Missouri Code of State Regulations › Title 16 - RETIREMENT SYSTEMS › Division 20 - Missouri Local Government Employees' Retirement System (LAGERS) › Chapter 2 - Administrative Rules › Section 16 CSR 20-2.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The proposed amendment defines the phrases
				  "transact business" and "invest funds" as those phrases are used in section
				  70.051, RSMo.
PURPOSE: The purpose of this rule is to expand on and
				  clarify definitions of terms found in sections
				  70.600,
				  70.605,
				  and
				  70.631,
				  RSMo.
(1) Employee.
(A) The term employee shall include persons
				who are neither police officers nor fire fighters, who are employed by, or who
				become employed by, an employer participating in the system. The term employee
				may include, at the employer's election, either police officers or fire
				fighters or both police officers and fire fighters. The term employee shall
				include elected fee officials and the employees of elected fee officials under
				the provisions of section
				70.600(8) and
				70.600(10), RSMo 1994. The term employee may
				also include a person who is holding the position of mayor, presiding
				commissioner, president or chairman of a political subdivision, or who is a
				member of the governing body, if the political subdivision has ten (10) or more
				other employees, if that person is covered by the federal Social Security
				program by virtue of the position held with the political subdivision, and if
				that person files application for membership with the board within the time
				prescribed by section
				70.600(10)(D),
				RSMo 1994.
(B) The term employee
				shall not include any person-
1. Who is
				employed in a position normally requiring less than one thousand five hundred
				(1500) hours of work a year; provided a political subdivision, by written
				certification to the board at the time the employer joins the system, may
				reduce one thousand five hundred (1500) hours minimum for its employees, which
				lesser number of hours shall be uniform for all its employees and shall be one
				thousand two hundred fifty (1250) or one thousand (1000);
2. Who is included as an active member of any
				other public employee retirement plan by reason of his/her employment with
				his/her political subdivision, except the federal Social Security program and
				the County Employees' Retirement System; and
3. Who acts for the political subdivision as
				an independent contractor or is paid wholly on a fee basis, except elected
				officials and their employees.
(C) The term "police officer" means any
				regular or permanent employee of the police department of a political
				subdivision, including probationary police officers, possessing the duty and
				power to enforce the general criminal laws of the state or the ordinances of
				any political subdivision of the state, and who is required to be certified by
				the "Peace Officer Standards and Training Commission." The term "police
				officer" includes the terms "peace officer" and "policeman."
1. The term "police officer" shall not
				include any civilian employee of a police department, or any person temporarily
				employed as a police officer for an emergency.
(D) The term "firefighter" means any regular
				or permanent employee of the fire department of a political subdivision,
				including probationary firefighters, employed for the duty of fighting fires,
				or whose duties include supervision of firefighting personnel. The term
				"firefighter" includes the term "fireman."
1.
				The term "firefighter" shall not include civilian employees of a fire
				department; volunteer firefighters; paramedics and/or emergency medical
				technicians (EMTs), unless they perform firefighting duties in addition to
				their paramedic or EMT duties; or any person temporarily employed as a
				firefighter for an emergency.
(E) The term "emergency medical service
				personnel" means any regular or permanent employee of a political subdivision
				possessing the duty and power to provide Advanced Life Support or Basic Life
				Support treatment, and who is required to be certified by the Missouri Bureau
				of Emergency Medical Services as an Emergency Medical Technician Basic (EMT-B),
				Advanced Emergency Medical Technician (AEMT) or an Emergency Medical
				Technician-Paramedic (EMT-P), or whose duties include direct supervision of
				EMT-B, AEMT and/or EMT-P personnel.
1. The
				term "emergency medical service personnel" shall not include volunteer EMT-Bs,
				AEMTs or EMT-Ps or any person temporarily employed as an EMT-B, AEMT or EMT-P
				for an emergency.
(F) The
				term "emergency telecommunicator" means any regular or permanent employee of a
				political subdivision employed as an emergency telephone or telecommunications
				worker, call taker, or public safety dispatcher whose duties include receiving,
				processing, or transmitting public safety information received through a Public
				Safety Answering Point, or whose duties include direct supervision of emergency
				telecommunicator personnel.
1. The term
				"emergency telecommunicator" shall not include any volunteer emergency
				telecommunicators or any person temporarily employed as an emergency
				telecommunicator for an emergency.
(G) The term "jailor" means any regular or
				permanent employee of a political subdivision employed for the duty of
				monitoring, transporting, or detaining inmates or other detainees held in the
				jail or other correctional facility of the political subdivision or whose
				duties include direct supervision of jailor personnel.
1. The term "jailor" shall not include any
				volunteer jailors or any person temporarily employed as jailor for an
				emergency.