reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.519 - Rules established for insurance and disability benefits — selection of insurance companies by bids — coverage of state employees under teacher retirement system eligible for insurance program — certain employees not eligible, when.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1997
104.519. Rules established for insurance and disability benefits — selection of insurance companies by bids — coverage of state employees under teacher retirement system eligible for insurance program — certain employees not eligible, when. —
1. The board shall establish and implement programs as provided in sections 104.517 and 104.518. The board shall establish rules of eligibility for participation in the programs, and shall avoid duplication of benefits provided to employees, their spouses and children under any other program of benefits provided through, or as a result of, employment with a department, any other employer, or any plan established by the federal government. The benefits set forth in sections 104.517 and 104.518 shall be provided all employees complying with the rules of eligibility for participation established by the board for whom contributions are being made pursuant to subsection 2 of section 104.515. No member shall receive benefits until such program shall become operative and until any premium amounts required by the board have been paid. To the extent any benefits provided under this program are insured, the selection of any insurance company or service organization shall be on the basis of competitive bidding.
2. Notwithstanding any provision of law to the contrary, persons employed by an agency, division, or department, who would be employees pursuant to sections 104.320 to 104.620, except by reason of coverage under the retirement system established pursuant to sections 169.010 to 169.130, shall be eligible to participate in the program of life insurance provided pursuant to subsection 1 of section 104.517, and to continue such participation after retirement, under rules of eligibility for participation established by the board of trustees, and on the basis that such covered persons pay the premium rate as determined by the board.
3. Except for long-term disability benefits provided by section 104.518, the provisions of sections 104.516 and 104.517 shall not apply to members who are employed by any agency, division, or department which has in effect a program of life insurance which is wholly or partially paid by the employing agency, division or department.
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(L. 1988 H.B. 1643 & 1399, A.L. 1992 H.B. 1574, A.L. 1997 H.B. 356)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.520 - Legal advice, representation — attorney general to provide legal services, when.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1995
104.520. Legal advice, representation — attorney general to provide legal services, when. —
The board may appoint an attorney or firm of attorneys to be the legal advisor
*
to the board and to represent the board in legal proceedings, however, if the board does not make such an appointment, the attorney general of the state shall furnish, upon request, whatever legal services are necessary.
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(L. 1957 p. 706 § 13, A.L. 1988 H.B. 1643 & 1399, A.L. 1988 H.B. 1100, et al., A.L. 1995 H.B. 416, et al.)
*Word "advisory" appears in original rolls.
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.530 - Actions by and against system — process, how served — venue.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2001
104.530. Actions by and against system — process, how served — venue. —
The Missouri state employees' retirement system may sue and be sued in its official name, but its officers and employees shall not be personally liable for acts of the system. The board may indemnify, protect, defend and hold harmless the trustees, officers and employees of the system against all claims and suits for negligent or wrongful acts alleged to have been committed in the scope of their service or employment or under the direction of the trustees provided that the trustees, officers and employees of the system shall not be indemnified for willful misconduct or gross negligence. The board is authorized to insure against loss or liability of the trustees, officers and employees of the system that may result from claims and suits for negligent or wrongful acts alleged to have been committed in the scope of their service or employment or under the direction of the trustees. This insurance shall be carried through a company that is licensed to write such coverage in this state. The service of all legal process and of all notices which may be required to be in writing, whether in legal proceedings or otherwise, shall be made on the executive director or in his or her absence, on the executive director's designee at his or her office. All suits or proceedings directly or indirectly against the system shall be brought in Cole County, except that suits or proceedings involving payment of disability benefits may be brought, at the election of the beneficiary, in the county of residence of the beneficiary.
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(L. 1957 p. 706 § 3, A.L. 1981 H.B. 835, et al., A.L. 1988 H.B. 1643 & 1399, A.L. 1993 S.B. 88, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 2001 S.B. 371)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.540 - Law creates vested rights — certain contributions may be withheld from benefits and paid over.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2009, 2 histories
104.540. Law creates vested rights — certain contributions may be withheld from benefits and paid over. —
1. All premium payments and deferred compensation provided for under sections 104.320 to 104.540 are hereby made obligations of the state of Missouri. No alteration, amendment, or repeal of sections 104.320 to 104.540 shall affect the then-existing rights of members and beneficiaries, but shall be effective only as to rights which would otherwise accrue hereunder as a result of services rendered by an employee after such alteration, amendment, or repeal.
2. Any annuity, benefits, funds, property, or rights created by, or accruing or paid to, any person under the provisions of sections 104.320 to 104.540 shall not be subject to execution, garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and shall be unassignable, except with regard to the collection of child support or maintenance, and except that a beneficiary may assign life insurance proceeds. Any retired member of the system may request the executive director of the system, in writing, to withhold and pay on his behalf to the proper person, from each of his monthly retirement benefit payments, if the payment is large enough, the contribution due from the retired member to any group providing state-sponsored life or medical insurance and to the Missouri state employees charitable campaign.
3. The executive director of the system shall, when requested in writing by a retired member, withhold and pay over the funds authorized in subsection 2 of this section until such time as the request to do so is revoked by the death or written revocation of the retired member.
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(L. 1957 p. 706 § 23, A.L. 1959 S.B. 274, A.L. 1965 p. 226, A.L. 1981 H.B. 835, et al., A.L. 1988 H.B. 1643 & 1399, A.L. 1992 S.B. 499, et al., A.L. 1998 S.B. 910, A.L. 2002 H.B. 1455, A.L. 2009 H.B. 210)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.550 - Consulting firms assisting board, preference to be given Missouri based companies, when.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 19 Jun 1987, 2 histories, see footnote
104.550. Consulting firms assisting board, preference to be given Missouri based companies, when. —
In the selection of any consulting firm or pension consulting firm for the purpose of assisting the board or making fixed income investments, equity investments, venture capital investments, limited partnership investments, real estate investments, or any other type of investment, preference shall and must be given to a Missouri based company, if the service is available.
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(L. 1987 H.B. 713)
Effective 6-19-87
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.552 - Department of health and senior services employee entitled to creditable prior service, when — application, time period.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1992
104.552. Department of health and senior services employee entitled to creditable prior service, when — application, time period. —
1. Any employee of the state department of health and senior services employed as such on or after August 28, 1992, is entitled to creditable prior service under the provisions of chapter 104 for service rendered as an employee of a city or county health department organized under the provisions of chapter 192 or chapter 205, or a city health department operating under a city charter or a combined city/county health department prior to becoming a member of the Missouri state employees' retirement system if credit has not previously been granted for such service and if and to the extent that the employee pays to the Missouri state employees' retirement system an amount determined by the board of trustees of the Missouri state employees' retirement system to actuarially fund the creditable prior service of the employee receiving credit therefor.
2. An employee seeking creditable prior service under the provisions of this section shall make application to the board of trustees of the Missouri state employees' retirement system for the creditable prior service within ninety days after August 28, 1992, or within ninety days after first becoming an employee. The creditable prior service shall be established to the satisfaction of the board of trustees of the Missouri state employees' retirement system.
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(L. 1992 S.B. 499, et al. § 2)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.601 - Years of service to include unused accumulated sick leave, when — credited sick leave not counted for vesting purposes — applicable also to teachers' and school employees' retirement system.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2013, 3 histories
104.601. Years of service to include unused accumulated sick leave, when — credited sick leave not counted for vesting purposes — applicable also to teachers' and school employees' retirement system. —
Any member retiring pursuant to the provisions of this chapter or any member retiring pursuant to provisions of chapter 169 who is a member of the public school retirement system and who is employed by a department other than an institution of higher learning, after working continuously until reaching retirement age, shall be credited with all his or her unused sick leave as reported by the last department that employed the member prior to retirement through the financial and human resources system maintained by the office of administration, or if a state agency's employees are not paid salaries or wages through such system, as reported directly by the last department that employed the member prior to retirement. When calculating years of service, each member shall be entitled to one-twelfth of a year of creditable service for each one hundred sixty-eight hours of unused accumulated sick leave earned by the member. The employing agency shall not certify unused sick leave unless such unused sick leave could have been used by the member for sickness or injury. The rate of accrual of sick leave for purposes of computing years of service pursuant to this section shall be no greater than ten hours per month. Nothing under this section shall allow a member to vest in the retirement system by using such credited sick leave to reach the time of vesting.
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(L. 1982 H.B. 1720, et al., A.L. 1984 H.B. 1370, A.L. 1990 H.B. 1452, A.L. 2001 S.B. 371, A.L. 2002 H.B. 1455, A.L. 2013 H.B. 233)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.602 - Creditable service not previously credited to members of either system to be credited, when — duplicate credit prohibited — death of a member prior to exercise of transfer rights, rights of survivor.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2001
104.602. Creditable service not previously credited to members of either system to be credited, when — duplicate credit prohibited — death of a member prior to exercise of transfer rights, rights of survivor. —
1. Any member as defined in section 104.010 may elect prior to retirement to receive creditable service with the system of which he or she is a current member equal to all creditable service or any forfeited service performed for a department covered by the other system. In no event shall a member under either system established pursuant to this chapter receive credit in more than one system for the same period of service.
2. If a member dies before retirement and prior to exercising transfer rights pursuant to the provisions of this section, the survivor may elect to receive survivor benefits that shall be computed as if the member had in fact exercised the member's transfer rights to produce the most advantageous benefit possible. In this instance, the benefit shall be paid by the system that provides the most advantageous benefit. If there is no advantage in one system or the other after the transfer of creditable service, the benefit shall be paid by the system that the member last accrued service under prior to the date of the death of the member.
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(L. 1981 H.B. 835, et al., A.L. 1982 H.B. 1720, et al., A.L. 1984 H.B. 1370, A.L. 1988 H.B. 1643 & 1399, A.L. 1997 H.B. 356, A.L. 2001 S.B. 371)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.604 - Surviving spouse to receive benefits from only one member — right to elect.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 01 Oct 1984, see footnote
104.604. Surviving spouse to receive benefits from only one member — right to elect. —
A person may receive benefits as a surviving spouse of only one deceased member under the provisions of this chapter. The benefit election shall be made by the surviving spouse.
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(L. 1984 H.B. 1370)
Effective 10-01-84
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.605 - Eligible rollover distribution and eligible retirement plan defined — compliance with IRS code required, when.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 11 Jul 2002, see footnote
104.605. Eligible rollover distribution and eligible retirement plan defined — compliance with IRS code required, when. —
1. Notwithstanding any provision to the contrary in this chapter, the term
"eligible rollover distribution"
shall have the meaning specified in Section 402(c)(4) of the Internal Revenue Code of 1986, as amended, and which is herein incorporated by reference.
2. Notwithstanding any provision to the contrary in this chapter, the term
"eligible retirement plan"
shall have the meaning specified in Section 402(c)(8)(B) of the Internal Revenue Code of 1986, as amended, and which is herein incorporated by reference.
3. For distributions occurring after December 31, 1993, the systems shall comply with Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, and which is herein incorporated by reference.
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(L. 2002 H.B. 1455 §§ 104.605 merged with 104.1055)
Effective 7-11-02
CROSS REFERENCE:
Provisions of this section also apply to Year 2000 plan, 104.1003 to 104.1093
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.606 - Purchase of creditable service, required before receipt of retirement annuity.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2007
104.606. Purchase of creditable service, required before receipt of retirement annuity. —
Any member of either system who purchases creditable service or credited service under this chapter or chapter 105 shall apply and complete the purchase prior to applying to receive a retirement annuity in order to receive credit for such purchase.
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(L. 2007 S.B. 406)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.608 - General assembly member may become consultant if denied credit in system due to membership in other state systems — compensation to be creditable service for all service in general assembly.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1989
104.608. General assembly member may become consultant if denied credit in system due to membership in other state systems — compensation to be creditable service for all service in general assembly. —
Upon application to the board of trustees of the Missouri state employees' retirement system, any person who has served at least three full biennial assemblies as a member of the general assembly, and who has been denied credit for any service rendered as a member of the general assembly because he was a member of some other retirement or benefit fund to which the state was a contributor shall be made, constituted, appointed, and employed by the board as a special consultant on the problems of retirement for the remainder of the person's life. Upon request of the board, the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation the consultant shall receive creditable service for all service rendered as a member of the general assembly and be a member of the Missouri state employees' retirement system and shall be entitled to a normal annuity or to a deferred normal annuity, based on the person's service as a member of the general assembly and the law in effect at the time service as a member of the general assembly was terminated.
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(L. 1989 H.B. 674)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.615 - Minimum monthly benefits.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 01 Jan 1995, see footnote
104.615. Minimum monthly benefits. —
1. Notwithstanding provisions of other sections of this chapter to the contrary, but subject to the provisions of subsection 2 of this section, the total minimum monthly benefit payable, before any actuarial adjustments or any cost of living adjustments in accordance with sections 104.415 and 104.612, to a member of the state employees' retirement system or a member of the transportation department employees' and highway patrol retirement system who retires under the provisions of section 104.080, 104.095, 104.100, 104.110, 104.140, 104.380, 104.400 or 104.410 shall not be less than fifteen dollars multiplied by the number of full years of creditable service of the member. A minimum benefit under this section does not apply to any deferred normal annuity or any deferred partial annuity. A minimum benefit under this section is applicable in the determination of any benefit payable under section 104.420 to a survivor of an employee who dies on or after January 1, 1995. Special consultants shall give an oral summary of opinions on aging, if so requested, as an extra duty for which additional compensation shall be paid as provided in this section. Any additional compensation payable to any member under the provisions of this section shall be consolidated with any other retirement benefits payable to such person, and funding for such compensation shall be provided as set forth in section 104.436.
2. In determining the amount due a member under the provisions of this section, the following provisions shall apply:
(1) Any election made by the member under the provisions of this chapter to receive the actuarial equivalent of the member's annuity in reduced monthly payments shall not increase the amount of any compensation due the member under the provisions of this section, and the determination shall be based on the amount the member's monthly payments would have been had such an election not been made;
(2) Any payments authorized by the member to be made from the monthly payments for payment of insurance premiums or other such purpose shall not increase the amount of compensation due the member under the provisions of this section, and the determination shall be based on the amount of the payments before such premium payments are made.
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(L. 1979 S.B. 242 § 1, A.L. 1981 H.B. 835, et al., A.L. 1984 H.B. 1370, A.L. 1985 H.B. 790, A.L. 1986 H.B. 1496, A.L. 1988 H.B. 1643 & 1399, A.L. 1994 H.B. 1149)
Effective 1-01-95
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.621 - Affirmative action plan for hiring money managers, brokers and investment counselors, required — report to joint committee on public employee retirement.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1993
104.621. Affirmative action plan for hiring money managers, brokers and investment counselors, required — report to joint committee on public employee retirement. —
All retirement systems created in this chapter shall develop an affirmative action plan for the utilization of minority and women money managers, brokers, and investment counselors. Such retirement systems shall report their progress annually to the joint committee on public employee retirement.
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(L. 1993 S.B. 126 § 1)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.625 - Annuities and lump sum payments, when, determination of amount.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2023, 3 histories
104.625. Annuities and lump sum payments, when, determination of amount. —
Effective July 1, 2002, any member retiring pursuant to the provisions of sections 104.010 to 104.801, except an elected official or a member of the general assembly, who has not been paid retirement benefits and continues employment for at least two years beyond normal retirement age, may elect to receive an annuity and lump sum payment or payments, determined as follows:
(1) A retroactive starting date shall be established which shall be a date selected by the member; provided, however, that the retroactive starting date selected by the member shall not be a date which is earlier than the date when a normal annuity would have first been payable. In addition, the retroactive starting date shall not be more than five years prior to the annuity starting date, which shall be the first day of the month with respect to which an amount is paid as an annuity pursuant to this section. The member's selection of a retroactive starting date shall be done in twelve-month increments, except this restriction shall not apply when the member selects the total available time between the retroactive starting date and the annuity starting date;
(2) The prospective annuity payable as of the annuity starting date shall be determined pursuant to the provisions otherwise applicable under the law, with the exception that it shall be the amount which would have been payable had the member actually retired on the retroactive starting date under the retirement plan selected by the member. Other than for the lump sum payment or payments specified in subdivision (3) of this section, no other amount shall be due for the period between the retroactive starting date and the annuity starting date;
(3) The lump sum payable shall be ninety percent of the annuity amounts which would have been paid to the member from the retroactive starting date to the annuity starting date had the member actually retired on the retroactive starting date and received a normal annuity. The member shall receive the lump sum amount in its entirety at the same time as the initial annuity payment is made; and
(4) For purposes of determining annual benefit increases payable as part of the lump sum and annuity provided pursuant to this section, the retroactive starting date shall be considered the member's date of retirement.
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(L. 2001 S.B. 371, A.L. 2002 H.B. 1455, A.L. 2023 S.B. 20 merged with S.B. 75)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.801 - Health benefit coverage mandated by general assembly to be applicable to health benefit plans for state employees.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1990
104.801. Health benefit coverage mandated by general assembly to be applicable to health benefit plans for state employees. —
Notwithstanding any law to the contrary, any legislation enacted by the general assembly which mandates the coverage of specific health benefits, services, or providers in the policies or contracts of insurers, health services corporations, health maintenance organizations, or other third-party payors, on and after January 1, 1991, also shall apply to the health benefit plans of the Missouri state employees' retirement system, the Missouri state transportation department retirement system, and any other health benefit plan provided by the state on behalf of its employees.
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(L. 1990 H.B. 1739 § 16)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1006 - Year 2000 plan, citation, applicability of other provisions.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1999
104.1006. Year 2000 plan, citation, applicability of other provisions. —
For the purpose of providing retirement income and other benefits to employees of the state, there is hereby created and established a benefit plan, which shall be under the management of boards of trustees herein described, and which shall be known as the "Year 2000 Plan". In the systems shall be vested the powers and duties specified in sections 104.1003 to 104.1093 and such other powers as may be necessary or proper to enable it, its officers, employees, and agents to carry out fully and effectively all the purposes of sections 104.1003 to 104.1093. The provisions of sections 104.150 to 104.190 and 104.210 to 104.240 shall continue to be applicable to the transportation department and highway patrol retirement system under the year 2000 plan. The provisions of sections 104.440 to 104.480 and 104.500 to 104.510 and 104.520 to 104.530 shall continue to be applicable to the Missouri state employees' retirement system under the year 2000 plan. Both systems shall be subject to sections 105.660 to 105.691.
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(L. 1999 S.B. 308 & 314)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1009 - Membership in year 2000 plan.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1999
104.1009. Membership in year 2000 plan. —
1. The membership of the year 2000 plan shall include the following persons:
(1) Each person who first becomes an employee on or after July 1, 2000, and continues to be an employee;
(2) Each person covered by the closed plan on July 1, 2000, who elects to be covered by the year 2000 plan in accordance with the provisions of section 104.1015.
2. In any case of question as to the membership status of any person, the appropriate board shall decide the question. If a person is not included in membership at time of employment and is later determined to be a member, the board is authorized to collect any contribution shortfall by requesting a special appropriation from the office of administration. Upon receipt of such appropriation or if funds are otherwise lawfully available, the office of administration shall immediately pay to the system the amount needed to cover such shortfall.
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(L. 1999 S.B. 308 & 314)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1012 - Plans to be managed by appropriate boards.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2007
104.1012. Plans to be managed by appropriate boards. —
1. Any new state employee who would have become a member of the closed plan administered by the transportation department and highway patrol retirement system except for the creation of the year 2000 plan and persons covered by the closed plan administered by the highway and transportation employees' and highway patrol retirement system who elect year 2000 plan coverage as provided in section 104.1015 shall have their year 2000 plan coverage managed by that board.
2. Any new state employee who would have become a member of the closed plan administered by the Missouri state employees' retirement system except for the creation of the year 2000 plan or persons covered by the closed plan administered by the Missouri state employees' retirement system who elect year 2000 plan coverage as provided in section 104.1015 shall have their year 2000 plan coverage managed by that board.
3. In the event either board of trustees elects to provide employees, members, or vested former members under either the closed plan or the year 2000 plan with education or advice pertaining to any aspect of retirement planning, the board will not be liable for the retirement or investment decisions made or not made by employees, members, or vested former members so long as the board acts with the same care, skills, prudence, and diligence in the selection and monitoring of providers of education and advice under the circumstances then prevailing that a prudent person acting in a similar capacity and familiar with those matters would use in the conduct of a similar enterprise with similar aims.
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(L. 1999 S.B. 308 & 314, A.L. 2007 S.B. 406)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1018 - Vesting of benefits, when — reemployment of member, effect of.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2023, 2 histories
104.1018. Vesting of benefits, when — reemployment of member, effect of. —
1. When a member is no longer employed in a position covered by the system, membership in the system shall thereupon cease. If a member has five or more years of credited service upon such member's termination of membership, such member shall be a vested former member entitled to a deferred annuity pursuant to section 104.1036, except as otherwise provided in subsection 7 of section 104.1024. If a member has fewer than five years of credited service upon termination of membership, such former member's credited service shall be forfeited, provided that if such former member becomes reemployed in a position covered by the system, such former member shall again become a member of the system and the forfeited credited service shall be restored after receiving creditable service continuously for one year.
2. Upon a member becoming a retiree, membership shall cease and, except as otherwise provided in section 104.1039, the person shall not again become a member of the system.
3. If a vested former member becomes reemployed in a position covered by the system before such vested former member's annuity starting date, membership shall be restored with the previous credited service and increased by such reemployment.
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(L. 1999 S.B. 308 & 314, A.L. 2002 H.B. 1455, A.L. 2023 S.B. 20 merged with S.B. 75)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1033 - Early retirement annuity, when.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1999
104.1033. Early retirement annuity, when. —
1. Any member who has not attained normal retirement eligibility but who has at least five years of credited service may retire with an early retirement annuity on or after attainment of age fifty-seven and by making application in written form and manner approved by the board.
2. The early retirement annuity shall be a certain percent of an annuity provided for in subsection 2 of section 104.1024. The percent shall be one hundred percent reduced by one-half of one percent multiplied by the number of months by which age at early retirement is younger than normal retirement eligibility.
3. Subject to the provisions of subsection 2 of section 104.1027, the early retirement annuity shall be paid for the life of the retiree unless an optional form of payment is elected as provided for in section 104.1027.
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(L. 1999 S.B. 308 & 314)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1036 - Deferred annuity, when — annuity starting date election — death of member, effect on annuity.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1999
104.1036. Deferred annuity, when — annuity starting date election — death of member, effect on annuity. —
1. A member with five or more years of credited service who ceases to be a member, except by reason of death or retirement, shall be a vested former member entitled to a deferred annuity provided for in this section.
2. A vested former member shall be eligible to elect an annuity starting date at any time after attaining age fifty-seven by submitting a written application therefor not earlier than ninety days before attainment of fifty-seven years of age. The vested former member shall have the right to elect an option provided for in section 104.1027, subject to the provisions of subsection 2 of section 104.1027. No deferred annuity shall be paid if the vested former member becomes employed in a position covered by the year 2000 plan and does not terminate employment prior to the annuity starting date.
3. If the deferred annuity commences on or after age sixty-two, the annuity amount shall be calculated in the same manner as the annuity specified in subsection 2 of section 104.1024. If the deferred annuity commences before the vested former member's normal retirement eligibility, the annuity amount shall be calculated in the same manner as the annuity specified in subsection 2 of section 104.1033.
4. If the vested former member dies before the annuity starting date, the surviving spouse and dependent children shall be covered by the provisions of section 104.1030.
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(L. 1999 S.B. 308 & 314)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1039 - Reemployment of a retiree, effect on annuity — cost-of-living adjustments.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2023, 5 histories
104.1039. Reemployment of a retiree, effect on annuity — cost-of-living adjustments. —
If a retiree is employed as an employee by a department, the retiree shall not receive an annuity payment for any calendar month in which the retiree is so employed except, notwithstanding the provisions of section 105.684 to the contrary, those retirees serving as a member of the general assembly or as a statewide elected official under section 104.1084. While reemployed the retiree shall be considered to be a new employee with no previous credited service and must accrue credited service continuously for at least one year in order to receive any additional annuity. Such retiree shall receive an additional annuity in addition to the original annuity, calculated based only on the credited service and the pay earned by such retiree during reemployment and paid in accordance with the annuity option originally elected; provided such retiree who ceases to receive an annuity pursuant to this section shall not receive such additional annuity if such retiree is employed by a department in a position that is covered by a state-sponsored defined benefit retirement plan not created pursuant to this chapter. The original annuity and any additional annuity shall be paid commencing as of the end of the first month after the month during which the retiree's reemployment terminates. Cost-of-living adjustments paid under section 104.1045 shall not accrue while a retiree is employed as described in this section except, notwithstanding the provisions of section 105.684 to the contrary, those retirees serving as a member of the general assembly or as a statewide elected official under section 104.1084. Any future cost-of-living adjustments paid after the retiree terminates such employment will be paid in the same month as the retiree's original annual benefit increases were paid.
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(L. 1999 S.B. 308 & 314, A.L. 2001 S.B. 371, A.L. 2002 H.B. 1455, A.L. 2007 S.B. 406, A.L. 2013 H.B. 233, A.L. 2023 S.B. 20 merged with S.B. 75)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1042 - Long-term disability, effect on retiree's annuity.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2018, 2 histories
104.1042. Long-term disability, effect on retiree's annuity. —
1. Any member pursuant to the year 2000 plan created by sections 104.1003 to 104.1093 and who becomes disabled and qualifies for long-term disability benefits and retires after August 28, 1999, or who becomes disabled and qualifies for long-term disability benefits under a program provided by the member's employing department and retires after August 28, 1999, shall continue to accrue credited service and such member's rate of pay for purposes of calculating an annuity pursuant to the year 2000 plan created by sections 104.1003 to 104.1093 shall be the member's regular monthly pay received at the time of disablement, increased thereafter for any increases in the consumer price index. Such increases in the member's monthly pay shall be made annually beginning twelve months after disablement and shall be equal to eighty percent of the increase in the consumer price index during the calendar year prior to the adjustment, but not more than five percent of the member's monthly pay immediately before the increase. Such accruals shall continue until the earliest of receipt of an early retirement annuity, attainment of normal retirement eligibility, or termination of disability benefits.
2. A member described in subsection 1 of this section who continues to be disabled until normal retirement eligibility may elect an annuity starting date upon termination of disability payments and shall receive a normal retirement annuity provided for in section 104.1024.
3. If the member's disability terminates, disability accruals described in subsection 1 of this section shall terminate.
4. Upon termination of disability payments and not returning to a position in which the member is an employee, the member's rights to plan benefits shall be determined as if the member had terminated employment at time of termination of disability payments.
5. Any member who was disabled under the closed plan prior to July 1, 2000, and who returns to a position in which the member is an employee after July 1, 2000, shall be covered under the closed plan and shall be eligible to elect coverage under the new plan as provided by subsection 5 of section 104.1015.
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(L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1045 - Cost-of-living adjustment, amount.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1999
104.1045. Cost-of-living adjustment, amount. —
1. Each person receiving an annuity shall be entitled to a cost-of-living adjustment (COLA) when there are increases in the consumer price index. The COLA shall be made annually beginning twelve months after the annuity starting date and shall be equal to eighty percent of the increase in the consumer price index, but not more than five percent of the annuity amount payable immediately before the payment of the COLA provided that COLAs payable to a beneficiary shall commence during the month of the anniversary of the member's annuity starting date.
2. For the purposes of this section, an increase in the consumer price index shall be determined in January of each year, based upon the percentage increase of (a) the consumer price index for the preceding calendar year determined by dividing the sum of the monthly consumer price index values by twelve, over (b) the corresponding index for the next earlier calendar year. Any COLA so determined cannot be less than zero and shall be applied in calculating any COLA that becomes payable under this section during the calendar year in which January falls. Any surviving spouse, beneficiary, or former spouse receiving all or part of an annuity shall be eligible for such COLAs as provided herein.
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(L. 1999 S.B. 308 & 314)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1048 - Waiver of monthly payment or COLA.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1999
104.1048. Waiver of monthly payment or COLA. —
A person receiving an annuity may waive monthly annuity payments or a cost-of-living adjustment (COLA) for periods of time, provided no waiver may be contrary to applicable federal law. A waiver shall be final as to any payment or COLA waived.
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(L. 1999 S.B. 308 & 314)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1057 - Year 2000 plan, a qualified plan according to federal law.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1999
104.1057. Year 2000 plan, a qualified plan according to federal law. —
The year 2000 plan is a qualified plan pursuant to the provisions of applicable federal law. The benefits and conditions of the year 2000 plan shall always be adjusted to ensure that the tax-exempt status is maintained.
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(L. 1999 S.B. 308 & 314)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1060 - Erroneous amount paid, correction — penalty for falsification — disqualification from receipt of payments, when.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 2023, 2 histories
104.1060. Erroneous amount paid, correction — penalty for falsification — disqualification from receipt of payments, when. —
1. Should any error result in any person receiving more or less than the person would have been entitled to receive had the error not occurred, the board shall correct such error, and, as far as practicable, make future payments in such a manner that the actuarial equivalent of the annuity to which such person was entitled shall be paid, and to this end may recover any overpayments. In all cases in which such error has been made, no such error shall be corrected unless the system discovers or is notified of such error within ten years after the member's annuity starting date or the date of error, whichever occurs later. In cases of fraud, any error discovered shall be corrected without concern to the amount of time that has passed.
2. A person who knowingly makes a false statement, or falsifies or permits to be falsified a record of the system, in an attempt to defraud the system shall be subject to fine or imprisonment under the Missouri revised statutes.
3. A board shall not pay an annuity to any survivor or beneficiary who is charged with the intentional killing of a member, retiree or survivor without legal excuse or justification. A survivor or beneficiary who is convicted of such charge shall no longer be entitled to receive an annuity. If the survivor or beneficiary is not convicted of such charge, the board shall resume annuity payments and shall pay the survivor or beneficiary any annuity payments that were suspended pending resolution of such charge.
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(L. 1999 S.B. 308 & 314, A.L. 2013 H.B. 233, A.L. 2023 S.B. 20 merged with S.B. 75)
2023 Missouri Revised Statutes › Title VIII - Public Officers and Employees, Bonds and Records › Chapter 104 - Retirement of State Officers and Employees › Section 104.1063 - Rulemaking authority.

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter 104
• Effective - 28 Aug 1999
104.1063. Rulemaking authority. —
Each system is authorized to promulgate rules to properly administer the system and govern its own proceedings and to hold hearings as required by law. The term
"agency"
and the term
"state agency"
as defined by section 536.010 shall not include a system pursuant to this chapter with regard to the promulgation of rules or hearings required by law provided such system has established written procedures to assure that constitutionally required due process safeguards exist and apply to the promulgation of a rule or regulation that would otherwise constitute a "rule" as defined in section 536.010 and to a proceeding that would otherwise constitute a "contested case" as defined in section 536.010. Each system may delegate a hearing officer to hear all matters wherein a hearing is required by law.
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(L. 1999 S.B. 308 & 314)