1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 474 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR NURRENBERN. |
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6 | 6 | | 0379S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To repeal section 169.070, RSMo, and to enact in lieu thereof one new section relating to public |
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9 | 9 | | school retirement systems. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Section 169.070, RSMo, is repealed and one new 1 |
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13 | 13 | | section enacted in lieu thereof, to be known as section 169.070, 2 |
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14 | 14 | | to read as follows:3 |
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15 | 15 | | 169.070. 1. The retirement allowance of a member 1 |
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16 | 16 | | whose age at retirement is sixty years or more and whose 2 |
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17 | 17 | | creditable service is five years o r more, or whose sum of 3 |
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18 | 18 | | age and creditable service equals eighty years or more, or 4 |
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19 | 19 | | who has attained age fifty -five and whose creditable service 5 |
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20 | 20 | | is twenty-five years or more or whose creditable service is 6 |
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21 | 21 | | thirty years or more regardless of age, may be t he sum of 7 |
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22 | 22 | | the following items, not to exceed one hundred percent of 8 |
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23 | 23 | | the member's final average salary: 9 |
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24 | 24 | | (1) Two and five-tenths percent of the member's final 10 |
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25 | 25 | | average salary for each year of membership service; 11 |
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26 | 26 | | (2) Six-tenths of the amount pay able for a year of 12 |
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27 | 27 | | membership service for each year of prior service not 13 |
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28 | 28 | | exceeding thirty years. 14 |
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29 | 29 | | In lieu of the retirement allowance otherwise provided in 15 |
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30 | 30 | | subdivisions (1) and (2) of this subsection, a member may 16 |
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31 | 31 | | elect to receive a retirement allowance of: 17 SB 474 2 |
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32 | 32 | | (3) Two and four-tenths percent of the member's final 18 |
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33 | 33 | | average salary for each year of membership service, if the 19 |
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34 | 34 | | member's creditable service is twenty -nine years or more but 20 |
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35 | 35 | | less than thirty years, and the member has not attained age 21 |
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36 | 36 | | fifty-five; 22 |
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37 | 37 | | (4) Two and thirty-five-hundredths percent of the 23 |
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38 | 38 | | member's final average salary for each year of membership 24 |
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39 | 39 | | service, if the member's creditable service is twenty -eight 25 |
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40 | 40 | | years or more but less than twenty -nine years, and the 26 |
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41 | 41 | | member has not attained age fifty-five; 27 |
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42 | 42 | | (5) Two and three-tenths percent of the member's final 28 |
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43 | 43 | | average salary for each year of membership service, if the 29 |
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44 | 44 | | member's creditable service is twenty -seven years or more 30 |
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45 | 45 | | but less than twenty -eight years, and the member has not 31 |
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46 | 46 | | attained age fifty-five; 32 |
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47 | 47 | | (6) Two and twenty-five-hundredths percent of the 33 |
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48 | 48 | | member's final average salary for each year of membership 34 |
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49 | 49 | | service, if the member's creditable service is twenty -six 35 |
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50 | 50 | | years or more but less than twenty -seven years, and the 36 |
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51 | 51 | | member has not attained age fifty -five; 37 |
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52 | 52 | | (7) Two and two-tenths percent of the member's final 38 |
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53 | 53 | | average salary for each year of membership service, if the 39 |
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54 | 54 | | member's creditable service is twenty -five years or more but 40 |
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55 | 55 | | less than twenty-six years, and the member has not attained 41 |
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56 | 56 | | age fifty-five; 42 |
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57 | 57 | | (8) Two and fifty-five hundredths percent of the 43 |
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58 | 58 | | member's final average salary for each year of membership 44 |
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59 | 59 | | service, if the member's creditable service is thirty -two 45 |
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60 | 60 | | years or more regardless of age ; 46 |
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61 | 61 | | (9) Two and six-tenths percent of the member's final 47 |
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62 | 62 | | average salary for each year of membership service, if the 48 SB 474 3 |
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63 | 63 | | member's creditable service is thirty -three years or more 49 |
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64 | 64 | | regardless of age. 50 |
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65 | 65 | | 2. In lieu of the retirement allowance provided in 51 |
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66 | 66 | | subsection 1 of this section, a member whose age is sixty 52 |
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67 | 67 | | years or more on September 28, 1975, may elect to have the 53 |
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68 | 68 | | member's retirement allowance calculated as a sum of the 54 |
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69 | 69 | | following items: 55 |
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70 | 70 | | (1) Sixty cents plus one and five -tenths percent of 56 |
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71 | 71 | | the member's final average salary for each year of 57 |
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72 | 72 | | membership service; 58 |
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73 | 73 | | (2) Six-tenths of the amount payable for a year of 59 |
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74 | 74 | | membership service for each year of prior service not 60 |
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75 | 75 | | exceeding thirty years; 61 |
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76 | 76 | | (3) Three-fourths of one percent of the sum of 62 |
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77 | 77 | | subdivisions (1) and (2) of this subsection for each month 63 |
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78 | 78 | | of attained age in excess of sixty years but not in excess 64 |
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79 | 79 | | of age sixty-five. 65 |
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80 | 80 | | 3. (1) In lieu of the retirement allowance provided 66 |
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81 | 81 | | either in subsection 1 or 2 of this section, collecti vely 67 |
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82 | 82 | | called "option 1", a member whose creditable service is 68 |
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83 | 83 | | twenty-five years or more or who has attained the age of 69 |
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84 | 84 | | fifty-five with five or more years of creditable service may 70 |
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85 | 85 | | elect in the member's application for retirement to receive 71 |
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86 | 86 | | the actuarial equivalent of the member's retirement 72 |
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87 | 87 | | allowance in reduced monthly payments for life during 73 |
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88 | 88 | | retirement with the provision that: 74 |
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89 | 89 | | Option 2. 75 |
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90 | 90 | | Upon the member's death the reduced retirement 76 |
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91 | 91 | | allowance shall be continued throughout the life of and paid 77 |
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92 | 92 | | to such person as has an insurable interest in the life of 78 |
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93 | 93 | | the member as the member shall have nominated in the 79 |
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94 | 94 | | member's election of the option, and provided further that 80 SB 474 4 |
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95 | 95 | | if the person so nominated dies before the retired member, 81 |
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96 | 96 | | the retirement allowa nce will be increased to the amount the 82 |
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97 | 97 | | retired member would be receiving had the retired member 83 |
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98 | 98 | | elected option 1; or 84 |
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99 | 99 | | Option 3. 85 |
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100 | 100 | | Upon the death of the member three -fourths of the 86 |
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101 | 101 | | reduced retirement allowance shall be continued throughout 87 |
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102 | 102 | | the life of and paid to such person as has an insurable 88 |
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103 | 103 | | interest in the life of the member and as the member shall 89 |
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104 | 104 | | have nominated in an election of the option, and provided 90 |
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105 | 105 | | further that if the person so nominated dies before the 91 |
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106 | 106 | | retired member, the retirement al lowance will be increased 92 |
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107 | 107 | | to the amount the retired member would be receiving had the 93 |
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108 | 108 | | member elected option 1; or 94 |
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109 | 109 | | Option 4. 95 |
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110 | 110 | | Upon the death of the member one -half of the reduced 96 |
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111 | 111 | | retirement allowance shall be continued throughout the life 97 |
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112 | 112 | | of, and paid to, such person as has an insurable interest in 98 |
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113 | 113 | | the life of the member and as the member shall have 99 |
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114 | 114 | | nominated in an election of the option, and provided further 100 |
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115 | 115 | | that if the person so nominated dies before the retired 101 |
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116 | 116 | | member, the retirement allowance shall be increased to the 102 |
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117 | 117 | | amount the retired member would be receiving had the member 103 |
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118 | 118 | | elected option 1; or 104 |
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119 | 119 | | Option 5. 105 |
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120 | 120 | | Upon the death of the member prior to the member having 106 |
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121 | 121 | | received one hundred twenty monthly payments of the member's 107 |
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122 | 122 | | reduced allowance, the remainder of the one hundred twenty 108 |
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123 | 123 | | monthly payments of the reduced allowance shall be paid to 109 |
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124 | 124 | | such beneficiary as the member shall have nominated in the 110 |
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125 | 125 | | member's election of the option or in a subsequent 111 |
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126 | 126 | | nomination. If there is no beneficia ry so nominated who 112 SB 474 5 |
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127 | 127 | | survives the member for the remainder of the one hundred 113 |
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128 | 128 | | twenty monthly payments, the total of the remainder of such 114 |
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129 | 129 | | one hundred twenty monthly payments shall be paid to the 115 |
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130 | 130 | | surviving spouse, surviving children in equal shares, 116 |
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131 | 131 | | surviving parents in equal shares, or estate of the last 117 |
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132 | 132 | | person, in that order of precedence, to receive a monthly 118 |
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133 | 133 | | allowance in a lump sum payment. If the total of the one 119 |
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134 | 134 | | hundred twenty payments paid to the retired individual and 120 |
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135 | 135 | | the beneficiary of the retired individual is less than the 121 |
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136 | 136 | | total of the member's accumulated contributions, the 122 |
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137 | 137 | | difference shall be paid to the beneficiary in a lump sum; or 123 |
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138 | 138 | | Option 6. 124 |
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139 | 139 | | Upon the death of the member prior to the member having 125 |
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140 | 140 | | received sixty monthly payments of the member's reduced 126 |
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141 | 141 | | allowance, the remainder of the sixty monthly payments of 127 |
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142 | 142 | | the reduced allowance shall be paid to such beneficiary as 128 |
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143 | 143 | | the member shall have nominated in the member's election of 129 |
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144 | 144 | | the option or in a subsequent nomination. If there is no 130 |
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145 | 145 | | beneficiary so nominated who survives the member for the 131 |
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146 | 146 | | remainder of the sixty monthly payments, the total of the 132 |
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147 | 147 | | remainder of such sixty monthly payments shall be paid to 133 |
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148 | 148 | | the surviving spouse, surviving children in equal shares, 134 |
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149 | 149 | | surviving parents in equal shares, or estate of the last 135 |
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150 | 150 | | person, in that order of precedence, to receive a monthly 136 |
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151 | 151 | | allowance in a lump sum payment. If the total of the sixty 137 |
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152 | 152 | | payments paid to the retired individual and the beneficiary 138 |
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153 | 153 | | of the retired individual is less than the total of the 139 |
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154 | 154 | | member's accumulated contributions, the difference shall be 140 |
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155 | 155 | | paid to the beneficiary in a lump sum. 141 |
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156 | 156 | | (2) The election of an option may be made only in the 142 |
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157 | 157 | | application for retirement and such application must be 143 |
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158 | 158 | | filed prior to the date on which the retirement of the 144 SB 474 6 |
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159 | 159 | | member is to be effective. If either the member or the 145 |
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160 | 160 | | person nominated to receive the survivorship payments dies 146 |
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161 | 161 | | before the effective date of retirement, the option shall 147 |
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162 | 162 | | not be effective, provided that: 148 |
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163 | 163 | | (a) If the member or a person retired on disability 149 |
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164 | 164 | | retirement dies after acquiring twenty -five or more years of 150 |
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165 | 165 | | creditable service or after attaining the age of fifty -five 151 |
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166 | 166 | | years and acquiring five or more years of creditable service 152 |
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167 | 167 | | and before retirement, except retirement with disability 153 |
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168 | 168 | | benefits, and the person named by the member as the member's 154 |
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169 | 169 | | beneficiary has an insurable interest in the life of the 155 |
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170 | 170 | | deceased member, the designated beneficiary may elect to 156 |
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171 | 171 | | receive either survivorship benef its under option 2 or a 157 |
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172 | 172 | | payment of the accumulated contributions of the member. If 158 |
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173 | 173 | | survivorship benefits under option 2 are elected and the 159 |
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174 | 174 | | member at the time of death would have been eligible to 160 |
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175 | 175 | | receive an actuarial equivalent of the member's retirem ent 161 |
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176 | 176 | | allowance, the designated beneficiary may further elect to 162 |
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177 | 177 | | defer the option 2 payments until the date the member would 163 |
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178 | 178 | | have been eligible to receive the retirement allowance 164 |
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179 | 179 | | provided in subsection 1 or 2 of this section; 165 |
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180 | 180 | | (b) If the member or a person retired on disability 166 |
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181 | 181 | | retirement dies before attaining age fifty -five but after 167 |
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182 | 182 | | acquiring five but fewer than twenty -five years of 168 |
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183 | 183 | | creditable service, and the person named as the member's 169 |
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184 | 184 | | beneficiary has an insurable interest in the life of th e 170 |
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185 | 185 | | deceased member, the designated beneficiary may elect to 171 |
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186 | 186 | | receive either a payment of the member's accumulated 172 |
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187 | 187 | | contributions, or survivorship benefits under option 2 to 173 |
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188 | 188 | | begin on the date the member would first have been eligible 174 |
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189 | 189 | | to receive an actuari al equivalent of the member's 175 |
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190 | 190 | | retirement allowance, or to begin on the date the member 176 SB 474 7 |
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191 | 191 | | would first have been eligible to receive the retirement 177 |
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192 | 192 | | allowance provided in subsection 1 or 2 of this section. 178 |
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193 | 193 | | 4. If the total of the retirement or disabilit y 179 |
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194 | 194 | | allowance paid to an individual before the death of the 180 |
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195 | 195 | | individual is less than the accumulated contributions at the 181 |
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196 | 196 | | time of retirement, the difference shall be paid to the 182 |
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197 | 197 | | beneficiary of the individual, or to the surviving spouse, 183 |
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198 | 198 | | surviving children in equal shares, surviving parents in 184 |
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199 | 199 | | equal shares, or estate of the individual in that order of 185 |
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200 | 200 | | precedence. If an optional benefit as provided in option 2, 186 |
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201 | 201 | | 3 or 4 in subsection 3 of this section had been elected, and 187 |
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202 | 202 | | the beneficiary dies after rece iving the optional benefit, 188 |
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203 | 203 | | and if the total retirement allowance paid to the retired 189 |
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204 | 204 | | individual and the beneficiary of the retired individual is 190 |
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205 | 205 | | less than the total of the contributions, the difference 191 |
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206 | 206 | | shall be paid to the surviving spouse, surviving children in 192 |
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207 | 207 | | equal shares, surviving parents in equal shares, or estate 193 |
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208 | 208 | | of the beneficiary, in that order of precedence, unless the 194 |
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209 | 209 | | retired individual designates a different recipient with the 195 |
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210 | 210 | | board at or after retirement. 196 |
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211 | 211 | | 5. If a member dies and his or her financial 197 |
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212 | 212 | | institution is unable to accept the final payment or 198 |
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213 | 213 | | payments due to the member, the final payment or payments 199 |
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214 | 214 | | shall be paid to the beneficiary of the member or, if there 200 |
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215 | 215 | | is no beneficiary, to the surviving spouse, surviving 201 |
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216 | 216 | | children in equal shares, surviving parents in equal shares, 202 |
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217 | 217 | | or estate of the member, in that order of precedence, unless 203 |
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218 | 218 | | otherwise stated. If the beneficiary of a deceased member 204 |
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219 | 219 | | dies and his or her financial institution is unable to 205 |
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220 | 220 | | accept the final paym ent or payments, the final payment or 206 |
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221 | 221 | | payments shall be paid to the surviving spouse, surviving 207 |
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222 | 222 | | children in equal shares, surviving parents in equal shares, 208 SB 474 8 |
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223 | 223 | | or estate of the member, in that order of precedence, unless 209 |
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224 | 224 | | otherwise stated. 210 |
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225 | 225 | | 6. If a member dies before receiving a retirement 211 |
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226 | 226 | | allowance, the member's accumulated contributions at the 212 |
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227 | 227 | | time of the death of the member shall be paid to the 213 |
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228 | 228 | | beneficiary of the member or, if there is no beneficiary, to 214 |
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229 | 229 | | the surviving spouse, surviving children in equal shares, 215 |
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230 | 230 | | surviving parents in equal shares, or to the estate of the 216 |
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231 | 231 | | member, in that order of precedence; except that, no such 217 |
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232 | 232 | | payment shall be made if the beneficiary elects option 2 in 218 |
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233 | 233 | | subsection 3 of this section, unless the beneficiary dies 219 |
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234 | 234 | | before having received benefits pursuant to that subsection 220 |
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235 | 235 | | equal to the accumulated contributions of the member, in 221 |
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236 | 236 | | which case the amount of accumulated contributions in excess 222 |
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237 | 237 | | of the total benefits paid pursuant to that subsection shall 223 |
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238 | 238 | | be paid to the surviving spouse, surviving children in equal 224 |
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239 | 239 | | shares, surviving parents in equal shares, or estate of the 225 |
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240 | 240 | | beneficiary, in that order of precedence. 226 |
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241 | 241 | | 7. If a member ceases to be a public school employee 227 |
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242 | 242 | | as herein defined and certifies to the boar d of trustees 228 |
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243 | 243 | | that such cessation is permanent, or if the membership of 229 |
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244 | 244 | | the person is otherwise terminated, the member shall be paid 230 |
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245 | 245 | | the member's accumulated contributions with interest. 231 |
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246 | 246 | | 8. Notwithstanding any provisions of sections 169.010 232 |
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247 | 247 | | to 169.141 to the contrary, if a member ceases to be a 233 |
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248 | 248 | | public school employee after acquiring five or more years of 234 |
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249 | 249 | | membership service in Missouri, the member may at the option 235 |
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250 | 250 | | of the member leave the member's contributions with the 236 |
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251 | 251 | | retirement system and cl aim a retirement allowance any time 237 |
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252 | 252 | | after reaching the minimum age for voluntary retirement. 238 |
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253 | 253 | | When the member's claim is presented to the board, the 239 |
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254 | 254 | | member shall be granted an allowance as provided in sections 240 SB 474 9 |
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255 | 255 | | 169.010 to 169.141 on the basis of the mem ber's age, years 241 |
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256 | 256 | | of service, and the provisions of the law in effect at the 242 |
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257 | 257 | | time the member requests the member's retirement to become 243 |
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258 | 258 | | effective. 244 |
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259 | 259 | | 9. The retirement allowance of a member retired 245 |
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260 | 260 | | because of disability shall be nine -tenths of the allowance 246 |
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261 | 261 | | to which the member's creditable service would entitle the 247 |
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262 | 262 | | member if the member's age were sixty, or fifty percent of 248 |
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263 | 263 | | one-twelfth of the annual salary rate used in determining 249 |
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264 | 264 | | the member's contributions during the last school year for 250 |
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265 | 265 | | which the member received a year of creditable service 251 |
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266 | 266 | | immediately prior to the member's disability, whichever is 252 |
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267 | 267 | | greater, except that no such allowance shall exceed the 253 |
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268 | 268 | | retirement allowance to which the member would have been 254 |
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269 | 269 | | entitled upon retirement at age s ixty if the member had 255 |
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270 | 270 | | continued to teach from the date of disability until age 256 |
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271 | 271 | | sixty at the same salary rate. 257 |
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272 | 272 | | 10. Notwithstanding any provisions of sections 169.010 258 |
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273 | 273 | | to 169.141 to the contrary, from October 13, 1961, the 259 |
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274 | 274 | | contribution rate pursuan t to sections 169.010 to 169.141 260 |
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275 | 275 | | shall be multiplied by the factor of two -thirds for any 261 |
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276 | 276 | | member of the system for whom federal Old Age and Survivors 262 |
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277 | 277 | | Insurance tax is paid from state or local tax funds on 263 |
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278 | 278 | | account of the member's employment entitling the person to 264 |
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279 | 279 | | membership in the system. The monetary benefits for a 265 |
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280 | 280 | | member who elected not to exercise an option to pay into the 266 |
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281 | 281 | | system a retroactive contribution of four percent on that 267 |
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282 | 282 | | part of the member's annual salary rate which was in excess 268 |
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283 | 283 | | of four thousand eight hundred dollars but not in excess of 269 |
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284 | 284 | | eight thousand four hundred dollars for each year of 270 |
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285 | 285 | | employment in a position covered by this system between July 271 |
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286 | 286 | | 1, 1957, and July 1, 1961, as provided in subsection 10 of 272 SB 474 10 |
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287 | 287 | | this section as it appear s in RSMo, 1969, shall be the sum 273 |
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288 | 288 | | of: 274 |
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289 | 289 | | (1) For years of service prior to July 1, 1946, six - 275 |
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290 | 290 | | tenths of the full amount payable for years of membership 276 |
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291 | 291 | | service; 277 |
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292 | 292 | | (2) For years of membership service after July 1, 278 |
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293 | 293 | | 1946, in which the full contribut ion rate was paid, full 279 |
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294 | 294 | | benefits under the formula in effect at the time of the 280 |
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295 | 295 | | member's retirement; 281 |
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296 | 296 | | (3) For years of membership service after July 1, 282 |
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297 | 297 | | 1957, and prior to July 1, 1961, the benefits provided in 283 |
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298 | 298 | | this section as it appears in RSMo, 1 959; except that if the 284 |
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299 | 299 | | member has at least thirty years of creditable service at 285 |
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300 | 300 | | retirement the member shall receive the benefit payable 286 |
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301 | 301 | | pursuant to that section as though the member's age were 287 |
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302 | 302 | | sixty-five at retirement; 288 |
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303 | 303 | | (4) For years of membersh ip service after July 1, 289 |
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304 | 304 | | 1961, in which the two -thirds contribution rate was paid, 290 |
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305 | 305 | | two-thirds of the benefits under the formula in effect at 291 |
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306 | 306 | | the time of the member's retirement. 292 |
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307 | 307 | | 11. The monetary benefits for each other member for 293 |
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308 | 308 | | whom federal Old Age and Survivors Insurance tax is or was 294 |
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309 | 309 | | paid at any time from state or local funds on account of the 295 |
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310 | 310 | | member's employment entitling the member to membership in 296 |
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311 | 311 | | the system shall be the sum of: 297 |
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312 | 312 | | (1) For years of service prior to July 1, 1946, six - 298 |
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313 | 313 | | tenths of the full amount payable for years of membership 299 |
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314 | 314 | | service; 300 |
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315 | 315 | | (2) For years of membership service after July 1, 301 |
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316 | 316 | | 1946, in which the full contribution rate was paid, full 302 |
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317 | 317 | | benefits under the formula in effect at the time of the 303 |
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318 | 318 | | member's retirement; 304 SB 474 11 |
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319 | 319 | | (3) For years of membership service after July 1, 305 |
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320 | 320 | | 1957, in which the two -thirds contribution rate was paid, 306 |
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321 | 321 | | two-thirds of the benefits under the formula in effect at 307 |
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322 | 322 | | the time of the member's retirement. 308 |
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323 | 323 | | 12. Any retired member of the sys tem who was retired 309 |
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324 | 324 | | prior to September 1, 1972, or beneficiary receiving 310 |
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325 | 325 | | payments under option 1 or option 2 of subsection 3 of this 311 |
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326 | 326 | | section, as such option existed prior to September 1, 1972, 312 |
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327 | 327 | | will be eligible to receive an increase in the retirement 313 |
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328 | 328 | | allowance of the member of two percent for each year, or 314 |
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329 | 329 | | major fraction of more than one -half of a year, which the 315 |
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330 | 330 | | retired member has been retired prior to July 1, 1975. This 316 |
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331 | 331 | | increased amount shall be payable commencing with January, 317 |
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332 | 332 | | 1976, and shall thereafter be referred to as the member's 318 |
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333 | 333 | | retirement allowance. The increase provided for in this 319 |
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334 | 334 | | subsection shall not affect the retired member's eligibility 320 |
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335 | 335 | | for compensation provided for in section 169.580 or 169.585, 321 |
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336 | 336 | | nor shall the amount being paid pursuant to these sections 322 |
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337 | 337 | | be reduced because of any increases provided for in this 323 |
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338 | 338 | | section. 324 |
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339 | 339 | | 13. If the board of trustees determines that the cost 325 |
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340 | 340 | | of living, as measured by generally accepted standards, 326 |
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341 | 341 | | increases two percent or more in the preced ing fiscal year, 327 |
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342 | 342 | | the board shall increase the retirement allowances which the 328 |
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343 | 343 | | retired members or beneficiaries are receiving by two 329 |
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344 | 344 | | percent of the amount being received by the retired member 330 |
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345 | 345 | | or the beneficiary at the time the annual increase is 331 |
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346 | 346 | | granted by the board with the provision that the increases 332 |
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347 | 347 | | provided for in this subsection shall not become effective 333 |
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348 | 348 | | until the fourth January first following the member's 334 |
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349 | 349 | | retirement or January 1, 1977, whichever later occurs, or in 335 |
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350 | 350 | | the case of any member re tiring on or after July 1, 2000, 336 SB 474 12 |
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351 | 351 | | the increase provided for in this subsection shall not 337 |
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352 | 352 | | become effective until the third January first following the 338 |
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353 | 353 | | member's retirement, or in the case of any member retiring 339 |
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354 | 354 | | on or after July 1, 2001, the increase provi ded for in this 340 |
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355 | 355 | | subsection shall not become effective until the second 341 |
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356 | 356 | | January first following the member's retirement. Commencing 342 |
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357 | 357 | | with January 1, 1992, if the board of trustees determines 343 |
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358 | 358 | | that the cost of living has increased five percent or more 344 |
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359 | 359 | | in the preceding fiscal year, the board shall increase the 345 |
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360 | 360 | | retirement allowances by five percent. The total of the 346 |
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361 | 361 | | increases granted to a retired member or the beneficiary 347 |
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362 | 362 | | after December 31, 1976, may not exceed eighty percent of 348 |
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363 | 363 | | the retirement allowanc e established at retirement or as 349 |
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364 | 364 | | previously adjusted by other subsections. If the cost of 350 |
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365 | 365 | | living increases less than five percent, the board of 351 |
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366 | 366 | | trustees may determine the percentage of increase to be made 352 |
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367 | 367 | | in retirement allowances, but at no time can the increase 353 |
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368 | 368 | | exceed five percent per year. If the cost of living 354 |
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369 | 369 | | decreases in a fiscal year, there will be no increase in 355 |
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370 | 370 | | allowances for retired members on the following January 356 |
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371 | 371 | | first. 357 |
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372 | 372 | | 14. The board of trustees may reduce the amounts which 358 |
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373 | 373 | | have been granted as increases to a member pursuant to 359 |
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374 | 374 | | subsection 13 of this section if the cost of living, as 360 |
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375 | 375 | | determined by the board and as measured by generally 361 |
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376 | 376 | | accepted standards, is less than the cost of living was at 362 |
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377 | 377 | | the time of the first increase gr anted to the member; except 363 |
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378 | 378 | | that, the reductions shall not exceed the amount of 364 |
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379 | 379 | | increases which have been made to the member's allowance 365 |
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380 | 380 | | after December 31, 1976. 366 |
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381 | 381 | | 15. Any application for retirement shall include a 367 |
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382 | 382 | | sworn statement by the member cer tifying that the spouse of 368 SB 474 13 |
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383 | 383 | | the member at the time the application was completed was 369 |
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384 | 384 | | aware of the application and the plan of retirement elected 370 |
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385 | 385 | | in the application. 371 |
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386 | 386 | | 16. Notwithstanding any other provision of law, any 372 |
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387 | 387 | | person retired prior to Septem ber 28, 1983, who is receiving 373 |
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388 | 388 | | a reduced retirement allowance under option 1 or option 2 of 374 |
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389 | 389 | | subsection 3 of this section, as such option existed prior 375 |
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390 | 390 | | to September 28, 1983, and whose beneficiary nominated to 376 |
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391 | 391 | | receive continued retirement allowance paym ents under the 377 |
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392 | 392 | | elected option dies or has died, shall upon application to 378 |
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393 | 393 | | the board of trustees have his or her retirement allowance 379 |
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394 | 394 | | increased to the amount he or she would have been receiving 380 |
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395 | 395 | | had the option not been elected, actuarially adjusted to 381 |
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396 | 396 | | recognize any excessive benefits which would have been paid 382 |
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397 | 397 | | to him or her up to the time of application. 383 |
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398 | 398 | | 17. Benefits paid pursuant to the provisions of the 384 |
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399 | 399 | | public school retirement system of Missouri shall not exceed 385 |
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400 | 400 | | the limitations of Section 415 of Title 26 of the United 386 |
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401 | 401 | | States Code except as provided pursuant to this subsection. 387 |
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402 | 402 | | Notwithstanding any other law to the contrary, the board of 388 |
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403 | 403 | | trustees may establish a benefit plan pursuant to Section 389 |
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404 | 404 | | 415(m) of Title 26 of the United States Code. Such plan 390 |
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405 | 405 | | shall be created solely for the purpose described in Section 391 |
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406 | 406 | | 415(m)(3)(A) of Title 26 of the United States Code. The 392 |
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407 | 407 | | board of trustees may promulgate regulations necessary to 393 |
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408 | 408 | | implement the provisions of this subsection and to create 394 |
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409 | 409 | | and administer such benefit plan. 395 |
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410 | 410 | | 18. Notwithstanding any other provision of law to the 396 |
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411 | 411 | | contrary, any person retired before, on, or after May 26, 397 |
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412 | 412 | | 1994, shall be made, constituted, appointed and employed by 398 |
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413 | 413 | | the board as a special consultant on the matter s of 399 |
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414 | 414 | | education, retirement and aging, and upon request shall give 400 SB 474 14 |
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415 | 415 | | written or oral opinions to the board in response to such 401 |
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416 | 416 | | requests. As compensation for such duties the person shall 402 |
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417 | 417 | | receive an amount based on the person's years of service so 403 |
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418 | 418 | | that the total amount received pursuant to sections 169.010 404 |
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419 | 419 | | to 169.141 shall be at least the minimum amounts specified 405 |
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420 | 420 | | in subdivisions (1) to (4) of this subsection. In 406 |
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421 | 421 | | determining the minimum amount to be received, the amounts 407 |
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422 | 422 | | in subdivisions (3) and (4) of this subsection shall be 408 |
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423 | 423 | | adjusted in accordance with the actuarial adjustment, if 409 |
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424 | 424 | | any, that was applied to the person's retirement allowance. 410 |
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425 | 425 | | In determining the minimum amount to be received, beginning 411 |
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426 | 426 | | September 1, 1996, the amounts in subdivisions ( 1) and (2) 412 |
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427 | 427 | | of this subsection shall be adjusted in accordance with the 413 |
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428 | 428 | | actuarial adjustment, if any, that was applied to the 414 |
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429 | 429 | | person's retirement allowance due to election of an optional 415 |
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430 | 430 | | form of retirement having a continued monthly payment after 416 |
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431 | 431 | | the person's death. Notwithstanding any other provision of 417 |
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432 | 432 | | law to the contrary, no person retired before, on, or after 418 |
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433 | 433 | | May 26, 1994, and no beneficiary of such a person, shall 419 |
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434 | 434 | | receive a retirement benefit pursuant to sections 169.010 to 420 |
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435 | 435 | | 169.141 based on the person's years of service less than the 421 |
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436 | 436 | | following amounts: 422 |
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437 | 437 | | (1) Thirty or more years of service, one thousand two 423 |
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438 | 438 | | hundred dollars; 424 |
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439 | 439 | | (2) At least twenty-five years but less than thirty 425 |
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440 | 440 | | years, one thousand dollars; 426 |
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441 | 441 | | (3) At least twenty years but less than twenty -five 427 |
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442 | 442 | | years, eight hundred dollars; 428 |
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443 | 443 | | (4) At least fifteen years but less than twenty years, 429 |
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444 | 444 | | six hundred dollars. 430 |
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445 | 445 | | 19. Notwithstanding any other provisions of law to the 431 |
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446 | 446 | | contrary, any person retired prior to May 26, 1994 , and any 432 SB 474 15 |
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447 | 447 | | designated beneficiary of such a retired member who was 433 |
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448 | 448 | | deceased prior to July 1, 1999, shall be made, constituted, 434 |
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449 | 449 | | appointed and employed by the board as a special consultant 435 |
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450 | 450 | | on the matters of education, retirement or aging and upon 436 |
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451 | 451 | | request shall give written or oral opinions to the board in 437 |
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452 | 452 | | response to such requests. Beginning September 1, 1996, as 438 |
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453 | 453 | | compensation for such service, the member shall have added, 439 |
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454 | 454 | | pursuant to this subsection, to the member's monthly annuity 440 |
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455 | 455 | | as provided by this section a dollar amount equal to the 441 |
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456 | 456 | | lesser of sixty dollars or the product of two dollars 442 |
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457 | 457 | | multiplied by the member's number of years of creditable 443 |
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458 | 458 | | service. Beginning September 1, 1999, the designated 444 |
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459 | 459 | | beneficiary of the deceased member shall as comp ensation for 445 |
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460 | 460 | | such service have added, pursuant to this subsection, to the 446 |
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461 | 461 | | monthly annuity as provided by this section a dollar amount 447 |
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462 | 462 | | equal to the lesser of sixty dollars or the product of two 448 |
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463 | 463 | | dollars multiplied by the member's number of years of 449 |
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464 | 464 | | creditable service. The total compensation provided by this 450 |
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465 | 465 | | section including the compensation provided by this 451 |
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466 | 466 | | subsection shall be used in calculating any future cost -of- 452 |
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467 | 467 | | living adjustments provided by subsection 13 of this section. 453 |
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468 | 468 | | 20. Any member who has retired prior to July 1, 1998, 454 |
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469 | 469 | | and the designated beneficiary of a deceased retired member 455 |
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470 | 470 | | shall be made, constituted, appointed and employed by the 456 |
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471 | 471 | | board as a special consultant on the matters of education, 457 |
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472 | 472 | | retirement and aging, and upon request shall give written or 458 |
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473 | 473 | | oral opinions to the board in response to such requests. As 459 |
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474 | 474 | | compensation for such duties the person shall receive a 460 |
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475 | 475 | | payment equivalent to eight and seven -tenths percent of the 461 |
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476 | 476 | | previous month's benefit, which shall be added to th e 462 |
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477 | 477 | | member's or beneficiary's monthly annuity and which shall 463 |
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478 | 478 | | not be subject to the provisions of subsections 13 and 14 of 464 SB 474 16 |
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479 | 479 | | this section for the purposes of the limit on the total 465 |
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480 | 480 | | amount of increases which may be received. 466 |
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481 | 481 | | 21. Any member who has ret ired shall be made, 467 |
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482 | 482 | | constituted, appointed and employed by the board as a 468 |
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483 | 483 | | special consultant on the matters of education, retirement 469 |
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484 | 484 | | and aging, and upon request shall give written or oral 470 |
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485 | 485 | | opinions to the board in response to such request. As 471 |
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486 | 486 | | compensation for such duties, the beneficiary of the retired 472 |
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487 | 487 | | member, or, if there is no beneficiary, the surviving 473 |
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488 | 488 | | spouse, surviving children in equal shares, surviving 474 |
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489 | 489 | | parents in equal shares, or estate of the retired member, in 475 |
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490 | 490 | | that order of precedence, shal l receive as a part of 476 |
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491 | 491 | | compensation for these duties a death benefit of five 477 |
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492 | 492 | | thousand dollars. 478 |
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493 | 493 | | 22. Any member who has retired prior to July 1, 1999, 479 |
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494 | 494 | | and the designated beneficiary of a retired member who was 480 |
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495 | 495 | | deceased prior to July 1, 1999, shall be made, constituted, 481 |
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496 | 496 | | appointed and employed by the board as a special consultant 482 |
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497 | 497 | | on the matters of education, retirement and aging, and upon 483 |
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498 | 498 | | request shall give written or oral opinions to the board in 484 |
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499 | 499 | | response to such requests. As compensation for su ch duties, 485 |
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500 | 500 | | the person shall have added, pursuant to this subsection, to 486 |
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501 | 501 | | the monthly annuity as provided by this section a dollar 487 |
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502 | 502 | | amount equal to five dollars times the member's number of 488 |
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503 | 503 | | years of creditable service. 489 |
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504 | 504 | | 23. Any member who has retired prior to July 1, 2000, 490 |
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505 | 505 | | and the designated beneficiary of a deceased retired member 491 |
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506 | 506 | | shall be made, constituted, appointed and employed by the 492 |
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507 | 507 | | board as a special consultant on the matters of education, 493 |
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508 | 508 | | retirement and aging, and upon request shall give w ritten or 494 |
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509 | 509 | | oral opinions to the board in response to such requests. As 495 |
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510 | 510 | | compensation for such duties, the person shall receive a 496 SB 474 17 |
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511 | 511 | | payment equivalent to three and five -tenths percent of the 497 |
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512 | 512 | | previous month's benefit, which shall be added to the member 498 |
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513 | 513 | | or beneficiary's monthly annuity and which shall not be 499 |
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514 | 514 | | subject to the provisions of subsections 13 and 14 of this 500 |
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515 | 515 | | section for the purposes of the limit on the total amount of 501 |
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516 | 516 | | increases which may be received. 502 |
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517 | 517 | | 24. Any member who has retired prior to J uly 1, 2001, 503 |
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518 | 518 | | and the designated beneficiary of a deceased retired member 504 |
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519 | 519 | | shall be made, constituted, appointed and employed by the 505 |
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520 | 520 | | board as a special consultant on the matters of education, 506 |
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521 | 521 | | retirement and aging, and upon request shall give written or 507 |
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522 | 522 | | oral opinions to the board in response to such requests. As 508 |
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523 | 523 | | compensation for such duties, the person shall receive a 509 |
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524 | 524 | | dollar amount equal to three dollars times the member's 510 |
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525 | 525 | | number of years of creditable service, which shall be added 511 |
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526 | 526 | | to the member's or beneficiary's monthly annuity and which 512 |
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527 | 527 | | shall not be subject to the provisions of subsections 13 and 513 |
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528 | 528 | | 14 of this section for the purposes of the limit on the 514 |
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529 | 529 | | total amount of increases which may be received. 515 |
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530 | 530 | | |
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