paid by the county in lieu of the 47
contributions by the member. The member shall not have the 48
option of choosing to receive the contributed amounts 49
directly instead of having them paid by the cou nty to the 50
retirement system. 51
6. A former member who is not vested may request a 52
refund of his or her contributions. Such refund shall be 53
paid by the system after ninety days from the date of 54
termination of employment or the request, whichever i s 55
later, and shall include all contributions made to any 56
retirement plan administered by the system. 57
[2.] 7. Beginning September 1, 1986, any city not 58
within a county and any county having a charter form of 59
government may elect, by a majority vot e of its governing 60
body, to come under the provisions of sections 57.949 to 61
57.997 except for the provisions of section 57.955. Notice 62
in writing of such election shall be given to the board, and 63
the person employed as sheriff of such county, as an 64
incident of his contract of employment or continued 65
employment, shall become a member of the system on the first 66
day of the month immediately following the date the board 67
receives notice. Such membership shall continue as long as 68
the person continues t o be an employee, or receives or is 69
eligible to receive benefits under the provisions of 70
sections 57.949 to 57.997, and upon becoming a member he 71 HCS SS SB 75 5
shall receive credit for all prior service as if he had 72
become a member on December 22, 1983. 73
8. Subject to the limitations under sections 57.949 to 74
57.997, the board shall have the authority to formulate and 75
adopt rules and regulations for the administration of these 76
provisions. 77
57.967. 1. The normal annuity of a retired member 1
shall equal two percent of the final average compensation of 2
the retired member multiplied by the number of years of 3
creditable service of the retired member, except that the 4
normal annuity shall not exceed seventy -five percent of the 5
retired member's average final compensation. Such annuity 6
shall be not less than one thousand dollars per month. 7
2. The board, at its last meeting of each calendar 8
year, shall determine the monthly amount for medical 9
insurance premiums to be paid to each retired member during 10
the next following calendar year. The monthly amount shall 11
not exceed four hundred fifty dollars. The monthly payments 12
are at the discretion of the board on the advice of the 13
actuary. The anticipated sum of all such payments during 14
the year plus the annual normal cost plus the annual amount 15
to amortize the unfunded actuarial accrued liability in no 16
more than thirty years shall not exceed the anticipated 17
moneys credited to the system pursuant to [section] sections 18
57.952 and 57.955. The money amount granted here shall not 19
be continued to any survivor. 20
3. If a member with eight or more years of service 21
dies before becoming eligible for retirement, the member's 22
surviving spouse, if he or she has been married to the 23
member for at least two years prior to the member's death, 24
shall be entitled to survivor benefits under option 1 as set 25
forth in section 57.979 as if the member had retired on the 26 HCS SS SB 75 6
date of the member's death. The member's monthly benefit 27
shall be calculated as the member's accrued benefit at his 28
or her death reduced by one -fourth of one percent per month 29
for an early commencement from the member's normal 30
retirement date: age fifty-five with twelve or more years 31
of creditable service or age sixty -two with eight years of 32
creditable service, to the member's date of death. Such 33
benefit shall be payable on the first day of the month 34
following the member's death and shall be payable during the 35
surviving spouse's lifetime. 36
57.991. 1. For members of the system prior to 1
December 31, 2023, the benefits provided for by sections 2
57.949 to 57.997 shall in no way affect any person's 3
eligibility for retirement benefits under the local 4
government employees' retirement system, sections 70.600 to 5
70.755, or any other local government retirement or pension 6
system, or in any way have the effect of reducing retirement 7
benefits in such systems, or reducing compensation or 8
mileage reimbursement of employees, anything to the contrary 9
notwithstanding. 10
2. Any new members employed under this section, on or 11
after January 1, 2024, shall be subject to the following 12
provisions: 13
(1) A member of another state or local retirement or 14
pension system who begins employment in a position covered 15
by the sheriffs' retirement system shall become a member of 16
the sheriffs' retirement system upon employment. Any 17
membership in any other state or local retirement or pension 18
system shall cease, except that the member shall be entitled 19
to benefits accrued through December 31, 2023, or the 20
commencement of membership in the sheriffs' retirement 21
system, whichever is later; and 22 HCS SS SB 75 7
(2) Subject to the limitations under sections 57.949 23
to 57.997, the board shall have the authority to formulate 24
and adopt rules and regulations for the administration of 25
these provisions. 26
86.253. 1. Upon termination of employment as a police 1
officer and actual retirement for service, a member shall 2
receive a service retirement allowance which shall be an 3
amount equal to two percent of the member's average final 4
compensation multiplied by the number of years of the 5
member's creditable service, up to twenty -five years, plus 6
an amount equal to four percent of the member's average 7
final compensation for each year of creditable service in 8
excess of twenty-five years but not in excess of thirty 9
years; plus an additional five percent of the member's 10
average final compensation for any creditable service in 11
excess of thirty years. Notwithstanding the fore going, the 12
service retirement allowance of a member who does not earn 13
any creditable service after August 11, 1999, shall not 14
exceed an amount equal to seventy percent of the member's 15
average final compensation, and the service retirement 16
allowance of a member who earns creditable service on or 17
after August 12, 1999, shall not exceed an amount equal to 18
seventy-five percent of the member's average final 19
compensation; provided, however, that the service retirement 20
allowance of a member who is partici pating in the DROP 21
pursuant to section 86.251 on August 12, 1999, who returns 22
to active participation in the system pursuant to section 23
86.251, and who terminates employment as a police officer 24
and actually retires for reasons other than death or 25
disability before earning at least two years of creditable 26
service after such return shall be the sum of (1) the 27
member's service retirement allowance as of the date the 28 HCS SS SB 75 8
member entered DROP and (2) an additional service retirement 29
allowance based solely on the creditable service earned by 30
the member following the member's return to active 31
participation. The member's total years of creditable 32
service shall be taken into account for the purpose of 33
determining whether the additional allowance attributable to 34
such additional creditable service is two percent, four 35
percent or five percent of the member's average final 36
compensation. 37
2. If, at any time since first becoming a member of 38
the retirement system, the member has served in the Armed 39
Forces of the United States, and has subsequently been 40
reinstated as a policeman within ninety days after the 41
member's discharge, the member shall be granted credit for 42
such service as if the member's service in the police 43
department of such city had not been interrupted by the 44
member's induction into the Armed Forces of the United 45
States. If earnable compensation is needed for such period 46
in computation of benefits it shall be calculated on the 47
basis of the compensation payable to the officers of the 48
member's rank during the period of the member's absence. 49
Notwithstanding any provision of sections 86.200 to 86.366 50
to the contrary, the retirement system governed by sections 51
86.200 to 86.366 shall be operated and administered in 52
accordance with the ap plicable provisions of the Uniformed 53
Services Employment and Reemployment Rights Act of 1994, as 54
amended. 55
3. The service retirement allowance of each present 56
and future retired member who terminated employment as a 57
police officer and actually ret ired from service after 58
attaining age fifty-five or after completing twenty years of 59
creditable service shall be increased annually at a rate not 60 HCS SS SB 75 9
to exceed three percent as approved by the board of trustees 61
beginning with the first increase in the seco nd October 62
following the member's retirement and subsequent increases 63
in each October thereafter, provided that each increase is 64
subject to a determination by the board of trustees that the 65
consumer price index (United States City Average Index) as 66
published by the United States Department of Labor shows an 67
increase of not less than the approved rate during the 68
latest twelve-month period for which the index is available 69
at the date of determination; and provided further, that if 70
the increase is in excess of the approved rate for any year, 71
such excess shall be accumulated as to any retired member 72
and increases may be granted in subsequent years subject to 73
a maximum of three percent for each full year from October 74
following the member's retirement but not to exceed a total 75
percentage increase of thirty percent. In no event shall 76
the increase described under this subsection be applied to 77
the amount, if any, paid to a member or surviving spouse of 78
a deceased member for services as a special cons ultant under 79
subsection 5 of this section [or, if applicable, subsection 80
6 of this section]. If the board of trustees determines 81
that the index has decreased for any year, the benefits of 82
any retired member that have been increased shall be 83
decreased but not below the member's initial benefit. No 84
annual increase shall be made of less than one percent and 85
no decrease of less than three percent except that any 86
decrease may be limited in amount by the initial benefit. 87
4. In addition to any othe r retirement allowance 88
payable under this section and section 86.250, a member, 89
upon termination of employment as police officer and actual 90
service retirement, may request payment of the total amount 91
of the member's mandatory contributions to the retir ement 92 HCS SS SB 75 10
system without interest. Upon receipt of such request, the 93
board shall pay the retired member such total amount of the 94
member's mandatory contributions to the retirement system to 95
be paid pursuant to this subsection within sixty days after 96
such retired member's date of termination of employment as a 97
police officer and actual retirement. 98
5. Any person who is receiving retirement benefits 99
from the retirement system, upon application to the board of 100
trustees, shall be made, constituted, ap pointed and employed 101
by the board of trustees as a special consultant on the 102
problems of retirement, aging and other matters, for the 103
remainder of the person's life or, in the case of a deceased 104
member's surviving spouse, until [the earlier of] the 105
person's death [or remarriage], and upon request of the 106
board of trustees shall give opinions and be available to 107
give opinions in writing or orally, in response to such 108
requests, as may be required. For such services the special 109
consultant shall be com pensated monthly, in an amount which, 110
when added to any monthly retirement benefits being received 111
from the retirement system, including any cost -of-living 112
increases under subsection 3 of this section, shall total 113
six hundred fifty dollars a month. This employment shall in 114
no way affect any person's eligibility for retirement 115
benefits under this chapter, or in any way have the effect 116
of reducing retirement benefits, notwithstanding any 117
provisions of law to the contrary. 118
86.254. 1. Beginning July 1, 1994, in addition to any 1
other annuity, benefits, or retirement allowance provided 2
pursuant to sections 86.200 to 86.366, each present and 3
future retired member after attaining the age of sixty years 4
shall, upon application to the board of trustees, be made, 5
constituted, appointed and employed by the board of trustees 6 HCS SS SB 75 11
as an advisor on the problems of retirement, aging and other 7
matters, for the remainder of the retired member's life, and 8
upon request of the board of trustees sh all give opinions in 9
writing or orally in response to such requests as may be 10
required. 11
2. For the performance of duties required in 12
subsection 1 of this section, each retired member employed 13
as an advisor by the board of trustees shall be compen sated 14
monthly in an amount of ten dollars per month multiplied by 15
the number of years the retired member is past the age of 16
sixty years. The compensation provided by this subsection 17
shall be adjusted annually. No funding shall be required 18
prior to the effective date of this benefit. 19
3. Beginning October 1, 1999, in addition to any other 20
benefit provided to any surviving spouse pursuant to 21
sections 86.200 to 86.366, each present and future surviving 22
spouse of a member after attaining the age of sixty years 23
shall upon application to the board of trustees, be made, 24
constituted, appointed and employed by the board of trustees 25
as an advisor on the problems of retirement, aging and other 26
matters for the remainder of the surviving spouse's life [or 27
until the surviving spouse remarries, whichever is earlier ], 28
and upon request of the board of trustees shall give 29
opinions in writing or orally in response to such requests 30
as may be required. 31
4. For the performance of duties required in 32
subsection 3 of this section, each surviving spouse of a 33
member employed as an advisor by the board of trustees shall 34
be compensated monthly in an amount of ten dollars per month 35
multiplied by the number of years the surviving spouse is 36
past the age of sixty years. The compensation provided by 37
this subsection shall be adjusted annually. 38 HCS SS SB 75 12
86.280. Upon the receipt of proper proofs of the death 1
of a member in service and provided no other benefits are 2
payable under the retirement system , there shall be paid the 3
following benefits: 4
(1) Effective October 1, 1999, a pension to the 5
surviving spouse until the surviving spouse dies [or 6
remarries, whichever is earlier ], of forty percent of the 7
deceased member's average final compensat ion plus fifteen 8
percent of such compensation to, or for the benefit of, each 9
unmarried dependent child of the deceased member, who is 10
either under the age of eighteen, or who, regardless of age, 11
is totally and permanently mentally or physically disabl ed 12
and incapacitated from engaging in gainful occupation 13
sufficient to support himself or herself; 14
(2) Any surviving spouse or unmarried dependent child 15
receiving benefits pursuant to the provisions of this 16
section immediately prior to October 1, 1999, shall, upon 17
application to the board of trustees, be made, constituted, 18
appointed and employed by the board of trustees as a special 19
consultant on the problems of retirement, aging and other 20
matters while the surviving spouse or unmarried depend ent 21
child is receiving such benefits, and upon request of the 22
board of trustees shall give opinions in writing or orally 23
in response to such requests as may be required. Beginning 24
October 1, 1999, for such services as may be required, the 25
surviving spouse shall receive additional monthly 26
compensation in an amount equal to fifteen percent of the 27
deceased member's average final compensation, and there 28
shall be payable an additional monthly compensation of one 29
hundred dollars or five percent of the m ember's average 30
final compensation, whichever is greater, for each unmarried 31
dependent child of the member. The additional monthly 32 HCS SS SB 75 13
compensation payable to a surviving spouse pursuant to this 33
subdivision shall be adjusted for any cost -of-living 34
increases that apply, pursuant to subdivision (8) of this 35
section, to the benefit the surviving spouse was receiving 36
prior to October 1, 1999; 37
(3) If no surviving spouse benefits are payable 38
pursuant to subdivisions (1) and (2) of this section, such 39
total pension as would have been paid pursuant to 40
subdivisions (1) and (2) of this section had there been a 41
surviving spouse shall be divided among the unmarried 42
dependent children under age eighteen and such unmarried 43
dependent children, regardless of a ge, who are totally and 44
permanently mentally or physically disabled and 45
incapacitated from engaging in a gainful occupation 46
sufficient to support themselves. The benefit shall be 47
divided equally among the eligible dependent children, and 48
the share of a child who is no longer eligible shall be 49
divided equally among the remaining eligible dependent 50
children; provided that not more than one -half of the 51
surviving spouse's benefit shall be paid for one child; 52
(4) If there is no surviving spouse or dependent 53
children, the return of accumulated contributions to the 54
designated beneficiary as set forth in section 86.293; 55
(5) No benefits pursuant to this section shall be paid 56
to a child over eighteen years of age who is totally and 57
permanently disabled if such child is a patient or resident 58
of a public-supported institution, nor shall such benefits 59
be paid unless such disability occurred prior to such child 60
reaching the age of eighteen; 61
(6) Wherever any dependent child designated by th e 62
board of trustees to receive benefits pursuant to this 63
section is in the care of the surviving spouse of the 64 HCS SS SB 75 14
deceased member, such benefits may be paid to such surviving 65
spouse for the child; 66
(7) Any benefit payable to, or for the benefit of, a 67
child or children under the age of eighteen years pursuant 68
to subdivisions (1) to (3) of this section shall continue to 69
be paid beyond the age of eighteen years through the age of 70
twenty-two years if the child is a full -time student at a 71
regularly accredited college, business school, nursing 72
school, school for technical or vocational training, or 73
university, but such extended benefit shall cease whenever 74
the child ceases to be a student. A college or university 75
shall be deemed to be regularly acc redited which maintains 76
membership in good standing in a national or regional 77
accrediting agency recognized by any state college or 78
university; 79
(8) The benefits payable pursuant to this section to 80
the surviving spouse of a member who died in serv ice after 81
attaining the age of fifty -five or completing twenty years 82
of creditable service shall be increased in the same 83
percentages and pursuant to the same method as is provided 84
in section 86.253 for adjustments in the service retirement 85
allowance of a retired member; 86
(9) In the event a surviving spouse receiving death 87
benefits as a result of a prior marriage to a deceased 88
member subsequently remarries another member who also 89
predeceases the surviving spouse, the surviving spouse shall 90
receive a single death benefit pension, which, upon 91
application to the board of trustees, shall be computed 92
under subdivision (1) of this section using the highest of 93
the average final compensations of the deceased members to 94
which the surviving spouse wa s previously married; 95 HCS SS SB 75 15
(10) Beginning on August 28, 2023, any surviving 96
spouse that had, prior to August 28, 2023, become ineligible 97
for benefits under subdivisions (1) and (2) of this section 98
as a result of remarrying shall, upon application to th e 99
board of trustees, have reinstated all future benefits under 100
subdivisions (1) and (2) of this section. Any such 101
reinstatement shall be as to future benefits only and shall 102
not be retroactive prior to August 28, 2023 . 103
86.283. Upon receipt of proper proofs of the death of 1
a retired member who retired while in service, including 2
retirement for service, ordinary disability or accidental 3
disability, and provided no other benefits are payable from 4
the retirement system, there shall be paid the following 5
benefits: 6
(1) Effective October 1, 1999, a pension to the 7
surviving spouse until the surviving spouse dies [or 8
remarries, whichever is earlier ], of forty percent of the 9
deceased member's average final compensation plus fifte en 10
percent of such compensation to, or for the benefit of, each 11
unmarried dependent child of the deceased member, who is 12
either under the age of eighteen, or who, regardless of age, 13
is totally and permanently mentally or physically disabled 14
and incapacitated from engaging in a gainful occupation 15
sufficient to support himself or herself; 16
(2) Any surviving spouse or unmarried dependent child 17
receiving benefits pursuant to this section immediately 18
prior to October 1, 1999, shall upon application to the 19
board of trustees be made, constituted, appointed and 20
employed by the board of trustees as a special consultant on 21
the problems of retirement, aging and other matters while 22
the surviving spouse or unmarried dependent child is 23
receiving such benefits, and upon request of the board of 24 HCS SS SB 75 16
trustees shall give opinions in writing or orally in 25
response to such requests as may be required. Beginning 26
October 1, 1999, for such services as may be required, a 27
surviving spouse shall receive additional mon thly 28
compensation equal to the amount which when added to the 29
benefits the surviving spouse was receiving pursuant to this 30
section prior to October 1, 1999, determined without regard 31
to any increase applied to such benefits prior to October 1, 32
1999, pursuant to subdivision (8) of this section, will 33
increase the surviving spouse's total monthly payment 34
pursuant to this section to forty percent of the deceased 35
member's average final compensation, and there shall be 36
payable an additional monthly compe nsation of one hundred 37
dollars or five percent of the member's average final 38
compensation, whichever is greater, for each unmarried 39
dependent child of the member. The additional monthly 40
compensation payable to a surviving spouse pursuant to this 41
subdivision shall be adjusted for any cost -of-living 42
increases that apply to the benefit the surviving spouse was 43
receiving prior to October 1, 1999; 44
(3) If no surviving spouse benefits are payable 45
pursuant to subdivisions (1) and (2) of this section, such 46
total pension as would have been paid pursuant to 47
subdivisions (1) and (2) of this section had there been a 48
surviving spouse, determined without regard to any increase 49
which would have applied to the surviving spouse's benefits 50
pursuant to subdivision (8) of this section, shall be 51
divided among the unmarried dependent children under age 52
eighteen and unmarried dependent children, regardless of 53
age, who are totally and permanently mentally or physically 54
disabled and incapacitated from engaging in a gainful 55
occupation sufficient to support themselves. The benefit 56 HCS SS SB 75 17
shall be divided equally among the eligible dependent 57
children, and the share of a child who is no longer eligible 58
shall be divided equally among the remaining eligible 59
dependent children; provided that not more than one -half of 60
the surviving spouse's benefits shall be paid for one child; 61
(4) No benefits pursuant to this section shall be paid 62
to a child over eighteen years of age who is totally and 63
permanently disabled if s uch child is a patient or resident 64
of a public-supported institution, nor shall such benefits 65
be paid unless such disability occurred prior to such child 66
reaching the age of eighteen; 67
(5) Whenever any dependent child designated by the 68
board of trustees to receive benefits pursuant to this 69
section is in the care of the surviving spouse of the 70
deceased member, such benefits may be paid to such surviving 71
spouse for the child; 72
(6) In the event of the death of a retired member 73
receiving accidental disability benefits before such 74
benefits have been paid for five years, the member's 75
surviving spouse until the surviving spouse dies [or 76
remarries, whichever is earlier ], shall receive an 77
additional pension of ten percent of the deceased member' s 78
final average compensation; 79
(7) Any benefit payable to, or for the benefit of, a 80
child or children under the age of eighteen years pursuant 81
to subdivisions (1) to (3) of this section shall continue to 82
be paid beyond the age of eighteen years th rough the age of 83
twenty-two years if the child is a full -time student at a 84
regularly accredited college, business school, nursing 85
school, school for technical or vocational training, or 86
university, but such extended benefit shall cease whenever 87
the child ceases to be a student. A college or university 88 HCS SS SB 75 18
shall be deemed to be regularly accredited which maintains 89
membership in good standing in a national or regional 90
accrediting agency recognized by any state college or 91
university; 92
(8) The benefits payable pursuant to this section to 93
the surviving spouse of a retired member who received or was 94
entitled to receive a service retirement allowance shall be 95
increased in the same percentages and pursuant to the same 96
method as is provided in section 86.253 for adjustments in 97
the service retirement allowance of a retired member ; 98
(9) In the event a surviving spouse receiving death 99
benefits as a result of a prior marriage to a deceased 100
member subsequently remarries another member who also 101
predeceases the surviving spouse, the surviving spouse shall 102
receive a single death benefit pension, which, upon 103
application to the board of trustees, shall be computed 104
under subdivision (1) of this section using the highest of 105
the average final compensatio ns of the deceased members to 106
which the surviving spouse was previously married; 107
(10) Beginning on August 28, 2023, any surviving 108
spouse that had, prior to August 28, 2023, become ineligible 109
for benefits under subdivisions (1), (2), and (6) of thi s 110
section as a result of remarrying shall, upon application to 111
the board of trustees, have reinstated all future benefits 112
under subdivisions (1), (2), and (6) of this section. Any 113
such reinstatement shall be as to future benefits only and 114
shall not be retroactive prior to August 28, 2023 . 115
86.287. Upon the receipt by the board of trustees of 1
evidence and proof that the death of a member was the 2
natural and proximate result of an accident occurring at 3
some definite time and place while the member was in the 4
actual performance of duty and not caused by negligence on 5 HCS SS SB 75 19
the part of the member, there shall be paid in lieu of the 6
benefits pursuant to sections 86.280 to 86.283: 7
(1) Effective October 1, 1999, a pension to the 8
surviving spouse until the surviving spouse dies [or 9
remarries, whichever is earlier ], of seventy-five percent of 10
the deceased member's average final compensation plus 11
fifteen percent of such compensation to, or for the benefit 12
of, each unmarried dependent child of the deceased member, 13
who is either under the age of eighteen, or who, regardless 14
of age, is totally and permanently disabled and 15
incapacitated from engaging in a gainful occupation 16
sufficient to support himself or herself; 17
(2) Any surviving spouse or unmarried dependent child 18
receiving benefits pursuant to this section immediately 19
prior to October 1, 1999, shall upon application to the 20
board of trustees be made, constituted, appointed and 21
employed by the board of trustees as a specia l consultant on 22
the problems of retirement, aging and other matters while 23
the surviving spouse or unmarried dependent child is 24
receiving such benefits, and upon request of the board of 25
trustees shall give opinions in writing or orally in 26
response to such requests as may be required. Beginning 27
October 1, 1999, for such services as may be required, a 28
surviving spouse shall receive additional monthly 29
compensation equal to the amount which when added to the 30
benefits the surviving spouse was receiving pursuant to this 31
section prior to October 1, 1999, will increase the 32
surviving spouse's total monthly benefit payment pursuant to 33
this section to seventy -five percent of the deceased 34
member's average final compensation, and there shall be 35
payable an additional monthly compensation of one hundred 36
dollars or five percent of the member's average final 37 HCS SS SB 75 20
compensation, whichever is greater, for each unmarried 38
dependent child of the member; 39
(3) If no surviving spouse benefits are payable 40
pursuant to subdivisions (1) and (2) of this section, such 41
total pension as would have been paid pursuant to 42
subdivisions (1) and (2) of this section had there been a 43
surviving spouse shall be divided among the unmarried 44
dependent children under age eighteen and s uch unmarried 45
dependent children, regardless of age, who are totally and 46
permanently disabled and incapacitated from engaging in a 47
gainful occupation sufficient to support themselves. The 48
benefit shall be divided equally among the eligible 49
dependent children, and the share of a child who is no 50
longer eligible shall be divided equally among the remaining 51
eligible dependent children; provided that not more than one - 52
half of the surviving spouse's benefit shall be paid for one 53
child; 54
(4) If there is no surviving spouse or unmarried 55
dependent children of either class mentioned in subdivision 56
(3) of this section, then an amount equal to the surviving 57
spouse's benefit shall be paid to the member's dependent 58
father or dependent mother to continue until remarriage or 59
death; 60
(5) No benefits pursuant to this section shall be paid 61
to a child over eighteen years of age who is totally and 62
permanently disabled if such child is a patient or resident 63
of a public-supported institution, nor shall s uch benefits 64
be paid unless such disability occurred prior to such child 65
reaching the age of eighteen; 66
(6) Wherever any dependent child designated by the 67
board of trustees to receive benefits pursuant to this 68
section is in the care of the survivi ng spouse of the 69 HCS SS SB 75 21
deceased member, such benefits may be paid to such surviving 70
spouse for the child; 71
(7) Any benefit payable to, or for the benefit of, a 72
child or children under the age of eighteen years pursuant 73
to subdivisions (1) to (3) of this section shall continue to 74
be paid beyond the age of eighteen years through the age of 75
twenty-two years in those cases where the child is a full - 76
time student at a regularly accredited college, business 77
school, nursing school, school for technical or vo cational 78
training, or university, but such extended benefit shall 79
cease whenever the child ceases to be a student. A college 80
or university shall be deemed to be regularly accredited 81
which maintains membership in good standing in a national or 82
regional accrediting agency recognized by any state college 83
or university; 84
(8) In the event a surviving spouse receiving death 85
benefits as a result of a prior marriage to a deceased 86
member subsequently remarries another member who also 87
predeceases the surviving spouse, the surviving spouse shall 88
receive a single death benefit pension, which, upon 89
application to the board of trustees, shall be computed 90
under subdivision (1) of this section using the highest of 91
the average final compensations of the de ceased members to 92
which the surviving spouse was previously married; 93
(9) Beginning on August 28, 2023, any surviving spouse 94
that had, prior to August 28, 2023, become ineligible for 95
benefits under subdivisions (1) and (2) of this section as a 96
result of remarrying shall, upon application to the board of 97
trustees, have reinstated all future benefits under 98
subdivisions (1) and (2) of this section. Any such 99
reinstatement shall be as to future benefits only and shall 100
not be retroactive prior to Au gust 28, 2023. 101 HCS SS SB 75 22
104.010. 1. The following words and phrases as used 1
in sections 104.010 to 104.800, unless a different meaning 2
is plainly required by the context, shall mean: 3
(1) "Accumulated contributions", the sum of all 4
deductions for retirement benefit purposes from a member's 5
compensation which shall be credited to the member's 6
individual account and interest allowed thereon; 7
(2) "Active armed warfare", any declared war, or the 8
Korean or Vietnamese Conflict; 9
(3) "Actuarial equivalent", a benefit which, when 10
computed upon the basis of specified actuarial assumptions 11
approved by the board, is equal in value to a certain amount 12
or other benefit; 13
(4) "Actuarial tables", the actuarial tables approved 14
and in use by a board at any given time; 15
(5) "Actuary", the actuary who is a member of the 16
American Academy of Actuaries or who is an enrolled actuary 17
under the Employee Retirement Income Security Act of 1974 18
and who is employed by a board at any give n time; 19
(6) "Annuity", annual payments, made in equal monthly 20
installments, to a retired member from funds provided for 21
in, or authorized by, this chapter; 22
(7) "Annuity starting date", the first day of the 23
first month with respect to which a n amount is paid as an 24
annuity under sections 104.010 to 104.800, and the terms 25
retirement, time of retirement, and date of retirement shall 26
mean annuity starting date as defined in this subdivision 27
unless the context in which the term is used indicate s 28
otherwise; 29
(8) "Average compensation", the average compensation 30
of a member for the thirty -six consecutive months of service 31
prior to retirement when the member's compensation was 32 HCS SS SB 75 23
greatest; or if the member is on workers' compensation leave 33
of absence or a medical leave of absence due to an employee 34
illness, the amount of compensation the member would have 35
received may be used, as reported and verified by the 36
employing department; or if the member had less than thirty - 37
six months of service, the average annual compensation paid 38
to the member during the period up to thirty -six months for 39
which the member received creditable service when the 40
member's compensation was the greatest; or if the member is 41
on military leave, the amount of compens ation the member 42
would have received may be used as reported and verified by 43
the employing department or, if such amount is not 44
determinable, the amount of the employee's average rate of 45
compensation during the twelve -month period immediately 46
preceding such period of leave, or if shorter, the period of 47
employment immediately preceding such period of leave. The 48
board of each system may promulgate rules for purposes of 49
calculating average compensation and other retirement 50
provisions to accommodate f or any state payroll system in 51
which compensation is received on a monthly, semimonthly, 52
biweekly, or other basis; 53
(9) "Beneficiary", any persons or entities entitled to 54
or nominated by a member or retiree who may be legally 55
entitled to receive b enefits pursuant to this chapter; 56
(10) "Biennial assembly", the completion of no less 57
than two years of creditable service or creditable prior 58
service by a member of the general assembly; 59
(11) "Board of trustees", "board", or "trustees", a 60
board of trustees as established for the applicable system 61
pursuant to this chapter; 62
(12) "Chapter", sections 104.010 to 104.800; 63
(13) "Compensation": 64 HCS SS SB 75 24
(a) All salary and wages payable out of any state, 65
federal, trust, or other funds to a n employee for personal 66
services performed for a department; but including only 67
amounts for which contributions have been made in accordance 68
with section 104.436, or section 104.070, whichever is 69
applicable, and excluding any nonrecurring single sum 70
payments or amounts paid after the member's termination of 71
employment unless such amounts paid after such termination 72
are a final installment of salary or wages at the same rate 73
as in effect immediately prior to termination of employment 74
in accordance with a state payroll system adopted on or 75
after January 1, 2000, or any other one -time payments made 76
as a result of such payroll system; 77
(b) All salary and wages which would have been payable 78
out of any state, federal, trust or other funds to an 79
employee on workers' compensation leave of absence during 80
the period the employee is receiving a weekly workers' 81
compensation benefit, as reported and verified by the 82
employing department; 83
(c) Effective December 31, 1995, compensation in 84
excess of the limitations set forth in Internal Revenue Code 85
Section 401(a)(17) shall be disregarded. The limitation on 86
compensation for eligible employees shall not be less than 87
the amount which was allowed to be taken into account under 88
the system as in effe ct on July 1, 1993. For this purpose, 89
an "eligible employee" is an individual who was a member of 90
the system before the first plan year beginning after 91
December 31, 1995; 92
(d) The board by its rules may further define 93
"compensation" in a manner c onsistent with this definition; 94
(14) "Consumer price index", the Consumer Price Index 95
for All Urban Consumers for the United States, or its 96 HCS SS SB 75 25
successor index, as approved by a board, as such index is 97
defined and officially reported by the United Sta tes 98
Department of Labor, or its successor agency; 99
(15) "Creditable prior service", the service of an 100
employee which was either rendered prior to the 101
establishment of a system, or prior to the date the employee 102
last became a member of a system, an d which is recognized in 103
determining the member's eligibility and for the amount of 104
the member's benefits under a system; 105
(16) "Creditable service", the sum of membership 106
service and creditable prior service, to the extent such 107
service is standing to a member's credit as provided in this 108
chapter; except that in no case shall more than one day of 109
creditable service or creditable prior service be credited 110
any member for any one calendar day of eligible service 111
credit as provided by law; 112
(17) "Deferred normal annuity", the annuity payable to 113
any former employee who terminated employment as an employee 114
or otherwise withdrew from service with a vested right to a 115
normal annuity, payable at a future date; 116
(18) "Department", any departme nt or agency of the 117
executive, legislative or judicial branch of the state of 118
Missouri receiving state appropriations, including allocated 119
funds from the federal government but not including any body 120
corporate or politic unless its employees are eligib le for 121
retirement coverage from a system pursuant to this chapter 122
as otherwise provided by law; 123
(19) "Disability benefits", benefits paid to any 124
employee while totally disabled as provided in this chapter; 125
(20) "Early retirement age", a memb er's attainment of 126
fifty-five years of age and the completion of ten or more 127 HCS SS SB 75 26
years of creditable service, except for uniformed members of 128
the water patrol; 129
(21) "Employee": 130
(a) Effective August 28, 2007, any elective or 131
appointive officer o r person employed by the state who is 132
employed, promoted or transferred by a department into a new 133
or existing position and earns a salary or wage in a 134
position normally requiring the performance by the person of 135
duties during not less than one thousan d forty hours per 136
year, including each member of the general assembly but not 137
including any patient or inmate of any state, charitable, 138
penal or correctional institution. However, persons who are 139
members of the public school retirement system and who are 140
employed by a state agency other than an institution of 141
higher learning shall be deemed employees for purposes of 142
participating in all insurance programs administered by a 143
board established pursuant to section 104.450. This 144
definition shall not e xclude any employee as defined in this 145
subdivision who is covered only under the federal Old Age 146
and Survivors' Insurance Act, as amended. As used in this 147
chapter, the term "employee" shall include: 148
a. Persons who are currently receiving annuitie s or 149
other retirement benefits from some other retirement or 150
benefit fund, so long as they are not simultaneously 151
accumulating creditable service in another retirement or 152
benefit system which will be used to determine eligibility 153
for or the amount of a future retirement benefit; 154
b. Persons who have elected to become or who have been 155
made members of a system pursuant to section 104.342; 156
(b) Any person who is not a retiree and has performed 157
services in the employ of the general assembly or either 158
house thereof, or any employee of any member of the general 159 HCS SS SB 75 27
assembly while acting in the person's official capacity as a 160
member, and whose position does not normally require the 161
person to perform duties during at least one thousand forty 162
hours per year, with a month of service being any monthly 163
pay period in which the employee was paid for full -time 164
employment for that monthly period; except that persons 165
described in this paragraph shall not include any such 166
persons who are employed on or af ter August 28, 2007, and 167
who have not previously been employed in such positions; 168
(c) "Employee" does not include special consultants 169
employed pursuant to section 104.610; 170
(d) The system shall consider a person who is employed 171
in multiple positions simultaneously within a single agency 172
to be working in a single position for purposes of 173
determining whether the person is an employee as defined in 174
this subdivision; 175
(22) "Employer", a department of the state; 176
(23) "Executive director", the executive director 177
employed by a board established pursuant to the provisions 178
of this chapter; 179
(24) "Fiscal year", the period beginning July first in 180
any year and ending June thirtieth the following year; 181
(25) "Full biennial assembl y", the period of time 182
beginning on the first day the general assembly convenes for 183
a first regular session until the last day of the following 184
year; 185
(26) "Fund", the benefit fund of a system established 186
pursuant to this chapter; 187
(27) "Interest", interest at such rate as shall be 188
determined and prescribed from time to time by a board; 189
(28) "Member", as used in sections 104.010 to 104.272 190
or 104.601 to 104.800 shall mean an employee, retiree, or 191 HCS SS SB 75 28
former employee entitled to a deferred annuity covered by 192
the Missouri department of transportation and highway patrol 193
employees' retirement system. "Member", as used in this 194
section and sections 104.312 to 104.800, shall mean an 195
employee, retiree, or former employee entitled to deferred 196
annuity covered by the Missouri state employees' retirement 197
system; 198
(29) "Membership service", the service after becoming 199
a member that is recognized in determining a member's 200
eligibility for and the amount of a member's benefits under 201
a system; 202
(30) "Military service", all active service performed 203
in the United States Army, Air Force, Navy, Marine Corps, 204
Coast Guard, and members of the United States Public Health 205
Service or any women's auxiliary thereof; and service in the 206
Army National Guard and Air National Guard when engaged in 207
active duty for training, inactive duty training or full - 208
time National Guard duty, and service by any other category 209
of persons designated by the President in time of war or 210
emergency; 211
(31) "Normal annuity", the annuity provided to a 212
member upon retirement at or after the member's normal 213
retirement age; 214
(32) "Normal retirement age", an employee's attainment 215
of sixty-five years of age and the completion of four years 216
of creditable service or the attainment of age sixty -five 217
years of age and the completion of five years of creditable 218
service by a member who has terminated employment and is 219
entitled to a deferred normal annuity or the member's 220
attainment of age sixty and the completion of fi fteen years 221
of creditable service, except that normal retirement age for 222
uniformed members of the highway patrol shall be fifty -five 223 HCS SS SB 75 29
years of age and the completion of four years of creditable 224
service and uniformed employees of the water patrol shall b e 225
fifty-five years of age and the completion of four years of 226
creditable service or the attainment of age fifty -five and 227
the completion of five years of creditable service by a 228
member of the water patrol who has terminated employment and 229
is entitled to a deferred normal annuity and members of the 230
general assembly shall be fifty -five years of age and the 231
completion of three full biennial assemblies. 232
Notwithstanding any other provision of law to the contrary, 233
a member of the Missouri department of t ransportation and 234
highway patrol employees' retirement system or a member of 235
the Missouri state employees' retirement system shall be 236
entitled to retire with a normal annuity and shall be 237
entitled to elect any of the survivor benefit options and 238
shall also be entitled to any other provisions of this 239
chapter that relate to retirement with a normal annuity if 240
the sum of the member's age and creditable service equals 241
eighty years or more and if the member is at least forty - 242
eight years of age; 243
(33) "Payroll deduction", deductions made from an 244
employee's compensation; 245
(34) "Prior service credit", the service of an 246
employee rendered prior to the date the employee became a 247
member which service is recognized in determining the 248
member's eligibility for benefits from a system but not in 249
determining the amount of the member's benefit; 250
(35) "Reduced annuity", an actuarial equivalent of a 251
normal annuity; 252
(36) "Retiree", a member who is not an employee and 253
who is receiving an annuity from a system pursuant to this 254
chapter; 255 HCS SS SB 75 30
(37) "System" or "retirement system", the Missouri 256
department of transportation and highway patrol employees' 257
retirement system, as created by sections 104.010 to 258
104.270, or sections 104.601 to 104.800, o r the Missouri 259
state employees' retirement system as created by sections 260
104.320 to 104.800; 261
(38) "Uniformed members of the highway patrol", the 262
superintendent, lieutenant colonel, majors, captains, 263
director of radio, lieutenants, sergeants, corp orals, and 264
patrolmen of the Missouri state highway patrol who normally 265
appear in uniform; 266
(39) "Uniformed members of the water patrol", 267
employees of the Missouri state water patrol of the 268
department of public safety who are classified as water 269
patrol officers who have taken the oath of office prescribed 270
by the provisions of chapter 306 and who have those peace 271
officer powers given by the provisions of chapter 306; 272
(40) "Vesting service", the sum of a member's prior 273
service credit and cre ditable service which is recognized in 274
determining the member's eligibility for benefits under the 275
system. 276
2. Benefits paid pursuant to the provisions of this 277
chapter shall not exceed the limitations of Internal Revenue 278
Code Section 415, the prov isions of which are hereby 279
incorporated by reference. Notwithstanding any other law to 280
the contrary, the board of trustees may establish a benefit 281
plan under Section 415(m) of the Internal Revenue Code of 282
1986, as amended. Such plan shall be created solely for the 283
purposes described in Section 415(m)(3)(A) of the Internal 284
Revenue Code of 1986, as amended. The board of trustees may 285
promulgate regulations necessary to implement the provisions 286 HCS SS SB 75 31
of this subsection and to create and administer such ben efit 287
plan. 288
104.020. There is hereby created the "Missouri 1
Department of Transportation and Highway Patrol Employees' 2
Retirement System", which shall be a body corporate and an 3
instrumentality of the state. In such system shall be 4
vested the powers and duties specified in sections 104.010 5
to [104.270] 104.312 and such other powers as may be 6
necessary or proper to enable it, its officers, employees, 7
and agents to carry out fully and effectively all the 8
purposes of sections 104.01 0 to [104.270] 104.312. 9
104.035. 1. Any member whose employment terminated 1
prior to August 13, 1976, and who had served twenty years or 2
more as an employee shall be entitled to a deferred normal 3
annuity based on his creditable servi ce, average 4
compensation, and the act in effect at the time his 5
employment was terminated. 6
2. Any member whose employment terminates on or after 7
August 13, 1976, and prior to June 1, 1981, and who had 8
served fifteen or more years' creditable serv ice as an 9
employee or had served ten or more years of creditable 10
service as an employee and was at least thirty -five years of 11
age at the date of termination of employment shall be 12
entitled to a deferred normal annuity based on his 13
creditable service, average compensation, and the act in 14
effect at the time his employment was terminated. 15
3. Any member whose employment terminates on or after 16
June 1, 1981, and who has ten or more years of creditable 17
service at the date of termination of employment shall be 18
entitled to a deferred normal annuity based on the member's 19
creditable service, average compensation and the act in 20
effect at the time the member's employment is terminated. 21 HCS SS SB 75 32
4. Any member entitled to a deferred normal annuity as 22
provided in subsection 1, 2, 3 or 5 of this section who 23
reenters the service of a department and again becomes a 24
member of the system [and thereafter serves for one 25
continuous year] shall have his prior period of service 26
restored, so that benefits determined by reason of his 27
retirement or subsequent withdrawal from service will 28
include the sum of all periods of creditable service, and 29
his annuity shall be based on his creditable service, 30
average compensation, and the act in effect at the time of 31
his retirement or subsequent withdrawal from service. 32
5. Notwithstanding any other law to the contrary, any 33
member of the transportation department and highway patrol 34
retirement system whose employment terminated on or after 35
September 28, 1992, who has fiv e or more years of vesting 36
service as an employee at the date of termination of 37
employment shall be entitled to a deferred normal annuity 38
based on the member's creditable service, average 39
compensation, and the act in effect at the time the member's 40
employment was terminated. 41
104.090. 1. The normal annuity of a member shall 1
equal one and six-tenths percent of the average compensation 2
of the member multiplied by the number of years of 3
creditable service of such member. In addition, the normal 4
annuity of a uniformed member of the patrol shall be 5
increased by thirty-three and one-third percent. 6
2. In addition, a uniformed member of the highway 7
patrol who is retiring with a normal annuity after attaining 8
normal retirement age shall receive an additional sum of 9
ninety dollars per month as a contribution by the system 10
until such member attains the age of sixty -five years, when 11
such contribution shall cease. To qualify for the 12 HCS SS SB 75 33
contribution provided in this subsection by th e system, the 13
retired uniformed member of the highway patrol is made, 14
constituted, appointed and employed by the board as a 15
special consultant on the problems of retirement, aging and 16
other state matters. Such additional contribution shall be 17
reduced each month by such amount earned by the retired 18
uniformed member of the highway patrol in gainful 19
employment. In order to qualify for the additional 20
contribution provided in this subsection, the retired 21
uniformed member of the highway patrol shall ha ve been: 22
(1) Hired by the Missouri state highway patrol prior 23
to January 1, 1995; and 24
(2) Employed by the Missouri state highway patrol or 25
receiving long-term disability or work -related disability 26
benefits on the day before the effective dat e of the 27
member's retirement. 28
3. In lieu of the annuity payable to the member 29
pursuant to section 104.100, a member whose age at 30
retirement is forty-eight or more may elect in the member's 31
application for retirement to receive one of the followin g: 32
Option 1. 33
An actuarial reduction approved by the board of 34
the member's annuity in reduced monthly payments 35
for life during retirement with the provision 36
that upon the member's death the reduced annuity 37
at date of death shall be continued throughout 38
the life of, and be paid to, the member's 39
spouse; or 40
Option 2. 41
The member's normal annuity in regular monthly 42
payments for life during retirement with the 43
provision that upon the member's death a 44 HCS SS SB 75 34
survivor's benefit equal to one -half the 45
member's normal annuity at date of death shall 46
be paid to the member's spouse in regular 47
monthly payments for life; or 48
Option 3. 49
An actuarial reduction approved by the board of 50
the member's normal annuity in reduced monthly 51
payments for the member's life with the 52
provision that if the member dies prior to the 53
member's having received one hundred twenty 54
monthly payments of the member's reduced 55
annuity, the member's reduced allowance to which 56
the member would have been entitled had the 57
member lived shall be paid for the remainder of 58
the one hundred twenty -month period to such 59
beneficiary as the member shall have nominated 60
by written designation duly executed and filed 61
with the board. If there is no beneficiary 62
surviving the retiree, the reserve for such 63
allowance for the remainder of such one hundred 64
twenty-month period shall be paid to the 65
retiree's estate; or 66
Option 4. 67
An actuarial reduction approved by the board of 68
the member's normal annuity in reduced monthly 69
payments for the member's life with the 70
provision that if the member dies prior to the 71
member having received sixty monthly payments of 72
the member's reduced annuity, the member's 73
reduced allowance to which the member would have 74
been entitled had the member lived shall be paid 75
for the remainder of the sixty-month period to 76 HCS SS SB 75 35
such beneficiary as the member shall have 77
nominated by written designation duly executed 78
and filed with the board. If there is no 79
beneficiary surviving the retiree, the reserve 80
for such allowance for the remainder o f such 81
sixty-month period shall be paid to the 82
retiree's estate. 83
4. The election may be made only in the application 84
for retirement, and such application shall be filed at least 85
thirty days but not more than ninety days prior to the date 86
on which the retirement of the member is to be effective, 87
provided that if either the member or the spouse nominated 88
to receive the survivorship payment dies before the 89
effective date of retirement, the election shall not be 90
effective. If after the reduced a nnuity commences, the 91
spouse predeceases the retired member, the reduced annuity 92
continues to the retired member during the member's lifetime. 93
5. Effective July 1, 2000, a member may make an 94
election under option 1 or 2 after the date retirement 95
benefits are initiated if the member makes the election 96
within one year from the date of marriage or July 1, 2000, 97
whichever is later, under any of the following circumstances: 98
(1) The member elected to receive a normal annuity and 99
was not eligible to elect option 1 or 2 on the date 100
retirement benefits were initiated; or 101
(2) The member's annuity reverted to a normal annuity 102
pursuant to subsection 7 of this section or subsection [7 103
or] 8 of section 104.103 and the member remarried; or 104
(3) The member elected option 1 or 2 but the member's 105
spouse at the time of retirement has died and the member has 106
remarried. 107 HCS SS SB 75 36
6. Any person who terminates employment or retires 108
prior to July 1, 2000, shall be made, constituted, appointed 109
and employed by the board as a special consultant on the 110
problems of retirement, aging and other state matters, and 111
for such services shall be eligible to elect to receive the 112
benefits described in subsection 5 of this section. 113
7. For retirement applicat ions filed on or after 114
August 28, 2004, the beneficiary for either option 1 or 115
option 2 of subsection 3 of this section shall be the 116
member's spouse at the time of retirement. If the member's 117
marriage ends after retirement as a result of a dissolution 118
of marriage, such dissolution shall not affect the option 119
election and the former spouse shall continue to be eligible 120
to receive survivor benefits upon death of the member, 121
except a member may cancel his or her election if: 122
(1) The dissolution of marriage of the member and 123
former spouse occurred on or after January 1, 2021, and the 124
dissolution decree provides for sole retention by the member 125
of all rights in the annuity and provides that the former 126
spouse shall not be entitled to any survivo r benefits 127
pursuant to this chapter; or 128
(2) The dissolution of marriage of the member and 129
former spouse occurred prior to January 1, 2021, and: 130
(a) The dissolution decree provided for the sole 131
retention by the member of all rights in the ann uity 132
pursuant to this chapter, and the parties obtained an 133
amended or modified dissolution decree after January 1, 134
2021, providing for immediate removal of the former spouse 135
as the beneficiary entitled to survivor benefits to the 136
satisfaction of the s ystem; or 137
(b) The dissolution decree does not provide for the 138
sole retention by the member of all rights in the annuity 139 HCS SS SB 75 37
and the parties obtained an amended or modified dissolution 140
decree after January 1, 2021, which provides for the sole 141
retention by the member of all rights in the annuity and 142
provides that the former spouse shall not be entitled to any 143
survivor benefits pursuant to this chapter. 144
Upon meeting the requirements of subdivision (1) or (2) of 145
this subsection, the monthly benefit pay able for the 146
lifetime of the member shall be the actuarial equivalent of 147
the annuity payable pursuant to the provisions of option 1 148
or option 2 of subsection 3 of this section, as adjusted for 149
early retirement if applicable. In no event shall the 150
monthly benefit payable for the lifetime of the member be 151
greater than the amount that would have been payable to the 152
member under subsection 7 or 8 of section 104.103, whichever 153
is applicable, had the former spouse died on the date of the 154
dissolution of marriage. Any increase in the annuity amount 155
pursuant to this subsection shall be prospective and 156
effective the first of the month following the date of 157
receipt by the system of a certified copy of the dissolution 158
decree that meets the requirements of this subsection. 159
8. Any application for retirement shall only become 160
effective on the first day of the month. 161
104.160. The board of trustees shall consist of three 1
members of the state highways and transportation commission 2
elected by the members of the commission. The 3
superintendent of the highway patrol and the director of the 4
department of transportation shall serve as members by 5
virtue of their respective offices, and their successors 6
shall succeed them as members of t he board of trustees. In 7
addition, one member of the senate appointed by the 8
president pro tem of the senate and one member of the house 9 HCS SS SB 75 38
of representatives, appointed by the speaker of the house 10
shall serve as members of the board of trustees. In 11
addition to the appointed legislators, two active employee 12
members of the system shall be elected by a plurality vote 13
of the active employee members of the system, herein 14
designated for four-year terms to commence July 1, 1982, and 15
every four years there after. One elected member shall be 16
elected from the active employees of the department of 17
transportation and one elected member shall be elected from 18
the active employees of the civilian or uniformed highway 19
patrol. The terms of the active employee r epresentatives 20
serving on the board on August 28, 2026, shall continue 21
until June 30, 2028. All terms of elected active employee 22
representatives shall be for four years after June 30, 23
2028. In addition to the two active employee members, two 24
retirees of the system shall be elected to serve on the 25
board by a plurality vote of the retirees of the system. 26
One retiree shall be elected by the retired employees of the 27
transportation department and one retiree shall be elected 28
by the retired employees of the civilian or uniformed 29
highway patrol. The retiree serving on the board on August 30
28, 2007, shall continue to serve on the board as the 31
representative of the retired employees of the 32
transportation department until June 30, 2010. An election 33
shall be held prior to January 1, 2008, for the retiree to 34
be elected by the retired employees of the civilian or 35
uniformed highway patrol with said term to commence on 36
January 1, 2008, and expire on June 30, 2010. All terms of 37
elected retired employee s shall be for four years after June 38
30, 2010. The board shall determine the procedures for 39
nomination and election of the elective board members. 40
Nominations may be entered by any member of the system, 41 HCS SS SB 75 39
provided members of the system have a reasonabl e opportunity 42
to vote. 43
104.170. 1. The board shall elect [by secret ballot] 1
one member as chair and one member as vice chair at the 2
first board meeting of each year. The chair may not serve 3
more than two consecutive terms beginnin g after August 13, 4
1988. The chair shall preside over meetings of the board 5
and perform such other duties as may be required by action 6
of the board. The vice chair shall perform the duties of 7
the chair in the absence of the latter or upon the chair's 8
inability or refusal to act. 9
2. The board shall appoint a full -time executive 10
director, who shall not be compensated for any other duties 11
under the state highways and transportation commission. The 12
executive director shall have charge of the of fices and 13
records and shall hire such employees that the executive 14
director deems necessary subject to the direction of the 15
board. The executive director and all other employees of 16
the system shall be members of the system and the board 17
shall make contributions to provide the insurance benefits 18
available pursuant to section 104.270 on the same basis as 19
provided for other state employees pursuant to the 20
provisions of section 104.515, and also shall make 21
contributions to provide the retirement benef its on the same 22
basis as provided for other employees pursuant to the 23
provisions of sections 104.090 to 104.260. The executive 24
director is authorized to execute all documents including 25
contracts necessary to carry out any and all actions of the 26
board. 27
3. Any summons or other writ issued by the courts of 28
the state shall be served upon the executive director or, in 29
the executive director's absence, on the assistant director. 30 HCS SS SB 75 40
104.200. Should any error in any records result in any 1
[member's] member or [beneficiary's] beneficiary receiving 2
more or less than he or she would have been entitled to 3
receive had the records been correct, the board shall 4
correct such error, and, as far as practicable, make future 5
payments in such a manner that the actuarial equivalent of 6
the benefit to which such member or beneficiary was entitled 7
shall be paid, and to this end may recover any 8
overpayments. In all cases in which such error has been 9
made, no such error shall be corrected unless the system 10
discovers or is notified of such error within ten years 11
after the [initial] member's annuity starting date or date 12
of error, whichever occurs later. In cases of fraud, any 13
error discovered shall be corrected without concern for the 14
amount of time that has passed . 15
104.312. 1. The provisions of subsection 2 of section 1
104.250, subsection 2 of section 104.540, subsection 2 of 2
section 287.820, and section 476.688 to the contrary 3
notwithstanding, any pension, annuity, ben efit, right, or 4
retirement allowance provided pursuant to this chapter, 5
chapter 287, or chapter 476 is marital property and after 6
August 28, 1994, a court of competent jurisdiction may 7
divide the pension, annuity, benefits, rights, and 8
retirement allowance provided pursuant to this chapter, 9
chapter 287, or chapter 476 between the parties to any 10
action for dissolution of marriage. A division of benefits 11
order issued pursuant to this section: 12
(1) Shall not require the applicable retirement syst em 13
to provide any form or type of annuity or retirement plan 14
not selected by the member and not normally made available 15
by that system; 16 HCS SS SB 75 41
(2) Shall not require the applicable retirement system 17
to commence payments until the member submits a valid 18
application for an annuity and the annuity becomes payable 19
in accordance with the application; 20
(3) Shall identify the monthly amount to be paid to 21
the alternate payee, which shall be expressed as a 22
percentage and which shall not exceed fifty perce nt of the 23
amount of the member's annuity accrued during all or part of 24
the time while the member and alternate payee were married 25
excluding service accrued under 104.601 ; and which shall be 26
based on the member's vested annuity on the date of the 27
dissolution of marriage or an earlier date as specified in 28
the order, which amount shall be adjusted proportionately if 29
the member's annuity is reduced due to early retirement or 30
the member's annuity is reduced pursuant to section 104.395 31
under an annuity option in which the member named the 32
alternate payee as beneficiary prior to the dissolution of 33
marriage or pursuant to section 104.090 under an annuity 34
option in which the member on or after August 28, 2007, 35
named the alternative payee as beneficiary p rior to the 36
dissolution of marriage, and the percentage established 37
shall be applied to the pro rata portion of any lump sum 38
distribution pursuant to subsection 6 of section 104.335, 39
accrued during the time while the member and alternate payee 40
were married; 41
(4) Shall not require the payment of an annuity amount 42
to the member and alternate payee which in total exceeds the 43
amount which the member would have received without regard 44
to the order; 45
(5) Shall provide that any benefit formula in creases, 46
additional years of service, increased average compensation 47
or other type of increases accrued after the date of the 48 HCS SS SB 75 42
dissolution of marriage shall accrue solely to the benefit 49
of the member; except that on or after September 1, 2001, 50
any annual benefit increase paid after the member's annuity 51
starting date shall not be considered to be an increase 52
accrued after the date of termination of marriage and shall 53
be part of the monthly amount subject to division pursuant 54
to any order issued after September 1, 2001; 55
(6) Shall terminate upon the death of either the 56
member or the alternate payee, whichever occurs first; 57
(7) Shall not create an interest which is assignable 58
or subject to any legal process; 59
(8) Shall include the name , address, and date of birth 60
of both the member and the alternate payee, and the identity 61
of the retirement system to which it applies; 62
(9) Shall be consistent with any other division of 63
benefits orders which are applicable to the same member; 64
(10) Shall not require the applicable retirement 65
system to continue payments to the alternate payee if the 66
member's retirement benefit is suspended or waived as 67
provided by this chapter but such payments shall resume when 68
the retiree begins to recei ve retirement benefits in the 69
future. 70
2. A system established by this chapter shall provide 71
the court having jurisdiction of a dissolution of marriage 72
proceeding or the parties to the proceeding with information 73
necessary to issue a division of b enefits order concerning a 74
member of the system, upon written request from either the 75
court, the member or the member's spouse, which cites this 76
section and identifies the case number and parties. 77
3. A system established by this chapter shall have the 78
discretionary authority to reject a division of benefits 79
order for the following reasons: 80 HCS SS SB 75 43
(1) The order does not clearly state the rights of the 81
member and the alternate payee; 82
(2) The order is inconsistent with any law governing 83
the retirement system. 84
4. The amount paid to an alternate payee under an 85
order issued pursuant to this section shall be based on the 86
plan the member was in on the date of the dissolution of 87
marriage; except that any annual benefit increases subject 88
to division shall be based on the actual annual benefit 89
increases received after the retirement plan election. 90
5. Any annuity payable under section 104.625 that is 91
subject to a division of benefit order under this section 92
shall be calculated as foll ows: 93
(1) In instances of divorce after retirement, any 94
service or compensation of a member between the retroactive 95
starting date and the annuity starting date shall not be 96
considered creditable service or compensation; and 97
(2) The lump-sum payment described in subdivision (3) 98
of section 104.625 shall not be subject to any division of 99
benefit order. 100
104.380. 1. If a retired member is elected to any 1
state office or is appointed to any state office or is 2
employed by a department in a position normally requiring 3
the performance by the person of duties during not less than 4
one thousand forty hours per year, the member shall not 5
receive an annuity for any month or part of a month for 6
which the member serves as an officer or employee[, but] 7
except, notwithstanding the provisions of section 105.684 to 8
the contrary, those retired members serving as a member of 9
the general assembly under section 104.370 or an elected 10
state official under section 104.371. 11 HCS SS SB 75 44
2. Upon reemployment under subsection 1 of this 12
section, the member shall be considered to be a new employee 13
with no previous creditable service and must accrue 14
creditable service continuously for at least one year in 15
order to receive any additional annuity. Any retired member 16
who again becomes an employee and who accrues additional 17
creditable service and later retires shall receive an 18
additional amount of monthly annuity calculated to include 19
only the creditable service and the average compensation 20
earned by the member since such employment or creditable 21
service earned as a member of the general assembly. Years 22
of membership service and twelfths of a year are to be used 23
in calculating any additional annuity except for creditable 24
service earned as a memb er of the general assembly, and such 25
additional annuity shall be based on the type of service 26
accrued. In either event, the original annuity and the 27
additional annuity, if any, shall be paid commencing with 28
the end of the first month after the month d uring which the 29
member's term of office has been completed, or the member's 30
employment terminated. If a retired member is employed by a 31
department in a position that does not normally require the 32
person to perform duties during at least one thousand f orty 33
hours per year, the member shall not be considered an 34
employee as defined pursuant to section 104.010. A retired 35
member who becomes reemployed as an employee on or after 36
August 28, 2001, in a position covered by the Missouri 37
department of transp ortation and highway patrol employees' 38
retirement system shall not be eligible to receive 39
retirement benefits or additional creditable service from 40
the state employees' retirement system. Annual benefit 41
increases paid under section 104.415 shall not a ccrue while 42
a retired member is employed as described in this section 43 HCS SS SB 75 45
except, notwithstanding the provisions of section 105.684 to 44
the contrary, those retired members serving as a member of 45
the general assembly under section 104.370 or an elected 46
state official under section 104.371 . Any future annual 47
benefit increases paid after the member terminates such 48
employment will be paid in the same month as the member's 49
original annual benefit increases were paid. Benefits paid 50
under subsection 3 of sec tion 104.374 are not applicable to 51
any additional annuity paid under this section. 52
104.410. 1. Any uniformed member of the water patrol 1
who shall be affirmatively found by the board to be wholly 2
and permanently incapable of holding any position of gainful 3
employment as a result of injuries or illness incurred in 4
the performance of the member's duties shall be entitled to 5
receive disability benefits in an amount equal to one -half 6
of the compensation that the employee was receiving at the 7
time of the occurrence of the injury entitling the employee 8
to such disability benefits. Any disability benefit payable 9
pursuant to this subsection shall be decreased by any amount 10
paid to such uniformed member of the water patrol by reason 11
of the workers' compensation laws of this state. After 12
termination of payment under workers' compensation, however, 13
any such reduction and disability benefits shall be restored. 14
2. The board of trustees may require a medical 15
examination of any uni formed member of the water patrol who 16
is receiving disability benefits pursuant to this section at 17
any time by a designated physician, and disability benefits 18
shall be discontinued if the board finds that such member is 19
able to perform the duties of th e member's former position, 20
or if such member refuses to submit to such an examination. 21
3. The disability benefits described in this section 22
shall not be paid to any uniformed member of the water 23 HCS SS SB 75 46
patrol who has retained or regained more than fifty percent 24
of the member's earning capacity. If any uniformed member 25
of the water patrol who has been receiving disability 26
benefits again becomes an employee, the member's disability 27
benefits shall be discontinued, the member's prior period of 28
creditable service shall be restored, and any subsequent 29
determination of benefits due the member or the member's 30
survivors shall be based on the sum of the member's 31
creditable service accrued to the date the member's 32
disability benefits commenced and the peri od of creditable 33
service after the member's return to employment. 34
4. Any uniformed member of the water patrol receiving 35
benefits pursuant to the provisions of this section for five 36
or more years immediately prior to attainment of age fifty - 37
five shall be considered a normal retirant at age fifty - 38
five, and may elect, within thirty days preceding the 39
attainment of age fifty -five, option 1 of section 104.395, 40
but only for the member's spouse who was the member's spouse 41
for two or more years prior to the member's attainment of 42
age fifty-five. 43
5. Any member who is receiving disability benefits as 44
of December 31, 1985, or any member who is disabled on 45
December 31, 1985, and would have been entitled to receive 46
disability benefits pursuant to this section as the 47
provisions of this section existed immediately prior to 48
September 28, 1985, shall be eligible to receive or shall 49
continue to receive benefits in accordance with such prior 50
provisions of this section until the member again becomes a n 51
employee; however, all employees of the department of 52
conservation who are disabled shall receive benefits 53
pursuant only to this section or section 104.518, whichever 54
is applicable, and shall not be eligible for benefits under 55 HCS SS SB 75 47
any other plan or prog ram purchased or provided after 56
September 28, 1985. 57
6. Any member who qualifies for disability benefits 58
pursuant to subsection 1 of this section or pursuant to the 59
provisions of section 104.518, or under a long -term 60
disability program provided by the member's employing 61
department as a consequence of employment by the department, 62
shall continue to accrue creditable service based on the 63
member's rate of pay immediately prior to the date the 64
member became disabled in accordance with sections 104. 370, 65
104.371, 104.374 and 104.615, until the date the member's 66
retirement benefit goes into pay status, the disability 67
benefits cease being paid to the member, or the member is no 68
longer disabled, whichever comes first. Persons covered by 69
the provisions of sections 476.515 to 476.565 or sections 70
287.812 to 287.855, who qualify for disability benefits 71
pursuant to the provisions of section 104.518, at the date 72
the person becomes disabled, shall continue to accrue 73
creditable service based on the pers on's rate of pay 74
immediately prior to the date the person becomes disabled 75
until the date the person's retirement benefit goes into pay 76
status, the disability benefits cease being paid to the 77
person or the person is no longer disabled, whichever comes 78
first. Members or persons continuing to accrue creditable 79
service pursuant to this subsection shall be entitled to 80
continue their life insurance coverage subject to the 81
provisions of the life insurance plan administered by the 82
board pursuant to secti on 104.517. The rate of pay for 83
purposes of calculating retirement benefits for a member or 84
person described in this subsection who becomes disabled and 85
retires on or after August 28, 1999, shall be the member's 86
or person's regular monthly compensatio n received at the 87 HCS SS SB 75 48
time of disablement, increased thereafter for any increases 88
in the consumer price index. Such increases in the member's 89
monthly pay shall be made annually beginning twelve months 90
after disablement and shall be equal to eighty percent of 91
the increase in the consumer price index during the calendar 92
year prior to the adjustment, but not more than five percent 93
of the member's monthly pay immediately before the 94
increase. Such accruals shall continue until the earliest 95
of: receipt of an early retirement annuity, attainment of 96
normal retirement eligibility or termination of disability 97
benefits. 98
7. A member or person who continues to be disabled as 99
provided in subsection 6 of this section until the member's 100
normal retirement age shall be eligible to retire on the 101
first day of the month next following the member's or 102
person's final payment pursuant to section 104.518 or, if 103
applicable, subsection 1 of this section. A member or 104
person who retires pursuant to this subsection shall receive 105
the greater of the normal annuity or the minimum annuity, if 106
applicable, determined pursuant to sections 104.370, 107
104.371, 104.374 and 104.615, and section 287.820, and 108
section 476.530 as if the member or person had continued in 109
the active employ of the employer until the member's or 110
person's retirement benefit goes into pay status, the 111
disability benefits cease being paid to the member or 112
person, or the member or person is no longer disabled, 113
whichever comes first and the member's or person's 114
compensation for such period had been the member's or 115
person's rate of pay immediately preceding the date the 116
member or person became disabled. 117
8. If a member who has been disabled becomes an 118
employee again and if the member was disable d during the 119 HCS SS SB 75 49
entire period of the member's absence, then the member shall 120
resume active participation as of the date of reemployment. 121
Such a member shall receive creditable service for the 122
entire period the member was disabled as provided in 123
subsection 6 of this section. 124
9. If a member ceases to be disabled and if the member 125
does not return to work as provided in subsection 8 of this 126
section, the member's rights to further benefits shall be 127
determined in accordance with sections 104.335, 104. 380, 128
104.400, 104.420 and 104.615 as though the member had 129
withdrawn from service as of the date the member ceased to 130
be disabled, as determined by the system. 131
10. Members of the general assembly who are accruing 132
service under subsection 6 of thi s section shall continue to 133
accrue service until the earliest of attainment of normal 134
retirement age eligibility, termination of disability 135
benefits, or the end of the member's constitutionally 136
mandated limit on service as a member of the general 137
assembly for the chamber in which the member was serving at 138
the time of disablement. 139
11. Statewide elected officials who are accruing 140
service under subsection 6 of this section shall continue to 141
accrue service until the earliest of attainment of norma l 142
retirement age eligibility, termination of disability 143
benefits, or the end of the statewide elected official's 144
constitutionally mandated limit on service as a statewide 145
elected official for the office in which the statewide 146
elected official was serv ing at the time of disablement. 147
104.436. 1. The board intends to follow a financing 1
pattern which computes and requires contribution amounts 2
which, expressed as percents of active member payroll, will 3
remain approximately level from year to year and from one 4 HCS SS SB 75 50
generation of citizens to the next generation. Such 5
contribution determinations require regular actuarial 6
valuations, which shall be made by the board's actuary, 7
using assumptions and methods adopted by the board after 8
consulting with its actuary. The entry age normal cost 9
valuation method shall be used in determining the normal 10
cost[, and contributions for unfunded accrued liabilities 11
shall be determined using level percent -of-payroll 12
amortization] calculation. 13
2. At least ninety days before each regular session of 14
the general assembly, the board shall certify to the 15
division of budget the contribution rate necessary to cover 16
the liabilities of the plan administered by the system, 17
including costs of administra tion, expected to accrue during 18
the next appropriation period. The commissioner of 19
administration shall request appropriation of the amount 20
calculated pursuant to the provisions of this subsection. 21
Following each pay period, the commissioner of 22
administration shall requisition and certify the payment to 23
the executive director of the Missouri state employees' 24
retirement system. The executive director shall promptly 25
deposit the amounts certified to the credit of the Missouri 26
state employees' retir ement fund. 27
3. The employers of members of the system who are not 28
paid out of funds that have been deposited in the state 29
treasury shall remit promptly to the executive director an 30
amount equal to the amount which the state would have paid 31
if those members had been paid entirely from state funds. 32
The executive director shall promptly deposit the amounts 33
certified to the credit of the Missouri state employees' 34
retirement system fund. 35 HCS SS SB 75 51
4. These amounts are funds of the system, and shall 36
not be commingled with any funds in the state treasury. 37
104.490. 1. Should any error result in any member or 1
beneficiary receiving more or less than he or she would have 2
been entitled to receive had the error not occurred, the 3
board shall correct such error, and, as far as practicable, 4
make future payments in such a manner that the actuarial 5
equivalent of the benefit to which such member or 6
beneficiary was entitled shall be paid, and to this end may 7
recover any overpayments. In all cases in which such error 8
has been made, no such error shall be corrected unless the 9
system discovers or is notified of such error within ten 10
years after the [initial] member's annuity starting date or 11
date of error, whichever occurs later. In cases of fraud, 12
any error discovered shall be corrected without concern to 13
the amount of time that has passed . 14
2. A person who knowingly makes a false statement, or 15
falsifies or permits to be falsified a record of the system, 16
in an attempt to defraud the system is subject to fine or 17
imprisonment pursuant to the Missouri revised statutes. 18
3. The board of trustees of the Missouri state 19
employees' retirement system shall cease paying benefits to 20
any survivor or beneficiary who is charged with the 21
intentional killing of a member without legal excuse or 22
justification. A survivor or beneficiary who is convicted 23
of such charge shall no longer be entitled to receive 24
benefits. If the survivor or beneficiary is not convicted 25
of such charge, the bo ard shall resume payment of benefits 26
and shall pay the survivor or beneficiary any benefits that 27
were suspended pending resolution of such charge. 28
104.515. 1. Separate accounts for medical, life 1
insurance and disability benefits pro vided pursuant to 2 HCS SS SB 75 52
sections 104.517 and 104.518 shall be established as part of 3
the fund. The funds, property and return on investments of 4
the separate account shall not be commingled with any other 5
funds, property and investment return of the system. All 6
benefits and premiums are paid solely from the separate 7
account for medical, life insurance and disability benefits 8
provided pursuant to this section. 9
2. The state shall contribute an amount as 10
appropriated by law and approved by the governo r per month 11
for medical benefits, life insurance and long -term 12
disability benefits as provided pursuant to this section and 13
sections 104.517 and 104.518. Such amounts shall include 14
the cost of providing life insurance benefits for each 15
active employee who is a member of the Missouri state 16
employees' retirement system, a member of the public school 17
retirement system and who is employed by a state agency 18
other than an institution of higher learning, a member of 19
the retirement system established by s ections 287.812 to 20
287.855, the judicial retirement system, each legislator and 21
official holding an elective state office, members not on 22
payroll status who are receiving workers' compensation 23
benefits, and if the state highways and transportation 24
commission so elects, those employees who are members of the 25
state transportation department employees' and highway 26
patrol retirement system; if the state highways and 27
transportation commission so elects to join the plan, the 28
state shall contribute an amo unt as appropriated by law for 29
medical benefits for those employees who are members of the 30
transportation department employees' and highway patrol 31
retirement system; an additional amount equal to the amount 32
required, based on competitive bidding or det ermined 33
actuarially, to fund the retired members' death benefit or 34 HCS SS SB 75 53
life insurance benefit, or both, provided in subsection 4 of 35
this section and the disability benefits provided in section 36
104.518. This amount shall be reported as a separate item 37
in the monthly certification of required contributions which 38
the commissioner of administration submits to the state 39
treasurer and shall be deposited to the separate account for 40
medical, life insurance and disability benefits. All 41
contributions made on b ehalf of members of the state 42
transportation department employees' and highway patrol 43
retirement system shall be made from highway funds. If the 44
highways and transportation commission so elects, the 45
spouses and unemancipated children under twenty -three years 46
of age of employees who are members of the state 47
transportation department employees' and highway patrol 48
retirement system shall be able to participate in the 49
program of insurance benefits to cover medical expenses 50
pursuant to the provisions o f subsection 3 of this section. 51
3. The board shall determine the premium amounts 52
required for participating employees. The premium amounts 53
shall be the amount, which, together with the state's 54
contribution, is required to fund the benefits provid ed, 55
taking into account necessary actuarial reserves. Separate 56
premiums shall be established for employees' benefits and a 57
separate premium or schedule of premiums shall be 58
established for benefits for spouses and unemancipated 59
children under twenty -three years of age of participating 60
employees. The employee's premiums for spouse and children 61
benefits shall be established to cover that portion of the 62
cost of such benefits which is not paid for by contributions 63
by the state. All such premium amou nts shall be paid to the 64
board of trustees at the time that each employee's wages or 65
salary would normally be paid. The premium amounts so 66 HCS SS SB 75 54
remitted will be placed in the separate account for medical, 67
life insurance and disability benefits. In lieu of the 68
availability of premium deductions, the board may establish 69
alternative methods for the collection of premium amounts. 70
4. Each special consultant eligible for life benefits 71
employed by a board of trustees of a retirement system as 72
provided in section 104.610 who is a member of the Missouri 73
state life insurance plan or Missouri state transportation 74
department and Missouri state highway patrol life insurance 75
plan shall, in addition to duties prescribed in section 76
104.610 or any other law, a nd upon request of the board of 77
trustees, give the board, orally or in writing, a short 78
detailed statement on life insurance and death benefit 79
problems affecting retirees. As compensation for the extra 80
duty imposed by this subsection, any special cons ultant as 81
defined above, other than a special consultant entitled to a 82
deferred normal annuity pursuant to section 104.035 or 83
104.335, who retires on or after September 28, 1985, shall 84
receive as a part of compensation for these extra duties, a 85
death benefit of five thousand dollars, and any special 86
consultant who terminates employment on or after August 28, 87
1999, after reaching normal or early retirement age and 88
becomes a retiree within [sixty] sixty-five days of such 89
termination shall receive fiv e thousand dollars of life 90
insurance coverage. In addition, each special consultant 91
who is a member of the transportation department employees' 92
and highway patrol retirement system medical insurance plan 93
shall also provide the board, upon request of t he board, 94
orally or in writing, a short detailed statement on 95
physical, medical and health problems affecting retirees. 96
As compensation for this extra duty, each special consultant 97
as defined above shall receive, in addition to all other 98 HCS SS SB 75 55
compensation provided by law, nine dollars, or an amount 99
equivalent to that provided to other special consultants 100
pursuant to the provisions of section 103.115. In addition, 101
any special consultant as defined in section 287.820 or 102
section 476.601 who terminates em ployment and immediately 103
retires on or after August 28, 1995, shall receive as a part 104
of compensation for these duties, a death benefit of five 105
thousand dollars and any special consultant who terminates 106
employment on or after August 28, 1999, after rea ching the 107
age of eligibility to receive retirement benefits and 108
becomes a retiree within [sixty] sixty-five days of such 109
termination shall receive five thousand dollars of life 110
insurance coverage. 111
5. Any former employee who is receiving disabilit y 112
income benefits from the Missouri state employees' 113
retirement system or the transportation department 114
employees' and highway patrol retirement system shall, upon 115
application with the board of trustees of the Missouri 116
consolidated health care plan or the transportation 117
department employees and highway patrol medical plan, be 118
made, constituted, appointed and employed by the respective 119
board as a special consultant on the problems of the health 120
of disability income recipients and, upon request of th e 121
board of trustees of each medical plan, give the board, 122
orally or in writing, a short detailed statement of 123
physical, medical and health problems affecting disability 124
income recipients. As compensation for the extra duty 125
imposed by this subsection, each such special consultant as 126
defined in this subsection may receive, in addition to all 127
other compensation provided by law, an amount contributed 128
toward medical benefits coverage provided by the Missouri 129
consolidated health care plan or the transpo rtation 130 HCS SS SB 75 56
employees and highway patrol medical plan pursuant to 131
appropriations. 132
104.625. Effective July 1, 2002, any member retiring 1
pursuant to the provisions of sections 104.010 to 104.801, 2
except an elected official or a member of the general 3
assembly, who has not been paid retirement benefits and 4
continues employment for at least two years beyond normal 5
retirement age, may elect to receive an annuity and lump sum 6
payment or payments, determined as follows: 7
(1) A retroactive starting date shall be established 8
which shall be a date selected by the member; provided, 9
however, that the retroactive starting date selected by the 10
member shall not be a date which is earlier than the date 11
when a normal annuity would have first b een payable. In 12
addition, the retroactive starting date shall not be more 13
than five years prior to the annuity starting date, which 14
shall be the first day of the month with respect to which an 15
amount is paid as an annuity pursuant to this section. The 16
member's selection of a retroactive starting date shall be 17
done in twelve-month increments, except this restriction 18
shall not apply when the member selects the total available 19
time between the retroactive starting date and the annuity 20
starting date; 21
(2) The prospective annuity payable as of the annuity 22
starting date shall be determined pursuant to the provisions 23
otherwise applicable under the law, with the exception that 24
it shall be the amount which would have been payable had the 25
member actually retired on the retroactive starting date 26
under the retirement plan selected by the member. Other 27
than for the lump sum payment or payments specified in 28
subdivision (3) of this section, no other amount shall be 29 HCS SS SB 75 57
due for the period between the ret roactive starting date and 30
the annuity starting date; 31
(3) The lump sum payable shall be ninety percent of 32
the annuity amounts which would have been paid to the member 33
from the retroactive starting date to the annuity starting 34
date had the member actually retired on the retroactive 35
starting date and received a normal annuity. The member 36
shall [elect to] receive the lump sum amount [either] in its 37
entirety at the same time as the initial annuity payment is 38
made [or in three equal annual install ments with the first 39
payment made at the same time as the initial annuity 40
payment]; and 41
(4) [Any annuity payable pursuant to this section that 42
is subject to a division of benefit order pursuant to 43
section 104.312 shall be calculated as follows: 44
(a) Any service of a member between the retroactive 45
starting date and the annuity starting date shall not be 46
considered creditable service except for purposes of 47
calculating the division of benefit; and 48
(b) The lump sum payment described in s ubdivision (3) 49
of this section shall not be subject to any division of 50
benefit order; and 51
(5)] For purposes of determining annual benefit 52
increases payable as part of the lump sum and annuity 53
provided pursuant to this section, the retroactive sta rting 54
date shall be considered the member's date of retirement. 55
104.810. 1. Employees of the Missouri state water 1
patrol who are earning creditable service in the closed plan 2
of the Missouri state employees' retirement system and wh o 3
are transferred to the division of water patrol with the 4
Missouri state highway patrol shall elect within ninety days 5
of January 1, 2011, to either remain a member of the 6 HCS SS SB 75 58
Missouri state employees' retirement system or transfer 7
membership and credita ble service to the closed plan of the 8
Missouri department of transportation and highway patrol 9
employees' retirement system. The election shall be made in 10
writing after the employee has received a detailed analysis 11
comparing retirement, life insurance , disability benefits, 12
and medical benefits of a member of the Missouri state 13
employees' retirement system with the corresponding benefits 14
provided an employee of the highway patrol covered by the 15
closed plan of the Missouri department of transportatio n and 16
highway patrol employees' retirement system. In electing 17
plan membership the employee shall acknowledge and agree 18
that an election made under this subsection is irrevocable, 19
and constitutes a waiver to receive retirement, life 20
insurance, disability benefits, and medical benefits except 21
as provided by the system elected by the employee. 22
Furthermore, in connection with the election, the employee 23
shall be required to acknowledge that the benefits provided 24
by virtue of membership in either syst em, and any associated 25
costs to the employee, may be different now or in the future 26
as a result of the election and that the employee agrees to 27
hold both systems harmless with regard to benefit 28
differences resulting from the election. In the event an 29
employee terminates employment and later returns to the same 30
position, the employee shall be a member of the system in 31
which he or she was a member prior to termination. If the 32
employee returns to any other position, the employee shall 33
be a member of the system that currently covers that 34
position. 35
2. Employees of the Missouri state water patrol who 36
are earning credited service in the year 2000 plan of the 37
Missouri state employees' retirement system and who are 38 HCS SS SB 75 59
transferred to the division of water patrol with the 39
Missouri state highway patrol shall elect within ninety days 40
of January 1, 2011, to either remain a member of the 41
Missouri state employees' retirement system or transfer 42
membership and creditable service to the year 2000 plan of 43
the Missouri department of transportation and highway patrol 44
employees' retirement system. The election shall be made in 45
writing after the employee has received a detailed analysis 46
comparing retirement, life insurance, disability benefits, 47
and medical benefits of a member of the Missouri state 48
employees' retirement system with the corresponding benefits 49
provided an employee of the highway patrol covered by the 50
year 2000 plan of the Missouri department of transportation 51
and highway patrol employees' retirement system. In 52
electing plan membership the employee shall acknowledge and 53
agree that an election made under this subsection is 54
irrevocable, and constitutes a waiver to receive retirement, 55
life insurance, disability benefits, and medical benef its 56
except as provided by the system elected by the employee. 57
Furthermore, in connection with the election, the employee 58
shall be required to acknowledge that the benefits provided 59
by virtue of membership in either system, and any associated 60
costs to the employee, may be different now or in the future 61
as a result of the election and that the employee agrees to 62
hold both systems harmless with regard to benefit 63
differences resulting from the election. 64
3. The Missouri state employees' retirement system 65
shall pay to the Missouri department of transportation and 66
highway patrol employees' retirement system, by June 30, 67
2011, an amount actuarially determined to equal the 68
liability at the time of the transfer for any employee who 69
elects under subsection 1 or 2 of this section to transfer 70 HCS SS SB 75 60
to the Missouri department of transportation and highway 71
patrol employees' retirement system, to the extent that 72
liability is funded as of the most recent actuarial 73
valuation and based on the actuarial value o f assets not to 74
exceed one hundred percent. 75
4. In no event shall any employee receive service 76
credit for the same period of service under more than one 77
retirement system as a result of the provisions of this 78
section. 79
5. The only medical cov erage available for any 80
employee who elects under subsection 1 or 2 of this section 81
to transfer to the Missouri department of transportation and 82
highway patrol employees' retirement system shall be the 83
medical coverage provided in section 104.270. The effective 84
date for commencement of medical coverage shall be July 1, 85
2011. However, this does not preclude medical coverage for 86
the transferred employee as a dependent under any other 87
health care plan. 88
6. Any employee who elects under subsectio n 1 or 2 of 89
this section to transfer to the Missouri department of 90
transportation and highway patrol employees' retirement 91
system and who is also thereafter a uniformed member of the 92
highway patrol shall be subject to the mandatory retirement 93
age stated in section 104.081. 94
104.1003. 1. Unless a different meaning is plainly 1
required by the context, the following words and phrases as 2
used in sections 104.1003 to 104.1093 shall mean: 3
(1) "Act", the year 2000 plan created by se ctions 4
104.1003 to 104.1093; 5
(2) "Actuary", an actuary who is experienced in 6
retirement plan financing and who is either a member of the 7 HCS SS SB 75 61
American Academy of Actuaries or an enrolled actuary under 8
the Employee Retirement Income Security Act of 197 4; 9
(3) "Annuity", annual benefit amounts, paid in equal 10
monthly installments, from funds provided for in, or 11
authorized by, sections 104.1003 to 104.1093; 12
(4) "Annuity starting date" means the first day of the 13
first month with respect to whi ch an amount is paid as an 14
annuity pursuant to sections 104.1003 to 104.1093; 15
(5) "Beneficiary", any persons or entities entitled to 16
receive an annuity or other benefit pursuant to sections 17
104.1003 to 104.1093 based upon the employment record of 18
another person; 19
(6) "Board of trustees", "board", or "trustees", a 20
governing body or bodies established for the year 2000 plan 21
pursuant to sections 104.1003 to 104.1093; 22
(7) "Closed plan", a benefit plan created pursuant to 23
this chapter and administered by a system prior to July 1, 24
2000. No person first employed on or after July 1, 2000, 25
shall become a member of the closed plan, but the closed 26
plan shall continue to function for the benefit of persons 27
covered by and remaining in the clo sed plan and their 28
beneficiaries; 29
(8) "Consumer price index", the Consumer Price Index 30
for All Urban Consumers for the United States, or its 31
successor index, as approved by the board, as such index is 32
defined and officially reported by the United States 33
Department of Labor, or its successor agency; 34
(9) "Credited service", the total credited service to 35
a member's credit as provided in sections 104.1003 to 36
104.1093; except that in no case shall more than one day of 37
credited service be cred ited to any member or vested former 38 HCS SS SB 75 62
member for any one calendar day of eligible credit as 39
provided by law; 40
(10) "Department", any department or agency of the 41
executive, legislative, or judicial branch of the state of 42
Missouri receiving state appr opriations, including allocated 43
funds from the federal government but not including any body 44
corporate or politic unless its employees are eligible for 45
retirement coverage from a system pursuant to this chapter 46
as otherwise provided by law; 47
(11) "Early retirement eligibility", a member's 48
attainment of fifty-seven years of age and the completion of 49
at least five years of credited service; 50
(12) "Effective date", July 1, 2000; 51
(13) "Employee" shall be any person who is employed by 52
a department and is paid a salary or wage by a department in 53
a position normally requiring the performance of duties of 54
not less than one thousand forty hours per year, provided: 55
(a) The term "employee" shall not include any patient 56
or inmate of any state, charitable, penal or correctional 57
institution, or any person who is employed by a department 58
in a position that is covered by a state -sponsored defined 59
benefit retirement plan not created by this chapter; 60
(b) The term "employee" shall be mod ified as provided 61
by other provisions of sections 104.1003 to 104.1093; 62
(c) The system shall consider a person who is employed 63
in multiple positions simultaneously within a single agency 64
to be working in a single position for purposes of 65
determining whether the person is an employee as defined in 66
this subdivision; 67
(d) [Beginning September 1, 2001, the term "year" as 68
used in this subdivision shall mean the twelve -month period 69
beginning on the first day of employment; 70 HCS SS SB 75 63
(e)] The term "employee" shall include any person as 71
defined under paragraph (b) of subdivision (21) of 72
subsection 1 of section 104.010 who is first employed on or 73
after July 1, 2000, but prior to August 28, 2007; 74
(14) "Employer", a department; 75
(15) "Executive director", the executive director 76
employed by a board established pursuant to the provisions 77
of sections 104.1003 to 104.1093; 78
(16) "Final average pay", the average pay of a member 79
for the thirty-six full consecutive months of service before 80
termination of employment when the member's pay was 81
greatest; or if the member was on workers' compensation 82
leave of absence or a medical leave of absence due to an 83
employee illness, the amount of pay the member would have 84
received but for such leave o f absence as reported and 85
verified by the employing department; or if the member was 86
employed for less than thirty -six months, the average 87
monthly pay of a member during the period for which the 88
member was employed. The board of each system may 89
promulgate rules for purposes of calculating final average 90
pay and other retirement provisions to accommodate for any 91
state payroll system in which pay is received on a monthly, 92
semimonthly, biweekly, or other basis; 93
(17) "Fund", a fund of the year 200 0 plan established 94
pursuant to sections 104.1003 to 104.1093; 95
(18) "Investment return", or "interest", rates as 96
shall be determined and prescribed from time to time by a 97
board; 98
(19) "Member", a person who is included in the 99
membership of the system, as set forth in section 104.1009; 100
(20) "Normal retirement eligibility", a member's 101
attainment of at least sixty -two years of age and the 102 HCS SS SB 75 64
completion of at least five or more years of credited 103
service or, the attainment of at least forty -eight years of 104
age with a total of years of age and years of credited 105
service which is at least eighty or, in the case of a member 106
of the highway patrol who shall be subject to the mandatory 107
retirement provisions of section [104.080] 104.081, the 108
mandatory retirement age and completion of five years of 109
credited service or, the attainment of at least forty -eight 110
years of age with a total of years of age and years of 111
credited service which is at least eighty; 112
(21) "Pay" shall include: 113
(a) All salary and wages payable to an employee for 114
personal services performed for a department; but excluding: 115
a. Any amounts paid after an employee's employment is 116
terminated, unless the payment is made as a final 117
installment of salary or wages at t he same rate as in effect 118
immediately prior to termination of employment in accordance 119
with a state payroll system adopted on or after January 1, 120
2000; 121
b. Any amounts paid upon termination of employment for 122
unused annual leave or unused sick leav e; 123
c. Pay in excess of the limitations set forth in 124
Section 401(a)(17) of the Internal Revenue Code of 1986 as 125
amended and other applicable federal laws or regulations; 126
d. Any nonrecurring single sum payments; and 127
e. Any amounts for which contributions have not been 128
made in accordance with section 104.1066; 129
(b) All salary and wages which would have been payable 130
to an employee on workers' compensation leave of absence 131
during the period the employee is receiving a weekly 132
workers' compensation benefit, as reported and verified by 133
the employing department; 134 HCS SS SB 75 65
(c) All salary and wages which would have been payable 135
to an employee on a medical leave due to employee illness, 136
as reported and verified by the employing department; 137
(d) For purposes of members of the general assembly, 138
pay shall be the annual salary provided to each senator and 139
representative pursuant to section 21.140, plus any salary 140
adjustment pursuant to section 21.140; 141
(e) The board by its rules may f urther define "pay" in 142
a manner consistent with this definition; 143
(22) "Retiree", a person receiving an annuity from the 144
year 2000 plan based upon the person's employment record; 145
(23) "State", the state of Missouri; 146
(24) "System" or "retirement system", the Missouri 147
state employees' retirement system or the Missouri 148
department of transportation and highway patrol employees' 149
retirement system, as the case may be; 150
(25) "Vested former member", a person entitled to 151
receive a deferred annuity pursuant to section 104.1036; 152
(26) "Year 2000 plan", the benefit plan created by 153
sections 104.1003 to 104.1093. 154
2. Benefits paid under the provisions of this chapter 155
shall not exceed the limitations of Internal Revenue Code 156
Section 415, the provisions of which are hereby incorporated 157
by reference. Notwithstanding any other law to the 158
contrary, the board of trustees may establish a benefit plan 159
under Section 415(m) of the Internal Revenue Code of 1986, 160
as amended. Such plan shall be created solely for the 161
purposes described in Section 415(m)(3)(A) of the Internal 162
Revenue Code of 1986, as amended. The board of trustees may 163
promulgate regulations necessary to implement the provisions 164
of this subsection and to create and admin ister such benefit 165
plan. 166 HCS SS SB 75 66
104.1018. 1. When a member is no longer employed in a 1
position covered by the system, membership in the system 2
shall thereupon cease. If a member has five or more years 3
of credited service upon such member 's termination of 4
membership, such member shall be a vested former member 5
entitled to a deferred annuity pursuant to section 104.1036 , 6
except as otherwise provided in subsection 7 of section 7
104.1024. If a member has fewer than five years of credited 8
service upon termination of membership, such former member's 9
credited service shall be forfeited, provided that if such 10
former member becomes reemployed in a position covered by 11
the system, such former member shall again become a member 12
of the system and the forfeited credited service shall be 13
restored after receiving creditable service continuously for 14
one year. 15
2. Upon a member becoming a retiree, membership shall 16
cease and, except as otherwise provided in section 104.1039, 17
the person shall not again become a member of the system. 18
3. If a vested former member becomes reemployed in a 19
position covered by the system before such vested former 20
member's annuity starting date, membership shall be restored 21
with the previous credited service and increased by such 22
reemployment. 23
104.1024. 1. Any member who terminates employment may 1
retire on or after attaining normal retirement eligibility 2
by making application in written form and manner approved by 3
the appropriate boar d. The written application shall set 4
forth the annuity starting date which shall not be earlier 5
than the first day of the second month following the month 6
of the execution and filing of the member's application for 7
retirement nor later than the first day of the fourth month 8
following the month of the execution and filing of the 9 HCS SS SB 75 67
member's application for retirement. The payment of the 10
annuity shall be made the last working day of each month, 11
providing all documentation required under section 104.102 7 12
for the calculation and payment of the benefits is received 13
by the board. 14
2. A member's annuity shall be paid in the form of a 15
life annuity, except as provided in section 104.1027, and 16
shall be an amount for life equal to one and seven -tenths 17
percent of the final average pay of the member multiplied by 18
the member's years of credited service. 19
3. The life annuity defined in subsection 2 of this 20
section shall not be less than a monthly amount equal to 21
fifteen dollars multiplied by the mem ber's full years of 22
credited service. 23
4. If as of the annuity starting date of a member who 24
has attained normal retirement eligibility the sum of the 25
member's years of age and years of credited service equals 26
eighty or more years and if the membe r's age is at least 27
forty-eight years but less than sixty -two years, or, in the 28
case of a member of the highway patrol who shall be subject 29
to the mandatory retirement provision of section [104.080] 30
104.081, the mandatory retirement age and completion of five 31
years of credited service, then in addition to the life 32
annuity described in subsection 2 of this section, the 33
member shall receive a temporary annuity equal to eight - 34
tenths of one percent of the member's final average pay 35
multiplied by the me mber's years of credited service. The 36
temporary annuity and any cost -of-living adjustments 37
attributable to the temporary annuity pursuant to section 38
104.1045 shall terminate at the end of the calendar month in 39
which the earlier of the following events occurs: the 40
member's death or the member's attainment of the earliest 41 HCS SS SB 75 68
age of eligibility for reduced Social Security retirement 42
benefits, but no later than age sixty -two. 43
5. The annuity described in subsection 2 of this 44
section for any person w ho has credited service not covered 45
by the federal Social Security Act, as provided in [sections 46
105.300 to 105.430] subdivision (1) of subsection 7 of 47
section 104.342, shall be calculated as follows: the life 48
annuity shall be an amount equal to two a nd five-tenths 49
percent of the final average pay of the member multiplied by 50
the number of years of service not covered by the federal 51
Social Security Act in addition to one and seven -tenths 52
percent of the final average pay of the member multiplied by 53
the member's years of credited service covered by the 54
federal Social Security Act. 55
6. Effective July 1, 2002, any member, except an 56
elected official or a member of the general assembly, who 57
has not been paid retirement benefits and continues 58
employment for at least two years beyond the date of normal 59
retirement eligibility, may elect to receive an annuity and 60
lump sum payment or payments, determined as follows: 61
(1) A retroactive starting date shall be established 62
which shall be a date sel ected by the member; provided, 63
however, that the retroactive starting date selected by the 64
member shall not be a date which is earlier than the date 65
when a normal annuity would have first been payable. In 66
addition, the retroactive starting date shall not be more 67
than five years prior to the annuity starting date. The 68
member's selection of a retroactive starting date shall be 69
done in twelve-month increments, except this restriction 70
shall not apply when the member selects the total available 71
time between the retroactive starting date and the annuity 72
starting date; 73 HCS SS SB 75 69
(2) The prospective annuity payable as of the annuity 74
starting date shall be determined pursuant to the provisions 75
of this section, with the exception that it shall be the 76
amount which would have been payable at the annuity starting 77
date had the member actually retired on the retroactive 78
starting date under the retirement plan selected by the 79
member. Other than for the lump sum payment or payments 80
specified in subdivision (3) of this subsection, no other 81
amount shall be due for the period between the retroactive 82
starting date and the annuity starting date; 83
(3) The lump sum payable shall be ninety percent of 84
the annuity amounts which would have been paid to the member 85
from the retroactive starting date to the annuity starting 86
date had the member actually retired on the retroactive 87
starting date and received a life annuity. The member shall 88
[elect to] receive the lump sum amount [either] in its 89
entirety at the same time as the initial annuity payment is 90
made [or in three equal annual installments with the first 91
payment made at the same time as the initial annuity 92
payment]; and 93
(4) [Any annuity payable pursuant to this section that 94
is subject to a division of benefit order pursuant to 95
section 104.1051 shall be calculated as follows: 96
(a) Any service of a member between the retroactive 97
starting date and the annuity starting date shall not be 98
considered credited service except for purposes of 99
calculating the division of benefit; and 100
(b) The lump sum payment described in subdivision (3) 101
of this section shall not be subject to any division of 102
benefit order; and 103
(5)] For purposes of determining annual benefit 104
increases payable as part of th e lump sum and annuity 105 HCS SS SB 75 70
provided pursuant to this section, the retroactive starting 106
date shall be considered the member's date of retirement. 107
7. Any vested former member who terminated employment 108
after attaining normal retirement eligibility shall be 109
considered a member for the purposes of this section. 110
104.1039. If a retiree is employed as an employee by a 1
department, the retiree shall not receive an annuity payment 2
for any calendar month in which the retiree is so employed 3
except, notwithstanding the provisions of section 105.684 to 4
the contrary, those retirees serving as a member of the 5
general assembly or as a statewide elected official under 6
section 104.1084. While reemployed the retiree shall be 7
considered to be a n ew employee with no previous credited 8
service and must accrue credited service continuously for at 9
least one year in order to receive any additional annuity. 10
Such retiree shall receive an additional annuity in addition 11
to the original annuity, calcula ted based only on the 12
credited service and the pay earned by such retiree during 13
reemployment and paid in accordance with the annuity option 14
originally elected; provided such retiree who ceases to 15
receive an annuity pursuant to this section shall not 16
receive such additional annuity if such retiree is employed 17
by a department in a position that is covered by a state - 18
sponsored defined benefit retirement plan not created 19
pursuant to this chapter. The original annuity and any 20
additional annuity shall be paid commencing as of the end of 21
the first month after the month during which the retiree's 22
reemployment terminates. Cost-of-living adjustments paid 23
under section 104.1045 shall not accrue while a retiree is 24
employed as described in this section except, 25
notwithstanding the provisions of section 105.684 to the 26
contrary, those retirees serving as a member of the general 27 HCS SS SB 75 71
assembly or as a statewide elected official under section 28
104.1084. Any future cost-of-living adjustments paid after 29
the retiree terminates such employment will be paid in the 30
same month as the retiree's original annual benefit 31
increases were paid. 32
104.1051. 1. Any annuity provided pursuant to the 1
year 2000 plan is marital property and a court of competent 2
jurisdiction may divide such annuity between the parties to 3
any action for dissolution of marriage if at the time of the 4
dissolution the member has at least five years of credited 5
service pursuant to sections 104.1003 to 104.1093. A 6
division of benefits order issued pursuant to this section: 7
(1) Shall not require the applicable retirement system 8
to provide any form or type of annuity or retirement plan 9
not selected by the member; 10
(2) Shall not require the applicable retirement system 11
to commence payments until the member's annuity starting 12
date; 13
(3) Shall identify the monthly amount to be paid to 14
the former spouse, which shall be expressed as a percentage 15
and which shall not exceed fifty percent of the amount of 16
the member's annuity accrued during all or part of the 17
period of the marriage of the member and former spouse 18
excluding service accrued under subsection 2 of section 19
104.1021; and which shall be based on the member's vested 20
annuity on the date of the dissolution of m arriage or an 21
earlier date as specified in the order, which amount shall 22
be adjusted proportionately upon the annuity starting date 23
if the member's annuity is reduced due to the receipt of an 24
early retirement annuity or the member's annuity is reduced 25
pursuant to section 104.1027 under an annuity option in 26 HCS SS SB 75 72
which the member named the alternate payee as beneficiary 27
prior to the dissolution of marriage; 28
(4) Shall not require the payment of an annuity amount 29
to the member and former spouse which i n total exceeds the 30
amount which the member would have received without regard 31
to the order; 32
(5) Shall provide that any annuity increases, 33
additional years of credited service, increased final 34
average pay, increased pay pursuant to subsections 2 and 5 35
of section 104.1084, or other type of increases accrued 36
after the date of the dissolution of marriage and any 37
temporary annuity received pursuant to subsection 4 of 38
section 104.1024 shall accrue solely to the benefit of the 39
member; except that o n or after September 1, 2001, any cost - 40
of-living adjustment (COLA) due after the annuity starting 41
date shall not be considered to be an increase accrued after 42
the date of termination of marriage and shall be part of the 43
monthly amount subject to divisi on pursuant to any order 44
issued after September 1, 2001; 45
(6) Shall terminate upon the death of either the 46
member or the former spouse, whichever occurs first; 47
(7) Shall not create an interest which is assignable 48
or subject to any legal proce ss; 49
(8) Shall include the name, address, and date of birth 50
of both the member and the former spouse, and the identity 51
of the retirement system to which it applies; 52
(9) Shall be consistent with any other division of 53
benefits orders which are applicable to the same member; 54
(10) Shall not require the applicable retirement 55
system to continue payments to the alternate payee if the 56
member's retirement benefit is suspended or waived as 57
provided by this chapter but such payments shall resume when 58 HCS SS SB 75 73
the retiree begins to receive retirement benefits in the 59
future. 60
2. A system shall provide the court having 61
jurisdiction of a dissolution of a marriage proceeding or 62
the parties to the proceeding with information necessary to 63
issue a division of benefits order concerning a member of 64
the system, upon written request from either the court, the 65
member, or the member's spouse, citing this section and 66
identifying the case number and parties. 67
3. A system shall have the discretionary auth ority to 68
reject a division of benefits order for the following 69
reasons: 70
(1) The order does not clearly state the rights of the 71
member and the former spouse; 72
(2) The order is inconsistent with any law governing 73
the retirement system. 74
4. Any member of the closed plan who elected the year 75
2000 plan pursuant to section 104.1015 and then becomes 76
divorced and subject to a division of benefits order shall 77
have the division of benefits order calculated pursuant to 78
the provisions of the yea r 2000 plan. 79
5. Any annuity payable under section 104.1024 that is 80
subject to a division of benefit order under this section 81
shall be calculated as follows: 82
(1) In instances of divorce after retirement, any 83
service or pay of a member between the retroactive starting 84
date and the annuity starting date shall not be considered 85
creditable service or pay; and 86
(2) The lump-sum payment described in subdivision (3) 87
of subsection 6 of section 104.1024 shall not be subject to 88
any division of benefit order. 89 HCS SS SB 75 74
104.1060. 1. Should any error result in any person 1
receiving more or less than the person would have been 2
entitled to receive had the error not occurred, the board 3
shall correct such error, and, as far as practicable, make 4
future payments in such a manner that the actuarial 5
equivalent of the annuity to which such person was entitled 6
shall be paid, and to this end may recover any 7
overpayments. In all cases in which such error has been 8
made, no such error shall be corrected unless the system 9
discovers or is notified of such error within ten years 10
after the [initial] member's annuity starting date or the 11
date of error, whichever occurs later. In cases of fraud, 12
any error discovered shall be corrected without con cern to 13
the amount of time that has passed . 14
2. A person who knowingly makes a false statement, or 15
falsifies or permits to be falsified a record of the system, 16
in an attempt to defraud the system shall be subject to fine 17
or imprisonment under the Missouri revised statutes. 18
3. A board shall not pay an annuity to any survivor or 19
beneficiary who is charged with the intentional killing of a 20
member, retiree or survivor without legal excuse or 21
justification. A survivor or beneficiary who is con victed 22
of such charge shall no longer be entitled to receive an 23
annuity. If the survivor or beneficiary is not convicted of 24
such charge, the board shall resume annuity payments and 25
shall pay the survivor or beneficiary any annuity payments 26
that were suspended pending resolution of such charge. 27
104.1066. 1. The year 2000 plan intends to follow a 1
financing pattern which computes and requires contribution 2
amounts which, expressed as percents of active member 3
payroll, will remain a pproximately level from year to year 4
and from one generation of citizens to the next generation. 5 HCS SS SB 75 75
Such contribution determinations require regular actuarial 6
valuations, which shall be made by the board's actuary, 7
using assumptions and methods adopted b y the board after 8
consulting with its actuary. The entry age-normal cost 9
valuation method shall be used in determining the normal 10
cost[, and contributions for unfunded accrued liabilities 11
shall be determined using level percent -of-payroll 12
amortization] calculation. For purposes of this subsection 13
and section 104.436, the actuary shall determine a single 14
contribution rate applicable to both closed plan and year 15
2000 plan participants and, in determining such rate, make 16
estimates of the probabiliti es of closed plan participants 17
transferring to the year 2000 plan. 18
2. At least ninety days before each regular session of 19
the general assembly, the board of the Missouri state 20
employees' retirement system shall certify to the division 21
of budget the contribution rate necessary to cover the 22
liabilities of the year 2000 plan administered by such 23
system, including costs of administration, expected to 24
accrue during the next appropriation period. The 25
commissioner of administration shall request app ropriations 26
based upon the contribution rate so certified. From 27
appropriations so made, the commissioner of administration 28
shall certify contribution amounts to the state treasurer 29
who in turn shall immediately pay the contributions to the 30
year 2000 plan. 31
3. The employers of members covered by the Missouri 32
state employees' retirement system who are not paid out of 33
funds that have been deposited in the state treasury shall 34
remit following each pay period to the year 2000 plan an 35
amount equal to the amount which the state would have paid 36
if those members had been paid entirely from state funds. 37 HCS SS SB 75 76
Such employers shall maintain payroll records for a minimum 38
of five years and shall produce all such records as 39
requested by the system. The system is authorized to 40
request from the state office of administration an 41
appropriation out of the annual budget of any such employer 42
in the event such records indicate that such employer has 43
not contributed the amounts required by this section. The 44
office of administration shall request such appropriation 45
which shall be equal to the amount necessary to replace any 46
shortfall in contributions as determined by the system. 47
From appropriations so made, the commissioner of 48
administration shall certify con tribution amounts to the 49
state treasurer who in turn shall immediately pay such 50
contributions to the year 2000 plan. 51
4. At least ninety days before each regular session of 52
the general assembly, the board of the transportation 53
department and highw ay patrol retirement system shall 54
certify to the department of transportation and the 55
department of public safety the contribution rate necessary 56
to cover the liabilities of the year 2000 plan administered 57
by such system, including costs of administrat ion, expected 58
to accrue during the next biennial or other appropriation 59
period. Each department shall include in its budget and in 60
its request for appropriations for personal service the sum 61
so certified to it by such board, and shall present the same 62
to the general assembly for allowance. The sums so 63
certified and appropriated, when available, shall be 64
immediately paid to the system and deposited in the highway 65
and transportation employees' and highway patrol retirement 66
and benefit fund. 67
5. These amounts are funds of the year 2000 plan and 68
shall not be commingled with any funds in the state treasury. 69 HCS SS SB 75 77
104.1072. 1. Each board shall provide or contract, or 1
both, for life insurance benefits for employees covered 2
pursuant to the year 2000 plan as follows: 3
(1) Employees shall be provided fifteen thousand 4
dollars of life insurance until December 31, 2000. 5
Effective January 1, 2001, the system shall provide or 6
contract or both for basic life insurance for employees 7
covered under any retirement plan administered by the system 8
pursuant to this chapter, persons covered by sections 9
287.812 to 287.856, for employees who are members of the 10
judicial retirement system as provided in section 476.590, 11
and, at the election of the state highways and 12
transportation commission, employees who are members of the 13
[highways and] Missouri department of transportation 14
[employees'] and highway patrol employees' retirement 15
system, in the amount equal to one times annual pay, subje ct 16
to a minimum amount of fifteen thousand dollars. The board 17
shall establish by rule or contract the method for 18
determining the annual rate of pay and any other terms of 19
such insurance as it deems necessary to implement the 20
requirements pursuant to this section. Annual rate of pay 21
shall not include overtime or any other irregular payments 22
as determined by the board. Such life insurance shall 23
provide for triple indemnity in the event the cause of death 24
is a proximate result of a personal injury or disease 25
arising out of and in the course of actual performance of 26
duty as an employee; 27
(2) Any member who terminates employment after 28
reaching normal or early retirement eligibility and becomes 29
a retiree within [sixty] sixty-five days of such termination 30
shall receive five thousand dollars of life insurance 31
coverage. 32 HCS SS SB 75 78
2. (1) In addition to the life insurance authorized 33
by the provisions of subsection 1 of this section, any 34
person for whom life insurance is provided or contracted for 35
pursuant to such subsection may purchase, at the person's 36
own expense and only if monthly voluntary payroll deductions 37
are authorized, additional life insurance at a cost to be 38
stipulated in a contract with a private insurance company or 39
as may be required by a system if the board of trustees 40
determines that the system should provide such insurance 41
itself. The maximum amount of additional life insurance 42
which may be so purchased prior to January 1, 2004, is that 43
amount which equals six times the am ount of the person's 44
annual rate of pay, subject to any maximum established by a 45
board, except that if such maximum amount is not evenly 46
divisible by one thousand dollars, then the maximum amount 47
of additional insurance which may be purchased is the ne xt 48
higher amount evenly divisible by one thousand dollars. The 49
maximum amount of additional life insurance which may be so 50
purchased on or after January 1, 2004, is an amount to be 51
stipulated in a contract with a private insurance company or 52
as may be required by the system if the board of trustees 53
determines that the system should provide the insurance 54
itself. 55
(2) Any person defined in subdivision (1) of this 56
subsection may retain an amount not to exceed sixty thousand 57
dollars of life insur ance following the date of his or her 58
retirement if such person becomes a retiree the month 59
following termination of employment and makes written 60
application for such life insurance at the same time such 61
person's application is made to the board for re tirement 62
benefits. Such life insurance shall only be provided if 63
such person pays the entire cost of the insurance, as 64 HCS SS SB 75 79
determined by the board, by allowing voluntary deductions 65
from the member's annuity. 66
(3) In addition to the life insurance aut horized in 67
subdivision (1) of this subsection, any person for whom life 68
insurance is provided or contracted for pursuant to this 69
subsection may purchase, at the person's own expense and 70
only if monthly voluntary payroll deductions are authorized, 71
life insurance covering the person's children or the 72
person's spouse or both at coverage amounts to be determined 73
by the board at a cost to be stipulated in a contract with a 74
private insurer or as may be required by the system if the 75
board of trustees dete rmines that the system should provide 76
such insurance itself. 77
(4) Effective July 1, 2000, any member who applies and 78
is eligible to receive an annuity based on the attainment of 79
at least forty-eight years of age with a total of years of 80
age and years of credited service which is at least eighty 81
shall be eligible to retain any optional life insurance 82
described in subdivision (1) of this subsection. The amount 83
of such retained insurance shall not be greater than the 84
amount in effect during the m onth prior to termination of 85
employment. Such insurance may be retained until the 86
member's attainment of the earliest age for eligibility for 87
reduced Social Security retirement benefits but no later 88
than age sixty-two, at which time the amount of such 89
insurance that may be retained shall be that amount 90
permitted pursuant to subdivision (2) of this subsection. 91
3. The state highways and transportation commission 92
may provide for insurance benefits to cover medical expenses 93
for members of the [highways and] Missouri department of 94
transportation [employees'] and highway patrol employees' 95
retirement system. The state highways and transportation 96 HCS SS SB 75 80
commission may provide medical benefits for dependents of 97
members and for retired members. Contributions by the state 98
highways and transportation commission to provide the 99
benefits shall be on the same basis as provided for other 100
state employees pursuant to the provisions of section 101
104.515. Except as otherwise provided by law, the cost of 102
benefits for dependents of members and for retirees and 103
their dependents shall be paid by the members or retirees. 104
The commission may contract with other persons or entities 105
including but not limited to third -party administrators, 106
health network providers and health maintenance 107
organizations for all, or any part of, the benefits provided 108
for in this section. The commission may require 109
reimbursement of any medical claims paid by the commission's 110
medical plan for which there was third -party liability. 111
4. The [highways and] Missouri department of 112
transportation [employees'] and highway patrol employees' 113
retirement system may request the state highways and 114
transportation commission to provide life insurance benefits 115
as required in subsections 1 and 2 of this section. If the 116
state highways and transportation commission agrees to the 117
request, the [highways and] Missouri department of 118
transportation [employees'] and highway patrol employees' 119
retirement system shall reimburse the state highways and 120
transportation commission for any and all costs for life 121
insurance provided pursuant to subdivision (2) of subsection 122
1 of this section. The person who is covered pursuant to 123
subsection 2 of this section shall be solely responsible for 124
the costs of any additional life insurance. In lieu of the 125
life insurance benefit in subdivision (2) of subsection 1 of 126
this section, the [highways and] Missouri department of 127
transportation [employees'] and highway patrol employees' 128 HCS SS SB 75 81
retirement system is authorized i n its sole discretion to 129
provide a death benefit of five thousand dollars. 130
5. To the extent that the board enters or has entered 131
into any contract with any insurer or service organization 132
to provide life insurance provided for pursuant to this 133
section: 134
(1) The obligation to provide such life insurance 135
shall be primarily that of the insurer or service 136
organization and secondarily that of the board; 137
(2) Any member who has been denied life insurance 138
benefits by the insurer or service o rganization and has 139
exhausted all appeal procedures provided by the insurer or 140
service organization may appeal such decision by filing a 141
petition against the insurer or service organization in a 142
court of law in the member's county of residence; and 143
(3) The board and the system shall not be liable for 144
life insurance benefits provided by an insurer or service 145
organization pursuant to this section and shall not be 146
subject to any cause of action with regard to life insurance 147
benefits or the denial of life insurance benefits by the 148
insurer or service organization unless the member has 149
obtained judgment against the insurer or service 150
organization for life insurance benefits and the insurer or 151
service organization is unable to satisfy that judgmen t. 152
104.1084. 1. For members of the general assembly, the 1
provisions of this section shall supplement or replace the 2
indicated other provisions of the year 2000 plan. "Normal 3
retirement eligibility" means attainment of age fifty -five 4
for a member who has served at least three full biennial 5
assemblies or the attainment of at least age fifty for a 6
member who has served at least three full biennial 7
assemblies with a total of years of age and years of 8 HCS SS SB 75 82
credited service which is at le ast eighty. A member shall 9
receive two years of credited service for every full 10
biennial assembly served. A full biennial assembly shall be 11
equal to the period of time beginning on the first day the 12
general assembly convenes for a first regular sessi on until 13
the last day of the following year. If a member serves less 14
than a full biennial assembly, the member shall receive 15
credited service for the pro rata portion of the full 16
biennial assembly served. 17
2. For the purposes of section 104.1024, the normal 18
retirement annuity of a member of the general assembly shall 19
be an amount for life equal to one twenty -fourth of the 20
monthly pay for a senator or representative on the annuity 21
starting date multiplied by the years of credited service as 22
a member of the general assembly. In no event shall any 23
such member or eligible beneficiary receive annuity amounts 24
in excess of one hundred percent of pay. 25
3. To be covered by the provisions of section 26
104.1030, or section 104.1036, a member of th e general 27
assembly must have served at least three full biennial 28
assemblies. 29
4. For members who are statewide elected officials, 30
the provisions of this section shall supplement or replace 31
the indicated other provisions of the year 2000 plan. 32
"Normal retirement eligibility" means attainment of age 33
fifty-five for a member who has served at least four years 34
as a statewide elected official, or the attainment of age 35
fifty with a total of years of age and years of such 36
credited service which is at least eighty. 37
5. For the purposes of section 104.1024, the normal 38
retirement annuity of a member who is a statewide elected 39
official shall be an amount for life equal to one twenty - 40 HCS SS SB 75 83
fourth of the monthly pay in the highest office held by such 41
member on the annuity starting date multiplied by the years 42
of credited service as a statewide elected official not to 43
exceed twelve years. 44
6. To be covered by the provisions of sections 45
104.1030 and 104.1036, a member who is a statewide elected 46
official must have at least four years as a statewide 47
elected official. 48
7. The provisions of section 104.1045 shall not apply 49
to persons covered by the general assembly and statewide 50
elected official provisions of this section. Persons 51
covered by the general assembly provisions and receiving a 52
year 2000 plan annuity shall be entitled to a cost -of-living 53
adjustment (COLA) when there are increases in pay for 54
members of the general assembly. Persons covered by the 55
statewide elected official provis ions and receiving a year 56
2000 plan annuity shall be entitled to COLAs when there are 57
increases in the pay for statewide elected officials in the 58
highest office held by such person. The COLA described in 59
this subsection shall be equal to and concurren t with the 60
percentage increase in pay as described in section 105.005. 61
No COLA shall be less than zero. 62
8. Any member who serves under this chapter as a 63
member of the general assembly or as a statewide elected 64
official on or after August 28, 199 9, shall not be eligible 65
to receive any retirement benefits from the system under 66
either the closed plan or the year 2000 plan based on 67
service rendered on or after August 28, 1999, as a member of 68
the general assembly or as a statewide elected official if 69
such member is convicted of a felony that is determined by a 70
court of law to have been committed in connection with the 71
member's duties either as a member of the general assembly 72 HCS SS SB 75 84
or as a statewide elected official, unless such conviction 73
is later reversed by a court of law. 74
9. A member of the general assembly who has purchased 75
or transferred creditable service shall not be subject to 76
the cap on benefits pursuant to subsection 2 of this section 77
for that portion of the benefit attributable t o the 78
purchased or transferred service. 79
10. For the purposes of section 104.1042, the service 80
credit accrued by a member of the general assembly while 81
receiving long-term disability benefits shall continue to 82
accrue until the earliest receipt of attainment of normal 83
retirement age eligibility, termination of disability 84
benefits, or the end of the member's constitutionally 85
mandated limit on service as a member of the general 86
assembly for the chamber in which the member was serving at 87
the time of disablement. 88
11. For the purposes of section 104.1042, the service 89
credit accrued by a statewide elected official while 90
receiving long-term disability benefits shall continue to 91
accrue until the earliest of attainment of normal retirement 92
age eligibility, termination of disability benefits, or the 93
end of the statewide elected official's constitutionally 94
mandated limit on service as a statewide elected official 95
for the office in which the statewide elected official was 96
serving at the time of disablement. 97
104.1091. 1. Notwithstanding any provision of the 1
year 2000 plan to the contrary, each person who first 2
becomes an employee on or after January 1, 2011, shall be a 3
member of the year 2000 plan subject to the provisions of 4
this section. 5
2. A member's normal retirement eligibility shall be 6
as follows: 7 HCS SS SB 75 85
(1) The member's attainment of at least age sixty - 8
seven and the completion of at least ten years of credited 9
service; or the member's attainment of at least age fifty- 10
five with the sum of the member's age and credited service 11
equaling at least ninety; or, in the case of a member who is 12
serving as a uniformed member of the highway patrol and 13
subject to the mandatory retirement provisions of section 14
104.081, such member's attainment of at least age sixty or 15
the attainment of at least age fifty -five with ten years of 16
credited service; 17
(2) For members of the general assembly, the member's 18
attainment of at least age sixty -two and the completion of 19
at least three full biennial assemblies; or the member's 20
attainment of at least age fifty -five with the sum of the 21
member's age and credited service equaling at least ninety; 22
(3) For statewide elected officials, the official's 23
attainment of at least age sixty-two and the completion of 24
at least four years of credited service; or the official's 25
attainment of at least age fifty -five with the sum of the 26
official's age and credited service equaling at least ninety. 27
3. A vested former member's norm al retirement 28
eligibility shall be based on the attainment of at least age 29
sixty-seven and the completion of at least ten years of 30
credited service. 31
4. A temporary annuity paid pursuant to subsection 4 32
of section 104.1024 shall be payable if the member has 33
attained at least age fifty -five with the sum of the 34
member's age and credited service equaling at least ninety; 35
or in the case of a member who is serving as a uniformed 36
member of the highway patrol and subject to the mandatory 37
retirement provisions of section 104.081, the temporary 38
annuity shall be payable if the member has attained at least 39 HCS SS SB 75 86
age sixty, or at least age fifty -five with ten years of 40
credited service. 41
5. A member, other than a member who is serving as a 42
uniformed member of the highway patrol and subject to the 43
mandatory retirement provisions of section 104.081, shall be 44
eligible for an early retirement annuity upon the attainment 45
of at least age sixty -two and the completion of at least ten 46
years of credited service . A vested former member who 47
terminated employment prior to the attainment of early 48
retirement eligibility shall not be eligible for early 49
retirement. 50
6. The provisions of subsection 6 of section 104.1021 51
and section 104.344 as applied pursuant to subsection 7 of 52
section 104.1021 and section 104.1090 shall not apply to 53
members covered by this section. 54
7. The minimum credited service requirements of five 55
years contained in sections 104.1018, 104.1030, 104.1036, 56
and 104.1051 shall be ten years for members covered by this 57
section. The normal and early retirement eligibility 58
requirements in this section shall apply for purposes of 59
administering section 104.1087. 60
8. A member shall be required to contribute four 61
percent of the membe r's pay to the retirement system, which 62
shall stand to the member's credit in his or her individual 63
account with the system, together with investment credits 64
thereon, for purposes of funding retirement benefits payable 65
under the year 2000 plan, subject to the following 66
provisions: 67
(1) The state of Missouri employer, pursuant to the 68
provisions of 26 U.S.C. Section 414(h)(2), shall pick up and 69
pay the contributions that would otherwise be payable by the 70
member under this section. The contributions so picked up 71 HCS SS SB 75 87
shall be treated as employer contributions for purposes of 72
determining the member's pay that is includable in the 73
member's gross income for federal income tax purposes; 74
(2) Member contributions picked up by the employer 75
shall be paid from the same source of funds used for the 76
payment of pay to a member. A deduction shall be made from 77
each member's pay equal to the amount of the member's 78
contributions picked up by the employer. This deduction, 79
however, shall not reduce the me mber's pay for purposes of 80
computing benefits under the retirement system pursuant to 81
this chapter; 82
(3) Member contributions so picked up shall be 83
credited to a separate account within the member's 84
individual account so that the amounts contribut ed pursuant 85
to this section may be distinguished from the amounts 86
contributed on an after -tax basis; 87
(4) The contributions, although designated as employee 88
contributions, shall be paid by the employer in lieu of the 89
contributions by the member. The member shall not have the 90
option of choosing to receive the contributed amounts 91
directly instead of having them paid by the employer to the 92
retirement system; 93
(5) Interest shall be credited annually on June 94
thirtieth based on the value in the account as of July first 95
of the immediately preceding year at a rate of four 96
percent. Effective June 30, 2014, and each June thirtieth 97
thereafter, the interest crediting rate shall be equal to 98
the investment rate that is published by the United State s 99
Department of Treasury, or its successor agency, for fifty - 100
two week treasury bills for the relevant auction that is 101
nearest to the preceding July first, or a successor treasury 102
bill investment rate as approved by the board if the fifty - 103 HCS SS SB 75 88
two week treasury bill is no longer issued. Interest 104
credits shall cease upon termination of employment if the 105
member is not a vested former member. Otherwise, interest 106
credits shall cease upon retirement or death; 107
(6) A vested former member or a former memb er who is 108
not vested may request a refund of his or her contributions 109
and interest credited thereon. If such member is married at 110
the time of such request, such request shall not be 111
processed without consent from the spouse. Such member is 112
not eligible to request a refund if such member's retirement 113
benefit is subject to a division of benefit order pursuant 114
to section 104.1051. Such refund shall be paid by the 115
system [after] within an administratively reasonable period, 116
but no sooner than ninety days from the date of termination 117
of employment [or the request, whichever is later, and ]. 118
The amount refunded shall include all employee contributions 119
made to any retirement plan administered by the system and 120
interest credited thereon. A vested former member may not 121
request a refund after such member becomes eligible for 122
normal retirement. A vested former member or a former 123
member who is not vested who receives a refund shall forfeit 124
all the member's credited service and future rights to 125
receive benefits from the system and shall not be eligible 126
to receive any [long-term] disability benefits; provided 127
that any member or vested former member receiving [long- 128
term] disability benefits shall not be eligible for a 129
refund. If such member subseq uently becomes an employee and 130
works continuously for at least one year, the credited 131
service previously forfeited shall be restored if the member 132
returns to the system the amount previously refunded plus 133
interest at a rate established by the board; 134 HCS SS SB 75 89
(7) The beneficiary of any member who made 135
contributions shall receive a refund upon the member's death 136
equal to the amount, if any, of such contributions and 137
interest credited thereon less any retirement benefits 138
received by the member unless an a nnuity is payable to a 139
survivor or beneficiary as a result of the member's death. 140
In that event, the beneficiary of the survivor or 141
beneficiary who received the annuity shall receive a refund 142
upon the survivor's or beneficiary's death equal to the 143
amount, if any, of the member's contributions less any 144
annuity amounts received by the member and the survivor or 145
beneficiary. 146
9. The employee contribution rate, the benefits 147
provided under the year 2000 plan to members covered under 148
this section, and any other provision of the year 2000 plan 149
with regard to members covered under this section may be 150
altered, amended, increased, decreased, or repealed, but 151
only with respect to services rendered by the member after 152
the effective date of such altera tion, amendment, increase, 153
decrease, or repeal, or, with respect to interest credits, 154
for periods of time after the effective date of such 155
alteration, amendment, increase, decrease, or repeal. 156
10. For purposes of members covered by this section, 157
the options under section 104.1027 shall be as follows: 158
Option 1. 159
A retiree's life annuity shall be reduced to a 160
certain percent of the annuity otherwise 161
payable. Such percent shall be eighty -eight and 162
one half percent adjusted as follows: if the 163
retiree's age on the annuity starting date is 164
younger than sixty-seven years, an increase of 165
three-tenths of one percent for each year the 166 HCS SS SB 75 90
retiree's age is younger than age sixty -seven 167
years; and if the beneficiary's age is younger 168
than the retiree's a ge on the annuity starting 169
date, a decrease of three -tenths of one percent 170
for each year of age difference; and if the 171
retiree's age is younger than the beneficiary's 172
age on the annuity starting date, an increase of 173
three-tenths of one percent for eac h year of age 174
difference; provided, after all adjustments the 175
option 1 percent cannot exceed ninety -four and 176
one quarter percent. Upon the retiree's death, 177
fifty percent of the retiree's reduced annuity 178
shall be paid to such beneficiary who was the 179
retiree's spouse on the annuity starting date or 180
as otherwise provided by subsection 5 of this 181
section. 182
Option 2. 183
A retiree's life annuity shall be reduced to a 184
certain percent of the annuity otherwise 185
payable. Such percent shall be eighty -one 186
percent adjusted as follows: if the retiree's 187
age on the annuity starting date is younger than 188
sixty-seven years, an increase of four -tenths of 189
one percent for each year the retiree's age is 190
younger than sixty-seven years; and if the 191
beneficiary's age is younger than the retiree's 192
age on the annuity starting date, a decrease of 193
five-tenths of one percent for each year of age 194
difference; and if the retiree's age is younger 195
than the beneficiary's age on the annuity 196
starting date, an increase of five -tenths of one 197
percent for each year of age difference; 198 HCS SS SB 75 91
provided, after all adjustments the option 2 199
percent cannot exceed eighty -seven and three 200
quarter percent. Upon the retiree's death one 201
hundred percent of the retiree's reduced annuity 202
shall be paid to such beneficiary who was the 203
retiree's spouse on the annuity starting date or 204
as otherwise provided by subsection 5 of this 205
section. 206
Option 3. 207
A retiree's life annuity shall be reduced to 208
ninety-three percent of the annuity otherwise 209
payable. If the retiree dies before having 210
received one hundred twenty monthly payments, 211
the reduced annuity shall be continued for the 212
remainder of the one hundred twenty -month period 213
to the retiree's designated beneficiary provided 214
that if there is no benef iciary surviving the 215
retiree, the present value of the remaining 216
annuity payments shall be paid as provided under 217
subsection 3 of section 104.620. If the 218
beneficiary survives the retiree but dies before 219
receiving the remainder of such one hundred 220
twenty monthly payments, the present value of 221
the remaining annuity payments shall be paid as 222
provided under subsection 3 of section 104.620. 223
Option 4. 224
A retiree's life annuity shall be reduced to 225
eighty-six percent of the annuity otherwise 226
payable. If the retiree dies before having 227
received one hundred eighty monthly payments, 228
the reduced annuity shall be continued for the 229
remainder of the one hundred eighty -month period 230 HCS SS SB 75 92
to the retiree's designated beneficiary provided 231
that if there is no benefic iary surviving the 232
retiree, the present value of the remaining 233
annuity payments shall be paid as provided under 234
subsection 3 of section 104.620. If the 235
beneficiary survives the retiree but dies before 236
receiving the remainder of such one hundred 237
eighty monthly payments, the present value of 238
the remaining annuity payments shall be paid as 239
provided under subsection 3 of section 104.620. 240
11. The provisions of subsection 6 of section 104.1024 241
shall not apply to members covered by this section. 242
12. Effective January 1, 2018, a member who is not a 243
statewide elected official or a member of the general 244
assembly shall be eligible for retirement under this 245
subsection subject to the following conditions: 246
(1) A member's normal retirement el igibility shall be 247
based on the attainment of at least age sixty -seven and the 248
completion of at least five years of credited service; or 249
the member's attainment of at least age fifty -five with the 250
sum of the member's age and credited service equaling a t 251
least ninety; or in the case of a member who is serving as a 252
uniformed member of the highway patrol and subject to the 253
mandatory retirement provisions of section 104.081, such 254
member's attainment of at least age sixty or the attainment 255
of at least age fifty-five with five years of credited 256
service; 257
(2) A vested former member's normal retirement 258
eligibility shall be based on the attainment of at least age 259
sixty-seven and the completion of at least five years of 260
credited service; except that, a vested former member who 261
terminates employment after the attainment of normal 262 HCS SS SB 75 93
retirement eligibility as defined in subdivision (1) of this 263
subsection shall be covered under such subdivision; 264
(3) A temporary annuity paid under subsection 4 of 265
section 104.1024 shall be payable if the member has attained 266
at least age fifty-five with the sum of the member's age and 267
credited service equaling at least ninety; or in the case of 268
a member who is serving as a uniformed member of the highway 269
patrol and subject to the mandatory retirement provisions of 270
section 104.081, the temporary annuity shall be payable if 271
the member has attained at least age sixty, or at least age 272
fifty-five with five years of credited service; 273
(4) A member, other than a m ember who is serving as a 274
uniformed member of the highway patrol and subject to the 275
mandatory retirement provisions of section 104.081, shall be 276
eligible for an early retirement annuity upon the attainment 277
of at least age sixty -two and the completion o f at least 278
five years of credited service. A vested former member who 279
terminated employment prior to the attainment of early 280
retirement eligibility shall not be eligible for early 281
retirement; 282
(5) The normal and early retirement eligibility 283
requirements in this subsection shall apply for purposes of 284
administering section 104.1087; 285
(6) The survivor annuity payable under section 286
104.1030 for vested former members who terminated employment 287
prior to the attainment of early retirement eligibi lity and 288
who are covered by this section shall not be payable until 289
the deceased member would have reached his or her normal 290
retirement eligibility under this subsection; 291
(7) The annual cost-of-living adjustment payable under 292
section 104.1045 sha ll not commence until the second 293
anniversary of [a vested former member's ] the annuity 294 HCS SS SB 75 94
starting date for vested former members who terminated 295
employment prior to the attainment of early retirement 296
eligibility and who are covered by this subsection; 297
(8) The unused sick leave credit granted under 298
subsection 2 of section 104.1021 shall not apply to members 299
covered by this subsection unless the member terminates 300
employment after reaching normal retirement eligibility or 301
becoming eligible for an ea rly retirement annuity under this 302
subsection; and 303
(9) The minimum credited service requirements of five 304
years contained in sections 104.1018, 104.1030, 104.1036, 305
and 104.1051 shall be five years for members covered by this 306
subsection. 307
168.082. Any person who was employed as a speech 1
implementer before August 1, 2022, that is employed in a 2
position on or after August 28, 2023 as a speech -language 3
pathology assistant, shall be considered a speech 4
implementer for purposes of c ertification that the 5
department of elementary and secondary education required 6
such person to hold before August 1, 2022, and for purposes 7
of consideration of Social Security coverage. Such person 8
shall not be considered a speech implementer, as desc ribed 9
in this section, when such person dies, retires, or no 10
longer works in a speech -language pathology assistant 11
position. The term "speech-language pathology assistant" as 12
used in this section shall have the same meaning as such 13
term is defined in section 345.015. 14
169.070. 1. The retirement allowance of a member 1
whose age at retirement is sixty years or more and whose 2
creditable service is five years or more, or whose sum of 3
age and creditable service equals eighty years or more, or 4
who has attained age fifty -five and whose creditable service 5 HCS SS SB 75 95
is twenty-five years or more or whose creditable service is 6
thirty years or more regardless of age, may be the sum of 7
the following items, not to exceed one hundred percent of 8
the member's final average salary: 9
(1) Two and five-tenths percent of the member's final 10
average salary for each year of membership service; 11
(2) Six-tenths of the amount payable for a year of 12
membership service for each year of prior service not 13
exceeding thirty years. 14
In lieu of the retirement allowance otherwise provided in 15
subdivisions (1) and (2) of this subsection, a member may 16
elect to receive a retirement allowance of: 17
(3) Two and four-tenths percent of the member's final 18
average salary for each year of membership service, if the 19
member's creditable service is twenty -nine years or more but 20
less than thirty years, and the member has not attained age 21
fifty-five; 22
(4) Two and thirty-five-hundredths percent of the 23
member's final average salary for each year of membership 24
service, if the member's creditable service is twenty -eight 25
years or more but less than twenty -nine years, and the 26
member has not attained age fifty -five; 27
(5) Two and three-tenths percent of the membe r's final 28
average salary for each year of membership service, if the 29
member's creditable service is twenty -seven years or more 30
but less than twenty -eight years, and the member has not 31
attained age fifty-five; 32
(6) Two and twenty-five-hundredths percent of the 33
member's final average salary for each year of membership 34
service, if the member's creditable service is twenty -six 35 HCS SS SB 75 96
years or more but less than twenty -seven years, and the 36
member has not attained age fifty -five; 37
(7) Two and two-tenths percent of the member's final 38
average salary for each year of membership service, if the 39
member's creditable service is twenty -five years or more but 40
less than twenty-six years, and the member has not attained 41
age fifty-five; 42
(8) [Between July 1, 2001, and July 1, 2014, ] Two and 43
fifty-five hundredths percent of the member's final average 44
salary for each year of membership service, if the member's 45
creditable service is [thirty-one] thirty-two years or more 46
regardless of age. 47
2. In lieu of the retirement allowance provided in 48
subsection 1 of this section, a member whose age is sixty 49
years or more on September 28, 1975, may elect to have the 50
member's retirement allowance calculated as a sum of the 51
following items: 52
(1) Sixty cents plus one and five-tenths percent of 53
the member's final average salary for each year of 54
membership service; 55
(2) Six-tenths of the amount payable for a year of 56
membership service for each year of prior service not 57
exceeding thirty years; 58
(3) Three-fourths of one percent of the sum of 59
subdivisions (1) and (2) of this subsection for each month 60
of attained age in excess of sixty years but not in excess 61
of age sixty-five. 62
3. (1) In lieu of the retirement allowance provided 63
either in subsection 1 or 2 of this section, collectively 64
called "option 1", a member whose creditable service is 65
twenty-five years or more or who has attained the age of 66
fifty-five with five or more years of creditable service may 67 HCS SS SB 75 97
elect in the member's applicatio n for retirement to receive 68
the actuarial equivalent of the member's retirement 69
allowance in reduced monthly payments for life during 70
retirement with the provision that: 71
Option 2. 72
Upon the member's death the reduced retirement 73
allowance shall be cont inued throughout the life 74
of and paid to such person as has an insurable 75
interest in the life of the member as the member 76
shall have nominated in the member's election of 77
the option, and provided further that if the 78
person so nominated dies before the retired 79
member, the retirement allowance will be 80
increased to the amount the retired member would 81
be receiving had the retired member elected 82
option 1; or 83
Option 3. 84
Upon the death of the member three -fourths of 85
the reduced retirement allowance shal l be 86
continued throughout the life of and paid to 87
such person as has an insurable interest in the 88
life of the member and as the member shall have 89
nominated in an election of the option, and 90
provided further that if the person so nominated 91
dies before the retired member, the retirement 92
allowance will be increased to the amount the 93
retired member would be receiving had the member 94
elected option 1; or 95
Option 4. 96
Upon the death of the member one -half of the 97
reduced retirement allowance shall be conti nued 98
throughout the life of, and paid to, such person 99 HCS SS SB 75 98
as has an insurable interest in the life of the 100
member and as the member shall have nominated in 101
an election of the option, and provided further 102
that if the person so nominated dies before the 103
retired member, the retirement allowance shall 104
be increased to the amount the retired member 105
would be receiving had the member elected option 106
1; or 107
Option 5. 108
Upon the death of the member prior to the member 109
having received one hundred twenty monthly 110
payments of the member's reduced allowance, the 111
remainder of the one hundred twenty monthly 112
payments of the reduced allowance shall be paid 113
to such beneficiary as the member shall have 114
nominated in the member's election of the option 115
or in a subsequent nomination. If there is no 116
beneficiary so nominated who survives the member 117
for the remainder of the one hundred twenty 118
monthly payments, the total of the remainder of 119
such one hundred twenty monthly payments shall 120
be paid to the surviving spouse, sur viving 121
children in equal shares, surviving parents in 122
equal shares, or estate of the last person, in 123
that order of precedence, to receive a monthly 124
allowance in a lump sum payment. If the total 125
of the one hundred twenty payments paid to the 126
retired individual and the beneficiary of the 127
retired individual is less than the total of the 128
member's accumulated contributions, the 129
difference shall be paid to the beneficiary in a 130
lump sum; or 131 HCS SS SB 75 99
Option 6. 132
Upon the death of the member prior to the member 133
having received sixty monthly payments of the 134
member's reduced allowance, the remainder of the 135
sixty monthly payments of the reduced allowance 136
shall be paid to such beneficiary as the member 137
shall have nominated in the member's election of 138
the option or in a subsequent nomination. If 139
there is no beneficiary so nominated who 140
survives the member for the remainder of the 141
sixty monthly payments, the total of the 142
remainder of such sixty monthly payments shall 143
be paid to the surviving spouse, surviving 144
children in equal shares, surviving parents in 145
equal shares, or estate of the last person, in 146
that order of precedence, to receive a monthly 147
allowance in a lump sum payment. If the total 148
of the sixty payments paid to the retired 149
individual and the b eneficiary of the retired 150
individual is less than the total of the 151
member's accumulated contributions, the 152
difference shall be paid to the beneficiary in a 153
lump sum. 154
(2) The election of an option may be made only in the 155
application for retiremen t and such application must be 156
filed prior to the date on which the retirement of the 157
member is to be effective. If either the member or the 158
person nominated to receive the survivorship payments dies 159
before the effective date of retirement, the option shall 160
not be effective, provided that: 161
(a) If the member or a person retired on disability 162
retirement dies after acquiring twenty -five or more years of 163 HCS SS SB 75 100
creditable service or after attaining the age of fifty -five 164
years and acquiring five or more years of creditable service 165
and before retirement, except retirement with disability 166
benefits, and the person named by the member as the member's 167
beneficiary has an insurable interest in the life of the 168
deceased member, the designated beneficiary may e lect to 169
receive either survivorship benefits under option 2 or a 170
payment of the accumulated contributions of the member. If 171
survivorship benefits under option 2 are elected and the 172
member at the time of death would have been eligible to 173
receive an actuarial equivalent of the member's retirement 174
allowance, the designated beneficiary may further elect to 175
defer the option 2 payments until the date the member would 176
have been eligible to receive the retirement allowance 177
provided in subsection 1 or 2 of this section; 178
(b) If the member or a person retired on disability 179
retirement dies before attaining age fifty -five but after 180
acquiring five but fewer than twenty -five years of 181
creditable service, and the person named as the member's 182
beneficiary has an insurable interest in the life of the 183
deceased member, the designated beneficiary may elect to 184
receive either a payment of the member's accumulated 185
contributions, or survivorship benefits under option 2 to 186
begin on the date the member would first have been eligible 187
to receive an actuarial equivalent of the member's 188
retirement allowance, or to begin on the date the member 189
would first have been eligible to receive the retirement 190
allowance provided in subsection 1 or 2 of this section. 191
4. If the total of the retirement or disability 192
allowance paid to an individual before the death of the 193
individual is less than the accumulated contributions at the 194
time of retirement, the difference shall be paid to the 195 HCS SS SB 75 101
beneficiary of the individual, or t o the surviving spouse, 196
surviving children in equal shares, surviving parents in 197
equal shares, or estate of the individual in that order of 198
precedence. If an optional benefit as provided in option 2, 199
3 or 4 in subsection 3 of this section had been ele cted, and 200
the beneficiary dies after receiving the optional benefit, 201
and if the total retirement allowance paid to the retired 202
individual and the beneficiary of the retired individual is 203
less than the total of the contributions, the difference 204
shall be paid to the surviving spouse, surviving children in 205
equal shares, surviving parents in equal shares, or estate 206
of the beneficiary, in that order of precedence, unless the 207
retired individual designates a different recipient with the 208
board at or after retirement. 209
5. If a member dies and his or her financial 210
institution is unable to accept the final payment or 211
payments due to the member, the final payment or payments 212
shall be paid to the beneficiary of the member or, if there 213
is no beneficiary, to the surviving spouse, surviving 214
children in equal shares, surviving parents in equal shares, 215
or estate of the member, in that order of precedence, unless 216
otherwise stated. If the beneficiary of a deceased member 217
dies and his or her financial insti tution is unable to 218
accept the final payment or payments, the final payment or 219
payments shall be paid to the surviving spouse, surviving 220
children in equal shares, surviving parents in equal shares, 221
or estate of the member, in that order of precedence, unless 222
otherwise stated. 223
6. If a member dies before receiving a retirement 224
allowance, the member's accumulated contributions at the 225
time of the death of the member shall be paid to the 226
beneficiary of the member or, if there is no beneficiary, to 227 HCS SS SB 75 102
the surviving spouse, surviving children in equal shares, 228
surviving parents in equal shares, or to the estate of the 229
member, in that order of precedence; except that, no such 230
payment shall be made if the beneficiary elects option 2 in 231
subsection 3 of this section, unless the beneficiary dies 232
before having received benefits pursuant to that subsection 233
equal to the accumulated contributions of the member, in 234
which case the amount of accumulated contributions in excess 235
of the total benefits paid pursu ant to that subsection shall 236
be paid to the surviving spouse, surviving children in equal 237
shares, surviving parents in equal shares, or estate of the 238
beneficiary, in that order of precedence. 239
7. If a member ceases to be a public school employee 240
as herein defined and certifies to the board of trustees 241
that such cessation is permanent, or if the membership of 242
the person is otherwise terminated, the member shall be paid 243
the member's accumulated contributions with interest. 244
8. Notwithstanding any provisions of sections 169.010 245
to 169.141 to the contrary, if a member ceases to be a 246
public school employee after acquiring five or more years of 247
membership service in Missouri, the member may at the option 248
of the member leave the member's contri butions with the 249
retirement system and claim a retirement allowance any time 250
after reaching the minimum age for voluntary retirement. 251
When the member's claim is presented to the board, the 252
member shall be granted an allowance as provided in sections 253
169.010 to 169.141 on the basis of the member's age, years 254
of service, and the provisions of the law in effect at the 255
time the member requests the member's retirement to become 256
effective. 257
9. The retirement allowance of a member retired 258
because of disability shall be nine -tenths of the allowance 259 HCS SS SB 75 103
to which the member's creditable service would entitle the 260
member if the member's age were sixty, or fifty percent of 261
one-twelfth of the annual salary rate used in determining 262
the member's contributions during the last school year for 263
which the member received a year of creditable service 264
immediately prior to the member's disability, whichever is 265
greater, except that no such allowance shall exceed the 266
retirement allowance to which the member would ha ve been 267
entitled upon retirement at age sixty if the member had 268
continued to teach from the date of disability until age 269
sixty at the same salary rate. 270
10. Notwithstanding any provisions of sections 169.010 271
to 169.141 to the contrary, from Octobe r 13, 1961, the 272
contribution rate pursuant to sections 169.010 to 169.141 273
shall be multiplied by the factor of two -thirds for any 274
member of the system for whom federal Old Age and Survivors 275
Insurance tax is paid from state or local tax funds on 276
account of the member's employment entitling the person to 277
membership in the system. The monetary benefits for a 278
member who elected not to exercise an option to pay into the 279
system a retroactive contribution of four percent on that 280
part of the member's annu al salary rate which was in excess 281
of four thousand eight hundred dollars but not in excess of 282
eight thousand four hundred dollars for each year of 283
employment in a position covered by this system between July 284
1, 1957, and July 1, 1961, as provided in s ubsection 10 of 285
this section as it appears in RSMo, 1969, shall be the sum 286
of: 287
(1) For years of service prior to July 1, 1946, six - 288
tenths of the full amount payable for years of membership 289
service; 290 HCS SS SB 75 104
(2) For years of membership service after July 1, 291
1946, in which the full contribution rate was paid, full 292
benefits under the formula in effect at the time of the 293
member's retirement; 294
(3) For years of membership service after July 1, 295
1957, and prior to July 1, 1961, the benefits provided in 296
this section as it appears in RSMo, 1959; except that if the 297
member has at least thirty years of creditable service at 298
retirement the member shall receive the benefit payable 299
pursuant to that section as though the member's age were 300
sixty-five at retirement; 301
(4) For years of membership service after July 1, 302
1961, in which the two -thirds contribution rate was paid, 303
two-thirds of the benefits under the formula in effect at 304
the time of the member's retirement. 305
11. The monetary benefits f or each other member for 306
whom federal Old Age and Survivors Insurance tax is or was 307
paid at any time from state or local funds on account of the 308
member's employment entitling the member to membership in 309
the system shall be the sum of: 310
(1) For years of service prior to July 1, 1946, six - 311
tenths of the full amount payable for years of membership 312
service; 313
(2) For years of membership service after July 1, 314
1946, in which the full contribution rate was paid, full 315
benefits under the formula in e ffect at the time of the 316
member's retirement; 317
(3) For years of membership service after July 1, 318
1957, in which the two -thirds contribution rate was paid, 319
two-thirds of the benefits under the formula in effect at 320
the time of the member's retiremen t. 321 HCS SS SB 75 105
12. Any retired member of the system who was retired 322
prior to September 1, 1972, or beneficiary receiving 323
payments under option 1 or option 2 of subsection 3 of this 324
section, as such option existed prior to September 1, 1972, 325
will be eligible to receive an increase in the retirement 326
allowance of the member of two percent for each year, or 327
major fraction of more than one -half of a year, which the 328
retired member has been retired prior to July 1, 1975. This 329
increased amount shall be payable c ommencing with January, 330
1976, and shall thereafter be referred to as the member's 331
retirement allowance. The increase provided for in this 332
subsection shall not affect the retired member's eligibility 333
for compensation provided for in section 169.580 or 169.585, 334
nor shall the amount being paid pursuant to these sections 335
be reduced because of any increases provided for in this 336
section. 337
13. If the board of trustees determines that the cost 338
of living, as measured by generally accepted standards, 339
increases two percent or more in the preceding fiscal year, 340
the board shall increase the retirement allowances which the 341
retired members or beneficiaries are receiving by two 342
percent of the amount being received by the retired member 343
or the beneficiary at the time the annual increase is 344
granted by the board with the provision that the increases 345
provided for in this subsection shall not become effective 346
until the fourth January first following the member's 347
retirement or January 1, 1977, whichever late r occurs, or in 348
the case of any member retiring on or after July 1, 2000, 349
the increase provided for in this subsection shall not 350
become effective until the third January first following the 351
member's retirement, or in the case of any member retiring 352
on or after July 1, 2001, the increase provided for in this 353 HCS SS SB 75 106
subsection shall not become effective until the second 354
January first following the member's retirement. Commencing 355
with January 1, 1992, if the board of trustees determines 356
that the cost of liv ing has increased five percent or more 357
in the preceding fiscal year, the board shall increase the 358
retirement allowances by five percent. The total of the 359
increases granted to a retired member or the beneficiary 360
after December 31, 1976, may not exceed eighty percent of 361
the retirement allowance established at retirement or as 362
previously adjusted by other subsections. If the cost of 363
living increases less than five percent, the board of 364
trustees may determine the percentage of increase to be made 365
in retirement allowances, but at no time can the increase 366
exceed five percent per year. If the cost of living 367
decreases in a fiscal year, there will be no increase in 368
allowances for retired members on the following January 369
first. 370
14. The board of trustees may reduce the amounts which 371
have been granted as increases to a member pursuant to 372
subsection 13 of this section if the cost of living, as 373
determined by the board and as measured by generally 374
accepted standards, is less than the cost of living was at 375
the time of the first increase granted to the member; except 376
that, the reductions shall not exceed the amount of 377
increases which have been made to the member's allowance 378
after December 31, 1976. 379
15. Any application for retirement shall in clude a 380
sworn statement by the member certifying that the spouse of 381
the member at the time the application was completed was 382
aware of the application and the plan of retirement elected 383
in the application. 384 HCS SS SB 75 107
16. Notwithstanding any other provision o f law, any 385
person retired prior to September 28, 1983, who is receiving 386
a reduced retirement allowance under option 1 or option 2 of 387
subsection 3 of this section, as such option existed prior 388
to September 28, 1983, and whose beneficiary nominated to 389
receive continued retirement allowance payments under the 390
elected option dies or has died, shall upon application to 391
the board of trustees have his or her retirement allowance 392
increased to the amount he or she would have been receiving 393
had the option not been elected, actuarially adjusted to 394
recognize any excessive benefits which would have been paid 395
to him or her up to the time of application. 396
17. Benefits paid pursuant to the provisions of the 397
public school retirement system of Missouri shall not exceed 398
the limitations of Section 415 of Title 26 of the United 399
States Code except as provided pursuant to this subsection. 400
Notwithstanding any other law to the contrary, the board of 401
trustees may establish a benefit plan pursuant to Section 402
415(m) of Title 26 of the United States Code. Such plan 403
shall be created solely for the purpose described in Section 404
415(m)(3)(A) of Title 26 of the United States Code. The 405
board of trustees may promulgate regulations necessary to 406
implement the provision s of this subsection and to create 407
and administer such benefit plan. 408
18. Notwithstanding any other provision of law to the 409
contrary, any person retired before, on, or after May 26, 410
1994, shall be made, constituted, appointed and employed by 411
the board as a special consultant on the matters of 412
education, retirement and aging, and upon request shall give 413
written or oral opinions to the board in response to such 414
requests. As compensation for such duties the person shall 415
receive an amount based on the person's years of service so 416 HCS SS SB 75 108
that the total amount received pursuant to sections 169.010 417
to 169.141 shall be at least the minimum amounts specified 418
in subdivisions (1) to (4) of this subsection. In 419
determining the minimum amount to be received, t he amounts 420
in subdivisions (3) and (4) of this subsection shall be 421
adjusted in accordance with the actuarial adjustment, if 422
any, that was applied to the person's retirement allowance. 423
In determining the minimum amount to be received, beginning 424
September 1, 1996, the amounts in subdivisions (1) and (2) 425
of this subsection shall be adjusted in accordance with the 426
actuarial adjustment, if any, that was applied to the 427
person's retirement allowance due to election of an optional 428
form of retirement havin g a continued monthly payment after 429
the person's death. Notwithstanding any other provision of 430
law to the contrary, no person retired before, on, or after 431
May 26, 1994, and no beneficiary of such a person, shall 432
receive a retirement benefit pursuant t o sections 169.010 to 433
169.141 based on the person's years of service less than the 434
following amounts: 435
(1) Thirty or more years of service, one thousand two 436
hundred dollars; 437
(2) At least twenty-five years but less than thirty 438
years, one thousand dollars; 439
(3) At least twenty years but less than twenty -five 440
years, eight hundred dollars; 441
(4) At least fifteen years but less than twenty years, 442
six hundred dollars. 443
19. Notwithstanding any other provisions of law to the 444
contrary, any person retired prior to May 26, 1994, and any 445
designated beneficiary of such a retired member who was 446
deceased prior to July 1, 1999, shall be made, constituted, 447
appointed and employed by the board as a special consultant 448 HCS SS SB 75 109
on the matters of educat ion, retirement or aging and upon 449
request shall give written or oral opinions to the board in 450
response to such requests. Beginning September 1, 1996, as 451
compensation for such service, the member shall have added, 452
pursuant to this subsection, to the me mber's monthly annuity 453
as provided by this section a dollar amount equal to the 454
lesser of sixty dollars or the product of two dollars 455
multiplied by the member's number of years of creditable 456
service. Beginning September 1, 1999, the designated 457
beneficiary of the deceased member shall as compensation for 458
such service have added, pursuant to this subsection, to the 459
monthly annuity as provided by this section a dollar amount 460
equal to the lesser of sixty dollars or the product of two 461
dollars multiplied by the member's number of years of 462
creditable service. The total compensation provided by this 463
section including the compensation provided by this 464
subsection shall be used in calculating any future cost -of- 465
living adjustments provided by subsection 1 3 of this section. 466
20. Any member who has retired prior to July 1, 1998, 467
and the designated beneficiary of a deceased retired member 468
shall be made, constituted, appointed and employed by the 469
board as a special consultant on the matters of educatio n, 470
retirement and aging, and upon request shall give written or 471
oral opinions to the board in response to such requests. As 472
compensation for such duties the person shall receive a 473
payment equivalent to eight and seven -tenths percent of the 474
previous month's benefit, which shall be added to the 475
member's or beneficiary's monthly annuity and which shall 476
not be subject to the provisions of subsections 13 and 14 of 477
this section for the purposes of the limit on the total 478
amount of increases which may be received. 479 HCS SS SB 75 110
21. Any member who has retired shall be made, 480
constituted, appointed and employed by the board as a 481
special consultant on the matters of education, retirement 482
and aging, and upon request shall give written or oral 483
opinions to the board in response to such request. As 484
compensation for such duties, the beneficiary of the retired 485
member, or, if there is no beneficiary, the surviving 486
spouse, surviving children in equal shares, surviving 487
parents in equal shares, or estate of the retired member, in 488
that order of precedence, shall receive as a part of 489
compensation for these duties a death benefit of five 490
thousand dollars. 491
22. Any member who has retired prior to July 1, 1999, 492
and the designated beneficiary of a retired member who w as 493
deceased prior to July 1, 1999, shall be made, constituted, 494
appointed and employed by the board as a special consultant 495
on the matters of education, retirement and aging, and upon 496
request shall give written or oral opinions to the board in 497
response to such requests. As compensation for such duties, 498
the person shall have added, pursuant to this subsection, to 499
the monthly annuity as provided by this section a dollar 500
amount equal to five dollars times the member's number of 501
years of creditable ser vice. 502
23. Any member who has retired prior to July 1, 2000, 503
and the designated beneficiary of a deceased retired member 504
shall be made, constituted, appointed and employed by the 505
board as a special consultant on the matters of education, 506
retirement and aging, and upon request shall give written or 507
oral opinions to the board in response to such requests. As 508
compensation for such duties, the person shall receive a 509
payment equivalent to three and five -tenths percent of the 510
previous month's benefi t, which shall be added to the member 511 HCS SS SB 75 111
or beneficiary's monthly annuity and which shall not be 512
subject to the provisions of subsections 13 and 14 of this 513
section for the purposes of the limit on the total amount of 514
increases which may be received. 515
24. Any member who has retired prior to July 1, 2001, 516
and the designated beneficiary of a deceased retired member 517
shall be made, constituted, appointed and employed by the 518
board as a special consultant on the matters of education, 519
retirement and aging , and upon request shall give written or 520
oral opinions to the board in response to such requests. As 521
compensation for such duties, the person shall receive a 522
dollar amount equal to three dollars times the member's 523
number of years of creditable service , which shall be added 524
to the member's or beneficiary's monthly annuity and which 525
shall not be subject to the provisions of subsections 13 and 526
14 of this section for the purposes of the limit on the 527
total amount of increases which may be received. 528
169.141. 1. Any person receiving a retirement 1
allowance under sections 169.010 to 169.140, and who elected 2
a reduced retirement allowance under subsection 3 of section 3
169.070 with his or her spouse as the nominated beneficiary, 4
may nominate a successor beneficiary under either of the 5
following circumstances: 6
(1) If the nominated beneficiary precedes the retired 7
person in death, the retired person may, upon remarriage, 8
nominate the new spouse under the same option elected in the 9
application for retirement; 10
(2) If the marriage of the retired person and the 11
nominated beneficiary is dissolved, and if the dissolution 12
decree provides for sole retention by the retired person of 13
all rights in the retirement allowance, th e retired person 14 HCS SS SB 75 112
may, upon remarriage, nominate the new spouse under the same 15
option elected in the application for retirement. 16
2. Any nomination of a successor beneficiary under 17
subdivision (1) or (2) of subsection 1 of this section must 18
be made in accordance with procedures established by the 19
board of trustees, and must be filed within ninety days of 20
May 6, 1993, or within one year of the remarriage, whichever 21
later occurs. Upon receipt of a successor nomination filed 22
in accordance with tho se procedures, the board shall adjust 23
the retirement allowance to reflect actuarial considerations 24
of that nomination as well as previous beneficiary and 25
successor beneficiary nominations. 26
3. Any person receiving a retirement allowance under 27
sections 169.010 to 169.140 who elected a reduced retirement 28
allowance under subsection 3 of section 169.070 with his or 29
her spouse as the nominated beneficiary may have the 30
retirement allowance increased to the amount the retired 31
member would be receiving had the retired member elected 32
option 1 if: 33
(1) The marriage of the retired person and the 34
nominated spouse is dissolved on or after September 1, 2017, 35
and the dissolution decree provides for sole retention by 36
the retired person of all rights in the retirement 37
allowance; or 38
(2) The marriage of the retired person and the 39
nominated spouse was dissolved before September 1, 2017, and: 40
(a) The dissolution decree provides for sole retention 41
by the retired person of all rights in the reti rement 42
allowance, and the parties obtain an amended or modified 43
dissolution decree after September 1, 2017, providing for 44
the immediate removal of the nominated spouse, or the 45
nominated spouse consents in writing to his or her immediate 46 HCS SS SB 75 113
removal as nominated beneficiary and disclaims all rights to 47
future benefits to the satisfaction of the board of 48
trustees; or 49
(b) The dissolution decree does not provide for sole 50
retention by the retired person of all rights in the 51
retirement allowance and the parties obtain an amended or 52
modified dissolution decree after September 1, 2017, which 53
provides for sole retention by the retired person of all 54
rights in the retirement allowance; and 55
(3) The person receives a retirement allowance under 56
subsection 3 of section 169.070. 57
Any such increase in the retirement allowance shall be 58
effective upon the receipt of an application for such 59
increase and a certified copy of the decree of dissolution 60
and separation agreement, if applicable, that meets the 61
requirements of this section. 62
4. Any person receiving a retirement allowance under 63
sections 169.010 to 169.140, who, on or before September 1, 64
2015, elected a reduced retirement allowance under 65
subsection 3 of section 169.070 with his or her same -sex 66
domestic partner as the nominated beneficiary, may have the 67
retirement allowance increased to the amount the retired 68
member would be receiving had the retired member elected 69
option 1 if: 70
(1) The retired person executes an affidavit attesting 71
to the existence of a same -sex domestic partnership at the 72
time of the nomination of the beneficiary and that the same - 73
sex domestic partnership has since ended, with such 74
supporting information and documentation as required by the 75
board of trustees; 76 HCS SS SB 75 114
(2) The nominated beneficiary consents in writing to 77
his or her immediate removal as nominated beneficiary and 78
disclaims all rights to future benefits to the satisfaction 79
of the board of trustees, or the parties obtain a court 80
order or judgment afte r September 1, 2023, which provides 81
that the nominated beneficiary may be removed; 82
(3) If the retired person and the nominated 83
beneficiary were legally married in a state that recognized 84
same-sex marriage at the time of retirement or have since 85
become legally married, the marriage must be dissolved and 86
the dissolution decree must provide for sole retention by 87
the retired person of all rights in the retirement 88
allowance; and 89
(4) The person receives a retirement allowance under 90
subsection 3 of section 169.070. 91
5. Any person receiving a retirement allowance under 92
sections 169.010 to 169.140, who, on or before September 1, 93
2015, elected a reduced retirement allowance under 94
subsection 3 of section 169.070 with his or her same -sex 95
domestic partner as the nominated beneficiary, may nominate 96
a successor beneficiary under the following circumstances: 97
(1) If the nominated same -sex domestic partner 98
precedes the retired person in death, and the retired person 99
executes an affidavit a ttesting to the existence of the same - 100
sex domestic partnership at the time of the nomination of 101
the beneficiary, the retired person may, upon a later 102
marriage, nominate his or her spouse under the same option 103
elected in the application for retirement; or 104
(2) If the retired person executes an affidavit 105
attesting to the existence of the same -sex domestic 106
partnership at the time of the nomination of the beneficiary 107
and that the same-sex domestic partnership has since ended, 108 HCS SS SB 75 115
and the nominated same -sex domestic partner consents in 109
writing to his or her immediate removal as nominated 110
beneficiary and disclaims all rights to future benefits to 111
the satisfaction of the board of trustees or the parties 112
obtain a court order or judgment after September 1, 2023, 113
which provides that the nominated beneficiary may be 114
removed, the retired person may, upon a later marriage, 115
nominate his or her spouse under the same option elected in 116
the application for retirement; 117
(3) In addition to the requirements of subsection (2) 118
of this section, if the retired person and the nominated 119
beneficiary were legally married in a state that recognized 120
same-sex marriage at the time of retirement or have since 121
become legally married, the marriage must be dissolved and 122
the dissolution decree must provide for sole retention by 123
the retired person of all rights in the retirement allowance. 124
6. Any nomination of successor beneficiary under 125
subdivision (1) or (2) of subsection 5 of this section shall 126
be made in accordance with procedures established by the 127
board of trustees, and shall be filed within one year of 128
September 1, 2023, or within one year of the marriage of the 129
retired person and successor beneficiary, whichever later 130
occurs. Upon receipt of a successo r nomination filed in 131
accordance with those procedures, the board shall adjust the 132
retirement allowance to reflect actuarial considerations of 133
that nomination as well as previous beneficiary and 134
successor beneficiary nominations. 135
7. For purposes of this section, the definition of 136
"same-sex domestic partners" shall be individuals of the 137
same sex who are at least eighteen years of age, who are not 138
related to a degree that would prohibit their marriage in 139
the law of the state where they reside, w ho are not married 140 HCS SS SB 75 116
to or a domestic partner of another person, and who live 141
together in a long-term relationship of indefinite duration 142
with an exclusive mutual commitment in which the domestic 143
partners agree to be jointly responsible for their common 144
welfare and to share financial obligations. For purposes of 145
this section, "same-sex domestic partners" shall also 146
include individuals of the same sex who were legally married 147
in a state that recognized same -sex marriage. 148
169.331. 1. Notwithstanding any other provision of 1
sections 169.270 to 169.400 to the contrary, a retired 2
certificated teacher receiving a retirement benefit from the 3
retirement system established pursuant to sections 169.270 4
to 169.400 may, without losing his or her retirement 5
benefit, teach full time for up to [two] four years for a 6
school district covered by such retirement system; provided 7
that the school district has a shortage of certified 8
teachers, as determined by the school district. The total 9
number of such retired certificated teachers shall not 10
exceed, at any one time, [fifteen] thirty certificated 11
teachers. 12
2. The employer's contribution rate shall be paid by 13
the hiring school district and the employee's contribution 14
rate shall be paid by the employee. 15
3. Any additional actuarial costs resulting from the 16
hiring of a retired certificated teacher pursuant to the 17
provisions of this section shall be paid by the hiring 18
school district. 19
4. In order to hire teachers pursuant to the 20
provisions of this section, the school district shall: 21
(1) Show a good faith effort to fill positions with 22
nonretired certificated teachers; 23
(2) Post the vacancy for at least one month; 24 HCS SS SB 75 117
(3) Have not offered early retirement incenti ves for 25
either of the previous two years; 26
(4) Solicit applications through the local newspaper, 27
other media, or teacher education programs; 28
(5) Determine there is an insufficient number of 29
eligible applicants for the advertised position; and 30
(6) Declare a critical shortage of certificated 31
teachers that is active for one year. 32
5. Any person hired pursuant to this section shall be 33
included in the State Director of New Hires for purposes of 34
income and eligibility verification purs uant to 42 U.S.C. 35
Section 1320b-7. 36
169.560. 1. Any person retired and currently 1
receiving a retirement allowance pursuant to sections 2
169.010 to 169.141, other than for disability, may be 3
employed in any capacity for an employer in cluded in the 4
retirement system created by those sections on either a part - 5
time or temporary-substitute basis not to exceed a total of 6
five hundred fifty hours in any one school year, and through 7
such employment may earn up to fifty percent of the annu al 8
compensation payable under the employer's salary schedule 9
for the position or positions filled by the retiree, given 10
such person's level of experience and education, without a 11
discontinuance of the person's retirement allowance. If the 12
employer does not utilize a salary schedule, or if the 13
position in question is not subject to the employer's salary 14
schedule, a retiree employed in accordance with the 15
provisions of this subsection may earn up to fifty percent 16
of the annual compensation paid to t he person or persons who 17
last held such position or positions. If the position or 18
positions did not previously exist, the compensation limit 19
shall be determined in accordance with rules duly adopted by 20 HCS SS SB 75 118
the board of trustees of the retirement system; p rovided 21
that, it shall not exceed fifty percent of the annual 22
compensation payable for the position by the employer that 23
is most comparable to the position filled by the retiree. 24
In any case where a retiree fills more than one position 25
during the school year, the fifty-percent limit on permitted 26
earning shall be based solely on the annual compensation of 27
the highest paid position occupied by the retiree for at 28
least one-fifth of the total hours worked during the year. 29
Such a person shall not cont ribute to the retirement system 30
or to the public education employee retirement system 31
established by sections 169.600 to 169.715 because of 32
earnings during such period of employment. If such a person 33
is employed in any capacity by such an employer in excess of 34
the limitations set forth in this subsection, the person 35
shall not be eligible to receive the person's retirement 36
allowance for any month during which the person is so 37
employed. In addition, such person shall contribute to the 38
retirement system if the person satisfies the retirement 39
system's membership eligibility requirements. In addition 40
to the conditions set forth above, this subsection shall 41
apply to any person retired and currently receiving a 42
retirement allowance under sections 16 9.010 to 169.141, 43
other than for disability, who is employed by a third party 44
or is performing work as an independent contractor, if such 45
person is performing work for an employer included in the 46
retirement system as a temporary or long -term substitute 47
teacher or in any other position that would normally require 48
that person to be duly certificated under the laws governing 49
the certification of teachers in Missouri if such person was 50
employed by the district. The retirement system may require 51
the employer, the third-party employer, the independent 52 HCS SS SB 75 119
contractor, and the retiree subject to this subsection to 53
provide documentation showing compliance with this 54
subsection. If such documentation is not provided, the 55
retirement system may deem the retire e to have exceeded the 56
limitations provided in this subsection. 57
2. Notwithstanding any other provision of this 58
section, any person retired and currently receiving a 59
retirement allowance in accordance with sections 169.010 to 60
169.141, other than f or disability, may be employed by an 61
employer included in the retirement system created by those 62
sections in a position that does not normally require a 63
person employed in that position to be duly certificated 64
under the laws governing the certification of teachers in 65
Missouri, and through such employment may earn , beginning on 66
August 28, 2023, and ending on June 30, 2028, up to [sixty 67
percent of the minimum teacher's salary as set forth in 68
section 163.172] one hundred thirty-three percent of the 69
annual earnings exemption amount applicable to a Social 70
Security recipient before the calendar year of attainment of 71
full retirement age under 20 CFR 404.430, and, after June 72
30, 2028, up to the annual earnings exemption amount 73
applicable to a Social Sec urity recipient before the 74
calendar year of attainment of full retirement age under 20 75
CFR 404.430, without a discontinuance of the person's 76
retirement allowance from the retirement system. The Social 77
Security annual earnings exemption amount applied shall be 78
the exemption amount in effect for the calendar year in 79
which the school year begins . Such person shall not 80
contribute to the retirement system or to the public 81
education employee retirement system established by sections 82
169.600 to 169.715 because of earnings during such period of 83
employment, and such person shall not earn membership 84 HCS SS SB 75 120
service for such employment. The employer's contribution 85
rate shall be paid by the hiring employer into the public 86
education employee retirement system est ablished by sections 87
169.600 to 169.715. If such a person is employed in any 88
capacity by an employer in excess of the limitations set 89
forth in this subsection, the person shall not be eligible 90
to receive the person's retirement allowance for any month 91
during which the person is so employed. In addition, such 92
person shall become a member of and contribute to any 93
retirement system described in this subsection if the person 94
satisfies the retirement system's membership eligibility 95
requirements. The provisions of this subsection shall not 96
apply to any person retired and currently receiving a 97
retirement allowance in accordance with sections 169.010 to 98
169.141 employed by a public community college or employer 99
under subsection 4 of section 169.130 . 100
169.596. 1. Notwithstanding any other provision of 1
this chapter to the contrary, a retired certificated teacher 2
receiving a retirement benefit from the retirement system 3
established pursuant to sections 169.010 to 169.141 may, 4
without losing his or her retirement benefit, teach full 5
time for up to [two] four years for a school district 6
covered by such retirement system; provided that the school 7
district has a shortage of certified teachers, as determined 8
by the school district, and provided that no such retired 9
certificated teacher shall be employed as a superintendent. 10
The total number of such retired certificated teachers shall 11
not exceed, at any one time, the [lesser of ten percent of 12
the total teacher] greater of one percent of the total 13
certificated teachers and noncertificated staff for that 14
school district, or five certificated teachers. 15 HCS SS SB 75 121
2. Notwithstanding any other provision of this chapter 16
to the contrary, a person receiving a retirement benefit 17
from the retirement system established pursuant to sections 18
169.600 to 169.715 may, without losing his or her retirement 19
benefit, be employed full time for up to [two] four years 20
for a school district covered by such retirement system; 21
provided that the school d istrict has a shortage of 22
noncertificated employees, as determined by the school 23
district. The total number of such retired noncertificated 24
employees shall not exceed, at any one time, the lesser of 25
ten percent of the total noncertificated staff for t hat 26
school district, or five employees. 27
3. The employer's contribution rate shall be paid by 28
the hiring school district. 29
4. In order to hire teachers and noncertificated 30
employees pursuant to the provisions of this section, the 31
school district shall: 32
(1) Show a good faith effort to fill positions with 33
nonretired certificated teachers or nonretired 34
noncertificated employees; 35
(2) Post the vacancy for at least one month; 36
(3) Have not offered early retirement incentives for 37
either of the previous two years; 38
(4) Solicit applications through the local newspaper, 39
other media, or teacher education programs; 40
(5) Determine there is an insufficient number of 41
eligible applicants for the advertised position; and 42
(6) Declare a critical shortage of certificated 43
teachers or noncertificated employees that is active for one 44
year. 45
5. Any person hired pursuant to this section shall be 46
included in the State Directory of New Hires for purposes of 47 HCS SS SB 75 122
income and eligibility verification pursuant to 42 U.S.C. 48
Section 1320b-7. 49
169.715. 1. Any person receiving a retirement 1
allowance under sections 169.600 to 169.712, and who elected 2
a reduced retirement allowance under subsection 4 of section 3
169.670 with his or her spouse as the nominated beneficiary, 4
may nominate a successor beneficiary under either of the 5
following circumstances: 6
(1) If the nominated beneficiary precedes the retired 7
person in death, the retired person may, upon remarriage , 8
nominate the new spouse under the same option elected in the 9
application for retirement; 10
(2) If the marriage of the retired person and the 11
nominated beneficiary is dissolved, and if the dissolution 12
decree provides for sole retention by the reti red person of 13
all rights in the retirement allowance, the retired person 14
may, upon remarriage, nominate the new spouse under the same 15
option elected in the application for retirement. 16
2. Any nomination of a successor beneficiary under 17
subdivision (1) or (2) of subsection 1 of this section must 18
be made in accordance with procedures established by the 19
board of trustees, and must be filed within ninety days of 20
May 6, 1993, or within one year of the remarriage, whichever 21
later occurs. Upon receipt of a successor nomination filed 22
in accordance with those procedures, the board shall adjust 23
the retirement allowance to reflect actuarial considerations 24
of that nomination as well as previous beneficiary and 25
successor beneficiary nominations. 26
3. Any person receiving a retirement allowance under 27
sections 169.600 to 169.715 who elected a reduced retirement 28
allowance under subsection 4 of section 169.670 with his or 29
her spouse as the nominated beneficiary may have the 30 HCS SS SB 75 123
retirement allowance incre ased to the amount the retired 31
member would be receiving had the retired member elected 32
option 1 if: 33
(1) The marriage of the retired person and the 34
nominated spouse is dissolved on or after September 1, 2017, 35
and the dissolution decree provides f or sole retention by 36
the retired person of all rights in the retirement 37
allowance; or 38
(2) The marriage of the retired person and the 39
nominated spouse was dissolved before September 1, 2017, and: 40
(a) The dissolution decree provides for sole r etention 41
by the retired person of all rights in the retirement 42
allowance, and the parties obtain an amended or modified 43
dissolution decree after September 1, 2017, providing for 44
the immediate removal of the nominated spouse, or the 45
nominated spouse consents in writing to his or her immediate 46
removal as nominated beneficiary and disclaims all rights to 47
future benefits to the satisfaction of the board of 48
trustees; or 49
(b) The dissolution decree does not provide for sole 50
retention by the retired person of all rights in the 51
retirement allowance and the parties obtain an amended or 52
modified dissolution decree after September 1, 2017, which 53
provides for sole retention by the retired person of all 54
rights in the retirement allowance; and 55
(3) The person receives a retirement allowance under 56
subsection 4 of section 169.670. 57
Any such increase in the retirement allowance shall be 58
effective upon the receipt of an application for such 59
increase and a certified copy of the decree of dissolution 60 HCS SS SB 75 124
and separation agreement, if applicable, that meets the 61
requirements of this section. 62
4. Any person receiving a retirement allowance under 63
sections 169.600 to 169.712, who, on or before September 1, 64
2015, elected a reduced retirement allowance under 65
subsection 4 of section 169.670 with his or her same -sex 66
domestic partner as the nominated beneficiary, may have the 67
retirement allowance increased to the amount the retired 68
member would be receiving had the retired member elected 69
option 1 if: 70
(1) The retired person executes an affidavit attesting 71
to the existence of a same -sex domestic partnership at the 72
time of the nomination of the beneficiary and that the same - 73
sex domestic partnership has since ended, with such 74
supporting information and documentation as required by the 75
board of trustees; 76
(2) The nominated beneficiary consents in writing to 77
his or her immediate removal as nominated beneficiary and 78
disclaims all rights to future benefits to the satisfaction 79
of the board of truste es, or the parties obtain a court 80
order or judgment after September 1, 2023, which provides 81
that the nominated beneficiary may be removed; 82
(3) If the retired person and the nominated 83
beneficiary were legally married in a state that recognized 84
same-sex marriage at the time of retirement or have since 85
become legally married, the marriage must be dissolved and 86
the dissolution decree must provide for sole retention by 87
the retired person of all rights in the retirement 88
allowance; and 89
(4) The person receives a retirement allowance under 90
subsection 4 of section 169.670. 91 HCS SS SB 75 125
5. Any person receiving a retirement allowance under 92
sections 169.600 to 169.712, who, on or before September 1, 93
2015, elected a reduced retirement allowance under 94
subsection 4 of section 169.670 with his or her same -sex 95
domestic partner as the nominated beneficiary, may nominate 96
a successor beneficiary under the following circumstances: 97
(1) If the nominated same -sex domestic partner 98
precedes the retired person in death, and the retired person 99
executes an affidavit attesting to the existence of the same - 100
sex domestic partnership at the time of the nomination of 101
the beneficiary, the retired person may, upon a later 102
marriage, nominate his or her spouse under the same option 103
elected in the application for retirement; or 104
(2) If the retired person executes an affidavit 105
attesting to the existence of the same -sex domestic 106
partnership at the time of the nomination of the beneficiary 107
and that the same-sex domestic partnership has since ended, 108
and the nominated same -sex domestic partner consents in 109
writing to his or her immediate removal as nominated 110
beneficiary and disclaims all rights to future benefits to 111
the satisfaction of the board of trustees or the p arties 112
obtain a court order or judgment after September 1, 2023, 113
which provides that the nominated beneficiary may be 114
removed, the retired person may, upon a later marriage, 115
nominate his or her spouse under the same option elected in 116
the application for retirement; 117
(3) In addition to the requirements of subdivision (2) 118
of this subsection, if the retired person and the nominated 119
beneficiary were legally married in a state that recognized 120
same-sex marriage at the time of retirement or have since 121
become legally married, the marriage must be dissolved and 122 HCS SS SB 75 126
the dissolution decree must provide for sole retention by 123
the retired person of all rights in the retirement allowance. 124
6. Any nomination of successor beneficiary under 125
subdivision (1) or (2) of subsection 5 of this section shall 126
be made in accordance with procedures established by the 127
board of trustees, and shall be filed within one year of 128
September 1, 2023, or within one year of the marriage of the 129
retired person and successor bene ficiary, whichever later 130
occurs. Upon receipt of a successor nomination filed in 131
accordance with those procedures, the board shall adjust the 132
retirement allowance to reflect actuarial considerations of 133
that nomination as well as previous beneficiary a nd 134
successor beneficiary nominations. 135
7. For purposes of this section, the definition of 136
"same-sex domestic partners" shall mean individuals of the 137
same sex who are at least eighteen years of age, who are not 138
related to a degree that would prohib it their marriage in 139
the law of the state where they reside, who are not married 140
to or a domestic partner of another person, and who live 141
together in a long-term relationship of indefinite duration 142
with an exclusive mutual commitment in which the domes tic 143
partners agree to be jointly responsible for their common 144
welfare and to share financial obligations. For purposes of 145
this section, "same-sex domestic partners" shall also 146
include individuals of the same sex who were legally married 147
in a state that recognized same-sex marriage. 148
173.1205. 1. Notwithstanding any other provision of 1
law, a for-profit or not-for-profit entity in which a public 2
institution of higher education holds an ownership or 3
membership interest shall not be deemed to be a public 4
governmental body, quasi -public governmental body, or part 5
of a public governmental body or quasi -public governmental 6 HCS SS SB 75 127
body or otherwise subject to chapter 610, if such entity is 7
engaged primarily in activities involving current o r 8
prospective commercialization of the skills or knowledge of 9
the institution's faculty or of the institution's research, 10
research capabilities, intellectual property, technology, or 11
technological resources, provided that the public 12
institution of higher education maintains as an open record 13
an annual report, available no later than October first each 14
year, identifying: 15
(1) The name and address of the entity, the amount of 16
funds paid to such entity by the institution, any 17
nonmonetary benefits received by the entity from the 18
institution, and the purpose for which such funds were paid 19
or benefits provided; 20
(2) The amount of funds received by the institution 21
from such entity; and 22
(3) Any employees of the institution who received 23
funds or other things of value from such entity and the 24
purpose and amount of such funds or other things of value. 25
2. This provision shall not be construed to broaden 26
the definition of public governmental body found in section 27
610.010, nor shall it otherwise be construed to mean, imply, 28
or suggest that any entity constitutes a public governmental 29
body unless such entity meets the definition of that term 30
found in section 610.010. 31
3. Notwithstanding any other provision of law, 32
meetings, records, and votes may be closed to the extent 33
that they relate to records or information submitted by an 34
individual, corporation, or other business entity to a 35
public institution of higher education in connection with a 36
proposal or agreement to license in tellectual property or 37
perform sponsored research, in connection with opportunities 38 HCS SS SB 75 128
for or results of collaboration involving students, faculty, 39
or staff, in connection with investments in or financial 40
transactions with business entities for investment purposes, 41
or in connection with activities by the public institution 42
of higher education to promote or pursue economic 43
development and which contain sales projections or other 44
business plan, financial information, or trade secrets the 45
disclosure of which may endanger the competitiveness of a 46
business. 47
285.1000. For purposes of sections 285.1000 to 1
285.1055, the following terms shall mean: 2
(1) "Administrative fund" or "Show -Me MyRetirement 3
Savings administrative fund", the Show-Me MyRetirement 4
Savings administrative fund described in section 285.1045; 5
(2) "Association", any legal association of 6
individuals, corporations, limited liability companies, 7
partnerships, associations, or other entities that has been 8
in continuous existence for at least one year; 9
(3) "Board", the Show-Me MyRetirement Savings board 10
established under section 285.1005; 11
(4) "Eligible employee", an individual who is employed 12
by a participating employer, who has wages or other 13
compensation that is allocable to the state, and who is 14
eighteen years of age or older. "Eligible employee" shall 15
not include any of the following: 16
(a) Any employee covered under the federal Railway 17
Labor Act, 45 U.S.C. Section 151; 18
(b) Any employee on whose behalf an employer makes 19
contributions to a multiemployer pension trust fund under 29 20
U.S.C. Section 186; or 21
(c) Any individual who is an employee of: 22
a. The federal government; 23 HCS SS SB 75 129
b. Any state government in the United States ; or 24
c. Any county, municipal corporation, or political 25
subdivision of any state in the United States; 26
(5) "Eligible employer", a person or entity engaged in 27
a business, industry, profession, trade, or other enterprise 28
in the state of Missou ri, whether for profit or not for 29
profit, provided that such a person or entity employs no 30
more than fifty employees. A person or entity that 31
qualifies as an eligible employer but that later employs 32
more than fifty employees shall be permitted to rema in an 33
eligible employer for a period of five years, beginning on 34
the date on which the person or entity first employs more 35
than fifty employees. After such five-year period has 36
ended, the person or entity shall immediately cease to 37
qualify as an eligible employer and shall be prohibited from 38
further participation in the plan unless the employer no 39
longer has more than fifty employees. An employer includes 40
an association and its members. For purposes of this 41
subdivision, an eligible employer shal l not include: 42
(a) The federal government; 43
(b) The state of Missouri; 44
(c) Any county, municipal corporation, or political 45
subdivision of the state of Missouri; or 46
(d) Five years after the commencement of the program, 47
an employer that maintains a specified tax -favored 48
retirement plan, other than the Show -Me MyRetirement Savings 49
plan, for its employees or that has effectively done so in 50
form and operation at any time within the current or two 51
preceding calendar years. If an employer does not maintain 52
a specified tax-favored retirement plan, other than the Show - 53
Me MyRetirement Savings plan, for a portion of a calendar 54
year ending on or after the effective date of sections 55 HCS SS SB 75 130
285.1000 to 285.1055 and adopts such a plan effective f or 56
the remainder of that calendar year, the employer shall not 57
be treated as an eligible employer for that remainder of the 58
year; 59
(6) "ERISA", the Employee Retirement Income Security 60
Act of 1974, as amended, 29 U.S.C. Section 1001 et seq.; 61
(7) "Internal Revenue Code", the Internal Revenue Code 62
of 1986, as amended; 63
(8) "Participant", an eligible employee or other 64
individual who has a balance credited to his or her account 65
under the plan; 66
(9) "Participating employer", an eligibl e employer 67
that is participating in the plan provided for by sections 68
285.1000 to 285.1055; 69
(10) "Plan" or "Show-Me MyRetirement Savings plan", 70
the multiple-employer retirement savings plan established by 71
sections 285.1000 to 285.1055, which shal l be treated as a 72
single plan under Title I of ERISA and is described in 73
Sections 401(a), 401(k), and 413(c) of the Internal Revenue 74
Code of 1986, as amended, in which multiple employers may 75
choose to participate regardless of whether any relationship 76
exists between and among the employers other than their 77
participation in the plan. Based on the context, the term 78
"plan" may also refer to multiple plans if multiple plans 79
are established under sections 285.1000 to 285.1055; 80
(11) "Self-employed individual", an individual who is 81
eighteen years of age or older, is self -employed, and has 82
self-employment income or other compensation from self - 83
employment that is allocable to the state of Missouri; 84
(12) "Specified tax-favored retirement plan", a 85
retirement plan that is tax -qualified under, or is described 86
in and satisfies the requirements of, Section 401(a), 87 HCS SS SB 75 131
401(k), 403(a), 403(b), 408(k)(Simplified Employee Pension), 88
or 408(p)(SIMPLE-IRA) of the Internal Revenue Code of 1986, 89
as amended; 90
(13) "Total fees and expenses", all fees, costs, and 91
expenses including, but not limited to, administrative 92
expenses, investment expenses, investment advice expenses, 93
accounting costs, actuarial costs, legal costs, marketing 94
expenses, education e xpenses, trading costs, insurance 95
annuitization costs, and other miscellaneous costs; 96
(14) "Trust", the trust in which the assets of the 97
plan are held. 98
285.1005. 1. The "Show-Me MyRetirement Savings Board" 1
is hereby establishe d in the office of the state treasurer. 2
2. The board shall consist of the following members, 3
with the state treasurer, or his or her designee, serving as 4
chair: 5
(1) The state treasurer, or his or her designee; 6
(2) An individual who has skill, knowledge, and 7
experience in the field of retirement savings and 8
investments, to be appointed by the governor with the advice 9
and consent of the senate; 10
(3) An individual who has skill, knowledge, and 11
experience relating to small business, to be appointed by 12
the governor with the advice and consent of the senate; 13
(4) Three members of the house of representatives, to 14
be appointed by the speaker of the house of representatives, 15
to include one representative from the minority party; a nd 16
(5) Three members of the senate, to be appointed by 17
the president pro tempore of the senate, to include one 18
senator from the minority party. 19
3. The governor, the president pro tempore of the 20
senate, and the speaker of the house of represe ntatives 21 HCS SS SB 75 132
shall make the respective initial appointments to the board 22
for terms of office beginning on January 1, 2024. 23
4. Members of the board appointed by the governor, the 24
president pro tempore of the senate, and the speaker of the 25
house of representatives shall serve at the pleasure of the 26
appointing authority. 27
5. The term of office of each member of the board 28
shall be four years. Any member is eligible to be 29
reappointed. If there is a vacancy for any reason, the 30
appropriate appointing authority shall make an appointment, 31
to become immediately effective, for the unexpired term. 32
6. All members of the board shall serve without 33
compensation and shall be reimbursed from the administrative 34
fund for necessary travel expenses incur red in carrying out 35
the duties of the board. 36
7. A majority of the voting members of the board shall 37
constitute a quorum for the transaction of business. 38
285.1010. 1. The board, subject to the authority 1
granted under sections 2 85.1000 to 285.1055, shall design, 2
develop, and implement the plan and, to that end, may 3
conduct market, legal, and feasibility analyses. 4
2. The members of the board shall be fiduciaries of 5
the plan under ERISA, and the board shall have the follow ing 6
powers, authorities, and duties: 7
(1) To establish, implement, and maintain the plan, in 8
each case acting on behalf of the state of Missouri, 9
including, in its discretion, more than one plan; 10
(2) To cause the plan, trust, and arrangements and 11
accounts established under the plan to be designed, 12
established, and operated: 13
(a) In accordance with best practices for retirement 14
savings vehicles; 15 HCS SS SB 75 133
(b) To encourage participation, saving, sound 16
investment practices, and appropriate s election of default 17
investments; 18
(c) To maximize simplicity and ease of administration 19
for eligible employers; 20
(d) To minimize costs, including by collective 21
investment and economies of scale; and 22
(e) To promote portability of benefits ; 23
(3) To arrange for collective, common, and pooled 24
investment of assets of the plan and trust, including 25
investments in conjunction with other funds with which 26
assets are permitted to be collectively invested, to save 27
costs through efficiencies and economies of scale; 28
(4) To develop and disseminate educational information 29
designed to educate participants and citizens about the 30
benefits of planning and saving for retirement and to help 31
participants and citizens decide the level of partici pation 32
and savings strategies that may be appropriate, including 33
information in furtherance of financial capability and 34
financial literacy; 35
(5) To adopt rules and regulations necessary or 36
advisable for the implementation of sections 285.1000 to 37
285.1055 and the administration and operation of the plan 38
consistent with the Internal Revenue Code and regulations 39
thereunder, including to ensure that the plan satisfies all 40
criteria for favorable federal tax -qualified treatment, and 41
complies, to the extent necessary, with ERISA and any other 42
applicable federal or Missouri law. Any rule or portion of 43
a rule, as that term is defined in section 536.010, that is 44
created under the authority delegated in this section shall 45
become effective only if it complies with and is subject to 46
all of the provisions of chapter 536 and, if applicable, 47 HCS SS SB 75 134
section 536.028. This section and chapter 536 are 48
nonseverable and if any of the powers vested with the 49
general assembly pursuant to chapter 536 to review, to del ay 50
the effective date, or to disapprove and annul a rule are 51
subsequently held unconstitutional, then the grant of 52
rulemaking authority and any rule proposed or adopted after 53
August 28, 2023, shall be invalid and void; 54
(6) To arrange for and faci litate compliance with the 55
plan or arrangements established thereunder with all 56
applicable requirements for the plan under the Internal 57
Revenue Code, ERISA, and any other applicable federal or 58
Missouri law and accounting requirements, and to provide or 59
arrange for assistance to eligible employers, eligible 60
employees, and self-employed individuals in complying with 61
applicable law and tax -related requirements in a cost - 62
effective manner. The board may establish any processes 63
deemed reasonably necessa ry or advisable to verify whether a 64
person or entity is an eligible employer, including 65
reference to online data and possible use of questions in 66
employer tax filings; 67
(7) To employ or retain a plan administrator; 68
executive director; staff; trust ee; record-keeper; 69
investment managers; investment advisors; and other 70
administrative, professional, and expert advisors and 71
service providers, none of whom shall be members of the 72
board and all of whom shall serve at the pleasure of the 73
board, which shall determine their duties and compensation. 74
The board may authorize the executive director and other 75
officials to oversee requests for proposals or other public 76
competitions and enter into contracts on behalf of the board 77
or conduct any business ne cessary for the efficient 78
operation of the plan or the board; 79 HCS SS SB 75 135
(8) To establish procedures for the timely and fair 80
resolution of participant and other disputes related to 81
accounts or program operation and, if necessary, determine 82
the eligibility of an employer, employee, or other 83
individual to participate in the plan; 84
(9) To develop and implement an investment policy that 85
defines the plan's investment objectives, consistent with 86
the objectives of the plan, and that provides for policies 87
and procedures consistent with those investment objectives; 88
(10) (a) To designate appropriate default investments 89
that include a mix of asset classes, such as target date and 90
balanced funds; 91
(b) To seek to minimize participant fees and expens es 92
of investment and administration; 93
(c) To strive to design and implement investment 94
options available to holders of accounts established as part 95
of the plan and other plan features that are intended to 96
achieve maximum possible income replacemen t balanced with an 97
appropriate level of risk, consistent with the investment 98
objectives under the investment policy. The investment 99
options may encompass a range of risk and return 100
opportunities and allow for a rate of return commensurate 101
with an appropriate level of risk in view of the investment 102
objectives under the policy. The menu of investment options 103
shall be determined taking into account the nature and 104
objectives of the plan, the desirability of limiting 105
investment choices under the plan to a reasonable number, 106
based on behavioral research findings, and the extensive 107
investment choices available to participants in the event 108
that funds roll over to an individual retirement account 109
(IRA) outside the program; and 110 HCS SS SB 75 136
(d) In accordance with subdivision (7) of this 111
subsection, the board, to the extent it deems necessary or 112
advisable, in carrying out its responsibilities and 113
exercising its powers under sections 285.1000 to 285.1055, 114
shall employ or retain appropriate entities or personn el to 115
assist or advise it or to whom to delegate the carrying out 116
of such responsibilities and exercising of such powers; 117
(11) To discharge its duties and see that the members 118
of the board discharge their duties with respect to the plan 119
solely in the interests of the participants as follows: 120
(a) For the exclusive purpose of providing benefits to 121
participants and defraying reasonable expenses of 122
administering the plan; and 123
(b) With the care, skill, prudence, and diligence 124
under the circumstances then prevailing that a prudent 125
person acting in a like capacity and familiar with those 126
matters would use in the conduct of an enterprise of a like 127
character and with like aims; 128
(12) To cause expenses incurred to initiate, 129
implement, maintain, and administer the plan to be paid from 130
contributions to, or investment returns or assets of the 131
plan or other moneys collected by or for the plan or 132
pursuant to arrangements established under the plan to the 133
extent permitted under federal a nd Missouri law; 134
(13) To collect application, account, or 135
administrative fees and to accept any grants, gifts, 136
legislative appropriations, loans, and other moneys from the 137
state of Missouri; any unit of federal, state, or local 138
government; or any other person, firm, or entity to defray 139
the costs of administering and operating the plan; 140
(14) To make and enter into competitively procured 141
contracts, agreements, or arrangements with; to collaborate 142 HCS SS SB 75 137
and cooperate with; and to retain, employ, a nd contract with 143
or for any of the following to the extent necessary or 144
desirable for the effective and efficient design, 145
implementation, and administration of the plan consistent 146
with the purposes set forth in sections 285.1000 to 285.1055 147
and to maximize outreach to eligible employers and eligible 148
employees: 149
(a) Services of private and public financial 150
institutions, depositories, consultants, actuaries, counsel, 151
auditors, investment advisors, investment administrators, 152
investment management firms, other investment firms, third - 153
party administrators, other professionals and service 154
providers, and state public retirement systems; 155
(b) Research, technical, financial, administrative, 156
and other services; and 157
(c) Services of other sta te agencies to assist the 158
board in the exercise of its powers and duties; 159
(15) To develop and implement an outreach plan to gain 160
input and disseminate information regarding the plan and 161
retirement savings in general; 162
(16) To cause moneys to be held and invested and 163
reinvested under the plan; 164
(17) To ensure that all contributions under the plan 165
shall be used only to: 166
(a) Pay benefits to participants under the plan; 167
(b) Pay the costs of administering the plan; and 168
(c) Make investments for the benefit of the plan, and 169
ensure that no assets of the plan or trust are transferred 170
to the general revenue fund or to any other fund of the 171
state or are otherwise encumbered or used for any purpose 172
other than those specified in this paragraph or section 173
285.1045; 174 HCS SS SB 75 138
(18) To make provisions for the payment of costs of 175
administration and operation of the program and trust; 176
(19) To evaluate the need for and procure as needed 177
insurance against any and all loss in connect ion with the 178
property, assets, or activities of the program, including 179
fiduciary liability coverage; 180
(20) To evaluate the need for and procure as needed 181
pooled private insurance; 182
(21) To indemnify, including procurement of insurance 183
as needed for this purpose, each member of the board from 184
personal loss or liability resulting from a member's action 185
or inaction as a member of the board and as a fiduciary; 186
(22) To collaborate with and evaluate the role of 187
financial advisors or other f inancial professionals, 188
including in assisting and providing guidance for covered 189
employees; and 190
(23) To carry out the powers and duties of the program 191
under sections 285.1000 to 285.1055 and exercise any and all 192
other powers as are appropriate t o effect the purposes, 193
objectives, and provisions of such sections pertaining to 194
the program. 195
3. A board member, program administrator, or other 196
staff of the board shall not: 197
(1) Directly or indirectly, have any interest in the 198
making of any investment under the program or in any gains 199
or profits accruing from any such investment; 200
(2) Borrow any program-related funds or deposits, or 201
use any such funds or deposits in any manner, for himself or 202
herself or as an agent or partner of oth ers; or 203
(3) Become an endorser, surety, or obligor on 204
investments made under the program. 205 HCS SS SB 75 139
4. Each board member shall be subject to the 206
provisions of sections 105.452 and 105.454. 207
285.1015. 1. The board shall, consistent w ith federal 1
law and regulation, adopt and implement the plan, which 2
shall remain in compliance with federal law and regulations 3
once implemented and shall be called the "Show -Me 4
MyRetirement Savings Plan". 5
2. In accordance with terms and conditio ns specified 6
and regulations promulgated by the board, the plan shall: 7
(1) Be set forth in documents prescribing the terms 8
and conditions of the plan; 9
(2) Be available on a voluntary basis to eligible 10
employers and self-employed individuals; 11
(3) Be available to eligible members of an association 12
who may elect to participate in the plan if the association 13
or its members do not maintain a plan or a specified tax - 14
favored retirement plan, other than the Show -Me MyRetirement 15
Savings plan; 16
(4) Enroll self-employed individuals who wish to 17
participate; 18
(5) Provide participants the option to terminate their 19
participation at any time; 20
(6) Allow voluntary pre-tax or designated Roth 401(k) 21
contributions; 22
(7) Allow voluntary employer contributions; 23
(8) Be overseen by the board and its designees; 24
(9) Be administered and managed by one or more 25
trustees, other fiduciaries, custodians, third -party 26
administrators, investment managers, record -keepers, or 27
other service providers; 28
(10) Provide on a uniform basis, if and when the board 29
so determines, in its discretion, for an increase of each 30 HCS SS SB 75 140
participant's contribution rate, by a minimum increment of 31
one percent of salary or wages per year, for each additio nal 32
year the participant is employed or is participating in the 33
plan up to the maximum percentage of such participant's 34
salary or wages that may be contributed to the plan under 35
federal law. Any such increases shall apply to 36
participants, as determin ed by the board, by default or only 37
if initiated by affirmative participant election; 38
(11) Provide for direct deposit of contributions into 39
investments under the plan. To the extent consistent with 40
ERISA, the investment alternatives under the pla n shall be 41
limited to an automatic investment for participants who do 42
not actively and affirmatively elect a particular investment 43
option, which unless the board provides otherwise, shall be 44
a diversified target date fund, including a series of such 45
diversified funds to apply to different participants 46
depending on their choice or their target retirement dates, 47
a principal-protected option, and at least four additional 48
investment alternatives as may be selected by the board in 49
its discretion. To the extent consistent with ERISA, the 50
investment options may, at the discretion of the board, 51
include a principal-protection fund as a temporary "security 52
corridor" option that applies as the sole initial investment 53
before participants may choose other i nvestments or as the 54
initial default investment for a specified period of time or 55
up to a specified dollar amount of contributions or account 56
balance; 57
(12) Be professionally managed; 58
(13) Provide for reports on the status of each 59
participant's account to be provided to each participant at 60
least quarterly and make best efforts to provide 61 HCS SS SB 75 141
participants frequent or continual online access to 62
information on the status of their accounts; 63
(14) When possible and practicable, use existing 64
employer and public infrastructure to facilitate 65
contributions, record keeping, and outreach and use pooled 66
or collective investment arrangements; 67
(15) Provide that each account holder owns the 68
contributions to or earnings on amounts contributed to his 69
or her account under the plan and that the state and 70
employers have no proprietary interest in those 71
contributions or earnings; 72
(16) Be designed and implemented in a manner 73
consistent with federal law to the extent that it applies; 74
(17) Make provisions for the participation in the plan 75
of individuals who are not employees, if allowed under 76
federal law; 77
(18) Establish rules and procedures governing the 78
distribution of funds from the plan, including such 79
distributions as may be permitted or required by the plan 80
and any applicable provisions of ERISA, the tax - 81
qualification rules, and the other tax laws, with the 82
objectives of maximizing financial security in retirement, 83
protecting spousal rights, and assisting participants to 84
effectively manage the decumulation of their savings and to 85
receive payment of their benefits under the plan. The board 86
shall have the authority, in its discretion, to provide for 87
one or more reasonably priced distribution options to 88
provide a source of fixed regular retirement income, 89
including income for life or for the participant's life 90
expectancy, or for joint lives and life expectancies, as 91
applicable; 92 HCS SS SB 75 142
(19) Establish rules and procedures promoting 93
portability of benefits, including the ability to make roll - 94
overs or transfers to and from the plan that are exempt from 95
federal income tax, provided that any roll -over is initiated 96
by participants; and 97
(20) Encourage choices by employers in the state to 98
adopt a specified tax -favored retirement plan, including the 99
plan. 100
285.1020. The board shall adopt rules to implement the 1
plan that: 2
(1) Establish the processes for enrollment and 3
contributions under the plan, including withholding by 4
participating employ ers of employee payroll deduction 5
contributions from wages and remittance for deposit to the 6
plan; voluntary contributions by others, including self - 7
employed individuals and independent contractors, through 8
payroll deduction or otherwise; the making of default 9
contributions using default investments; and participant 10
selection of alternative contribution rates or amounts and 11
alternative investments from among the options offered under 12
the plan; 13
(2) Conduct outreach to individuals, employers, ot her 14
stakeholders, and the public regarding the plan. The rules 15
shall specify the contents, frequency, timing, and means of 16
required disclosures from the plan to eligible employees, 17
participants, and self -employed individuals, eligible 18
employers, participating employers, and other interested 19
parties. These disclosures shall include, but not be 20
limited to: 21
(a) The benefits associated with tax -favored 22
retirement saving; 23 HCS SS SB 75 143
(b) The potential advantages and disadvantages 24
associated with parti cipating in the plan; 25
(c) Instructions for enrolling and making 26
contributions; 27
(d) The potential availability of a saver's tax 28
credit, including the eligibility conditions for the credit 29
and instructions on how to claim it; 30
(e) A disclaimer that employees seeking tax, 31
investment, or other financial advice should contact 32
appropriate professional advisors, and that participating 33
employers are not in a position to provide such advice and 34
are not liable for decisions individuals make in relation to 35
the plan; 36
(f) The potential implications of account balances 37
under the plan for the application of asset limits under 38
certain public assistance programs; 39
(g) A disclaimer that the account owner is solely 40
responsible for investm ent performance, including market 41
gains and losses, and that plan accounts and rates of return 42
are not guaranteed by any employer, the state, the board, 43
any board member or state official, or the plan; 44
(h) Any additional information about retireme nt and 45
saving and other information designed to promote financial 46
literacy and capability, which may take the form of links 47
to, or explanations of how to obtain, such information; and 48
(i) Instructions on how to obtain additional 49
information about the plan; and 50
(3) Ensure that the assets of the trust and plan shall 51
at all times be preserved, invested, and expended only for 52
the purposes set forth in sections 285.1000 to 285.1055, and 53
that no property rights therein shall exist in favor of t he 54
state, except as provided under section 285.1045. 55 HCS SS SB 75 144
285.1025. An eligible employer, a participating 1
employer, or other employer is not and shall not be liable 2
for or bear responsibility for: 3
(1) An employee's decision as to wh ich investments to 4
choose; 5
(2) Participants' or the board's investment decisions; 6
(3) The administration, investment, investment 7
returns, or investment performance of the plan including, 8
but not limited to, any interest rate or other rate of 9
return on any contribution or account balance, provided that 10
the eligible employer, participating employer, or other 11
employer is not involved in the administration or investment 12
of the plan; 13
(4) The plan design or the benefits paid to 14
participants; or 15
(5) Any loss, failure to realize any gain, or any 16
other adverse consequences including, but not limited to, 17
any adverse tax consequences or loss of favorable tax 18
treatment, public assistance, or other benefits, incurred by 19
any person solely and directly as a result of participating 20
in the plan. 21
285.1030. 1. The state of Missouri; the board; each 1
member of the board; any other state official, state board, 2
commission, and agency; any member, officer, and employee 3
thereof; and the plan: 4
(1) Shall not guarantee any interest rate or other 5
rate of return on or investment performance of any 6
contribution or account balance; and 7
(2) Shall not be liable or responsible for any loss, 8
deficiency, failure to realiz e any gain, or any other 9
adverse consequences including, but not limited to, any 10
adverse tax consequences or loss of favorable tax treatment, 11 HCS SS SB 75 145
public assistance, or other benefits, incurred by any person 12
as a result of participating in the plan. 13
2. The debts, contracts, and obligations of the plan 14
or the board are not the debts, contracts, and obligations 15
of the state, and neither the faith and credit nor the 16
taxing power of the state is pledged directly or indirectly 17
to the payment of the debt s, contracts, and obligations of 18
the plan or the board. 19
3. Nothing in sections 285.1000 to 285.1055 shall be 20
construed to guarantee any interest rate or other rate of 21
return on or investment performance of any contribution or 22
account balance. 23
285.1035. 1. Individual account information relating 1
to accounts under the plan and relating to individual 2
participants including, but not limited to, names, 3
addresses, telephone numbers, email addresses, personal 4
identification information, investments, contributions, and 5
earnings shall be confidential and shall be maintained as 6
confidential, provided that such information may be 7
disclosed: 8
(1) To the extent necessary to administer the plan in 9
a manner consistent with se ctions 285.1000 to 285.1055, 10
ERISA, the Internal Revenue Code, or any other federal or 11
Missouri law; or 12
(2) If the individual who provides the information or 13
who is the subject of the information expressly agrees in 14
writing to the disclosure of t he information. 15
2. Information required to be confidential under 16
subsection 1 of this section shall be considered a "closed 17
record" as that term is defined in section 610.010, 18
regardless as to whether such information has been disclosed 19
as allowed by subsection 1 of this section. 20 HCS SS SB 75 146
285.1040. The board may enter into an 1
intergovernmental agreement or memorandum of understanding 2
with the state of Missouri, another state or states, and any 3
agency thereof to receive outreach, tech nical assistance, 4
enforcement and compliance services, collection or 5
dissemination of information pertinent to the plan, subject 6
to such obligations of confidentiality as may be agreed or 7
required by law, or other services or assistance. The state 8
of Missouri, another state or states, and any agency thereof 9
that enters into such agreements or memoranda of 10
understanding shall collaborate to provide the outreach, 11
assistance, information, and compliance or other services or 12
assistance to the board. The memoranda of understanding may 13
cover the sharing of costs incurred in gathering and 14
disseminating information and the reimbursement of costs for 15
any enforcement activities or assistance. 16
285.1045. 1. There is hereby created in t he state 1
treasury the "Show-Me MyRetirement Savings Administrative 2
Fund", which shall consist of moneys collected under this 3
section. The state treasurer shall be custodian of the 4
fund. In accordance with sections 30.170 and 30.180, the 5
state treasurer may approve disbursements. Subject to 6
appropriation, moneys in the fund shall be distributed by 7
the state treasurer solely for the administration of 8
sections 285.1000 to 285.1055. 9
2. Notwithstanding the provisions of section 33.080 to 10
the contrary, any moneys remaining in the fund at the end of 11
the biennium shall not revert to the credit of the general 12
revenue fund. 13
3. The state treasurer shall invest moneys in the fund 14
in the same manner as other funds are invested. Any 15 HCS SS SB 75 147
interest and moneys earned on such investments shall be 16
credited to the fund. 17
4. The Show-Me MyRetirement Savings administrative 18
fund shall consist of: 19
(1) Moneys appropriated to the administrative fund by 20
the general assembly; 21
(2) Moneys transferred to the administrative fund from 22
the federal government, other state agencies, or local 23
governments; 24
(3) Moneys from the payment of application, account, 25
administrative, or other fees and the payment of other 26
moneys due to the board; 27
(4) Any gifts, donations, or grants made to the state 28
of Missouri for deposit in the administrative fund; 29
(5) Moneys collected for the administrative fund from 30
contributions to, or investment returns or assets of, the 31
plan or other moneys collected by or for the plan or 32
pursuant to arrangements established under the plan to the 33
extent permitted under federal and Missouri law; and 34
(6) Earnings on moneys in the administrative fund. 35
5. To the extent consistent with ERISA, the tax 36
qualification rules, and other federal law, the board shall 37
accept any grants, gifts, appropriations, or other moneys 38
from the state; any unit of federal, state, or local 39
government; or any other person, firm, partnership, 40
corporation, or other entity solely for deposit into the 41
administrative fund, whether for investment or 42
administrative expenses. 43
6. To enable or facilitate the start -up and continuing 44
operation, maintenance, administration, and management of 45
the program until the plan accumulates s ufficient balances 46
and can generate sufficient funding through fees assessed on 47 HCS SS SB 75 148
program accounts for the plan to become financially self - 48
sustaining: 49
(1) The board may borrow from the state of Missouri; 50
any unit of federal, state, or local governm ent; or any 51
other person, firm, partnership, corporation, or other 52
entity working capital funds and other funds as may be 53
necessary for this purpose, provided that such funds are 54
borrowed in the name of the plan and board only and that any 55
such borrowings shall be payable solely from the revenues of 56
the plan; and 57
(2) The board may enter into long -term procurement 58
contracts with one or more financial providers that provide 59
a fee structure that would assist the plan in avoiding or 60
minimizing the need to borrow or to rely upon general assets 61
of the state. 62
7. Subject to appropriation, the state of Missouri may 63
pay administrative costs associated with the creation, 64
maintenance, operation, and management of the plan and trust 65
until sufficient assets are available in the administrative 66
fund for that purpose. Thereafter, all administrative costs 67
of the administrative fund, including any repayment of start - 68
up funds provided by the state of Missouri, shall be repaid 69
only out of moneys on d eposit therein. However, private 70
funds or federal funding received in order to implement the 71
program until the administrative fund is self -sustaining 72
shall not be repaid unless those funds were offered 73
contingent upon the promise of such repayment. 74
8. The board may use the moneys in the administrative 75
fund solely to pay the administrative costs and expenses of 76
the plan and the administrative costs and expenses the board 77
incurs in the performance of its duties under sections 78
285.1000 to 285.1055. 79 HCS SS SB 75 149
9. The state treasurer's office shall follow the 80
competitive bids procedure adopted by the office of 81
administration for the following: 82
(1) The contracting or hiring of a contractor with the 83
relevant skills, knowledge, and expertise deter mined by the 84
board for managing the program, every five years; and 85
(2) At the state treasurer's discretion, the 86
contracting or hiring of a contractor who has qualified 87
staff with the relevant skills, knowledge, and expertise as 88
determined by the state treasurer's office when the number 89
of the participants in the plan reaches fifty thousand 90
participants. 91
The office of administration is authorized to provide the 92
state treasurer's office with the necessary assistance and 93
services as may be needed . 94
285.1050. 1. The board shall keep an accurate account 1
of all the activities, operations, receipts, and 2
expenditures of the plan, the trust, and the board. Each 3
year, a full audit of the books and accounts of the board 4
pertaining to those activities, operations, receipts and 5
expenditures, personnel, services, or facilities shall be 6
conducted by a certified public accountant and shall 7
include, but not be limited to, direct and indirect costs 8
attributable to the use of outside c onsultants, independent 9
contractors, and any other persons who are not state 10
employees for the administration of the plan. For the 11
purposes of the audit, the auditors shall have access to the 12
properties and records of the plan and board and may 13
prescribe methods of accounting and the rendering of 14
periodic reports in relation to projects undertaken by the 15
plan. 16 HCS SS SB 75 150
2. By August first of each year, the board shall 17
submit to the governor, the state treasurer, the president 18
pro tempore of the senate , and the speaker of the house of 19
representatives a public report on the operation of the plan 20
and trust and activities of the board, including an audited 21
financial report, prepared in accordance with generally 22
accepted accounting principles, detailing the activities, 23
operations, receipts, and expenditures of the plan and board 24
during the preceding calendar year. The report shall also 25
include a summary of the benefits provided by the plan, the 26
number of participants, average account balance, the nu mber 27
of participating employers, the contribution formulas and 28
amounts of contributions made by participants and by each 29
participating employer, the withdrawals, the account 30
balances, total assets under management, investments, 31
investment returns, fee s and expenses associated with the 32
investments and with the administration of the plan, 33
projected activities of the plan for the current calendar 34
year, and any other information regarding the plan and its 35
operations that the board may determine to prov ide. 36
285.1055. 1. The board shall establish the plan so 1
that individuals are able to begin contributing under the 2
plan on or before September 1, 2025. 3
2. The board may, in its discretion, phase in the plan 4
so that the ability to contribute first applies on different 5
dates for different classes of individuals, including 6
employees of employers of different sizes or types and 7
individuals who are not employees; provided that, any such 8
staged or phased-in implementation schedule shall be 9
substantially completed on or before September 1, 2025. 10
476.521. 1. Notwithstanding any provision of chapter 1
476 to the contrary, each person who first becomes a judge 2 HCS SS SB 75 151
on or after January 1, 2011, and continues to be a jud ge may 3
receive benefits as provided in sections 476.445 to 476.688 4
subject to the provisions of this section. 5
2. Any person who is at least sixty -seven years of 6
age, has served in this state an aggregate of at least 7
twelve years, continuously or otherwise, as a judge, and 8
ceases to hold office by reason of the expiration of the 9
judge's term, voluntary resignation, or retirement pursuant 10
to the provisions of Subsection 2 of Section 24 of Article V 11
of the Constitution of Missouri may receive ben efits as 12
provided in sections 476.515 to 476.565. The twelve-year 13
requirement of this subsection may be fulfilled by service 14
as judge in any of the courts covered, or by service in any 15
combination as judge of such courts, totaling an aggregate 16
of twelve years. Any judge who is at least sixty -seven 17
years of age and who has served less than twelve years and 18
is otherwise qualified under sections 476.515 to 476.565 may 19
retire after reaching age sixty -seven, or thereafter, at a 20
reduced retirement comp ensation in a sum equal to the 21
proportion of the retirement compensation provided in 22
section 476.530 that his or her period of judicial service 23
bears to twelve years. 24
3. Any person who is at least sixty -two years of age 25
or older, has served in th is state an aggregate of at least 26
twenty years, continuously or otherwise, as a judge, and 27
ceases to hold office by reason of the expiration of the 28
judge's term, voluntary resignation, or retirement pursuant 29
to the provisions of Subsection 2 of Section 24 of Article V 30
of the Constitution of Missouri may receive benefits as 31
provided in sections 476.515 to 476.565. The twenty-year 32
requirement of this subsection may be fulfilled by service 33
as a judge in any of the courts covered, or by service in 34 HCS SS SB 75 152
any combination as judge of such courts, totaling an 35
aggregate of twenty years. Any judge who is at least sixty - 36
two years of age and who has served less than twenty years 37
and is otherwise qualified under sections 476.515 to 476.565 38
may retire after reach ing age sixty-two, at a reduced 39
retirement compensation in a sum equal to the proportion of 40
the retirement compensation provided in section 476.530 that 41
his or her period of judicial service bears to twenty years. 42
4. All judges under this section required by the 43
provisions of Section 26 of Article V of the Constitution of 44
Missouri to retire at the age of seventy years shall retire 45
upon reaching that age. 46
5. The provisions of sections 104.344, 476.524, and 47
476.690 shall not apply to judges covered by this section. 48
6. A judge shall be required to contribute four 49
percent of the judge's compensation to the retirement 50
system, which shall stand to the judge's credit in his or 51
her individual account with the system, together with 52
investment credits thereon, for purposes of funding 53
retirement benefits payable as provided in sections 476.515 54
to 476.565, subject to the following provisions: 55
(1) The state of Missouri employer, pursuant to the 56
provisions of 26 U.S.C. Section 414(h)(2 ), shall pick up and 57
pay the contributions that would otherwise be payable by the 58
judge under this section. The contributions so picked up 59
shall be treated as employer contributions for purposes of 60
determining the judge's compensation that is includab le in 61
the judge's gross income for federal income tax purposes; 62
(2) Judge contributions picked up by the employer 63
shall be paid from the same source of funds used for the 64
payment of compensation to a judge. A deduction shall be 65
made from each judge's compensation equal to the amount of 66 HCS SS SB 75 153
the judge's contributions picked up by the employer. This 67
deduction, however, shall not reduce the judge's 68
compensation for purposes of computing benefits under the 69
retirement system pursuant to this chapter; 70
(3) Judge contributions so picked up shall be credited 71
to a separate account within the judge's individual account 72
so that the amounts contributed pursuant to this section may 73
be distinguished from the amounts contributed on an after - 74
tax basis; 75
(4) The contributions, although designated as employee 76
contributions, are being paid by the employer in lieu of the 77
contributions by the judge. The judge shall not have the 78
option of choosing to receive the contributed amounts 79
directly instead of having them paid by the employer to the 80
retirement system; 81
(5) Interest shall be credited annually on June 82
thirtieth based on the value in the account as of July first 83
of the immediately preceding year at a rate of four 84
percent. Effective June 30, 2024, and each June thirtieth 85
thereafter, the interest crediting rate shall be equal to 86
the investment rate that is published by the United States 87
Department of Treasury, or its successor agency, for fifty - 88
two-week treasury bills for the relevant a uction that is 89
nearest to the preceding July first, or a successor treasury 90
bill investment rate as approved by the board if the fifty - 91
two-week treasury bill is no longer issued. Interest 92
credits shall cease upon retirement or death of the judge; 93
(6) A judge whose employment is terminated may request 94
a refund of his or her contributions and interest credited 95
thereon. If such judge is married at the time of such 96
request, such request shall not be processed without consent 97
from the spouse. A judge is not eligible to request a 98 HCS SS SB 75 154
refund if the judge's retirement benefit is subject to a 99
division of benefit order pursuant to section 104.312. Such 100
refund shall be paid by the system after ninety days from 101
the date of termination of employment or the request, 102
whichever is later and shall include all contributions made 103
to any retirement plan administered by the system and 104
interest credited thereon. A judge may not request a refund 105
after such judge becomes eligible for retirement benefits 106
under sections 476.515 to 476.565. A judge who receives a 107
refund shall forfeit all the judge's service and future 108
rights to receive benefits from the system and shall not be 109
eligible to receive any long -term disability benefits; 110
provided that any judge or former judge receiving long -term 111
disability benefits shall not be eligible for a refund. If 112
such judge subsequently becomes a judge and works 113
continuously for at least one year, the service previously 114
forfeited shall be restored if the judge returns t o the 115
system the amount previously refunded plus interest at a 116
rate established by the board; 117
(7) The beneficiary of any judge who made 118
contributions shall receive a refund upon the judge's death 119
equal to the amount, if any, of such contributions and 120
interest credited thereon, less any retirement benefits 121
received by the judge unless an annuity is payable to a 122
survivor or beneficiary as a result of the judge's death. 123
In that event, the beneficiary of the survivor or 124
beneficiary who received the annuity shall receive a refund 125
upon the survivor's or beneficiary's death equal to the 126
amount, if any, of the judge's contributions less any 127
annuity amounts received by the judge and the survivor or 128
beneficiary. 129 HCS SS SB 75 155
7. The employee contribution r ate, the benefits 130
provided under sections 476.515 to 476.565 to judges covered 131
under this section, and any other provision of sections 132
476.515 to 476.565 with regard to judges covered under this 133
section may be altered, amended, increased, decreased, or 134
repealed, but only with respect to services rendered by the 135
judge after the effective date of such alteration, 136
amendment, increase, decrease, or repeal, or, with respect 137
to interest credits, for periods of time after the effective 138
date of such alteration, amendment, increase, decrease, or 139
repeal. 140
8. Any judge who is receiving retirement compensation 141
under section 476.529 or 476.530 who becomes employed as an 142
employee eligible to participate in the closed plan or in 143
the year 2000 plan under c hapter 104, shall not receive such 144
retirement compensation for any calendar month in which the 145
retired judge is so employed. Any judge who is receiving 146
retirement compensation under section 476.529 or section 147
476.530 who subsequently serves as a judge as defined 148
pursuant to subdivision (4) of subsection 1 of section 149
476.515 shall not receive such retirement compensation for 150
any calendar month in which the retired judge is serving as 151
a judge; except that upon retirement such judge's annuity 152
shall be recalculated to include any additional service or 153
salary accrued based on the judge's subsequent service. A 154
judge who is receiving compensation under section 476.529 or 155
476.530 may continue to receive such retirement compensation 156
while serving as a senior judge or senior commissioner and 157
shall receive additional credit and salary for such service 158
pursuant to section 476.682. 159
[104.130. Upon the death of a retired 1
member, the board shall pay to such member's 2
designated beneficia ries or to his estate a 3 HCS SS SB 75 156
death benefit equal to the excess, if any, of 4
the accumulated contributions of the member at 5
retirement over the total amount of retirement 6
benefits received by such member prior to his 7
death.] 8
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