Missouri Code of State Regulations › Title 16 - RETIREMENT SYSTEMS › Division 50 - The County Employees' Retirement Fund › Chapter 2 - Membership and Benefits › Section 16 CSR 50-2.050 - Certifying Service and Compensation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the process for
				  certifying employment and salary figures upon separation from service for
				  purposes of calculating retirement benefits in the future.
(1) Upon separation from service, a
				Participantst shall request that the county clerk complete a certification form
				on a form to be provided by the board or its designee which verifies the length
				of employment and the two
(2)
				highest years of compensation received by the Participantst. The Participantst
				must provide documentation to support the compensation figures which must be
				attached to the certification including W-2 forms, 1099 forms, canceled checks
				and other supporting documentation reflecting compensation received. In
				determining average final compensation, County Employees' Retirement Fund
				(CERF) will use the cash receipts and disbursements method as defined by the
Internal Revenue Code
. Any lump sum payment attributable to
				services for a prior year (including, but not limited to, a payment of
				benefits, back pay, unused vacation days or sick leave attributable to services
				performed in a prior year) will not be included in calculating average final
				compensation.
(2) The Participantst
				shall forward the completed certification to the board where it shall be
				maintained until needed to calculate the Participantst's retirement
				benefit.
(3) Any certification
				submitted without supporting documentation will be reviewed by the board.
				Notwithstanding anything in the plan to the contrary, the board or its designee
				may determine that an employee had a separation from service due to cessation
				of services or otherwise based on payroll or other records.
(4) Fee-Based or Fee/Salary-Based Officials.
(A) Any Participantst whose compensation is
				collected partly or wholly from fees or a combination of fees and salary must
				submit, by March 1 of each year, proof of all fees and/or salary received, less
				operating and other expenses.
(B)
				Two percent (2%) of the net amount of all fees and/or salary collected as
				compensation by such Participantsts who are not members of the Local Government
				Employees' Retirement System (LAGERS) must be submitted to the plan
				administrator not less than annually and no later than March 1 of each year for
				the preceding calendar year.
(C)
				Any unpaid balance of the required fee or salary contributions due to the fund
				must be paid in full prior to distribution of any retirement benefit amount or
				death benefit amount.
(D) Prior to
				January 1, 2000, some officials received partial or full compensation through
				various fees for personal services performed in their capacity as an elected
				official. If a member has such compensation which was not processed through
				county payroll prior to January 1, 2000, and the member chooses to use as a
				high year for retirement calculations a year including such fees, the member
				must make the required contributions on all of these fees collected between
				August 27, 1994, and December 31, 1999, prior to his or her retirement
				commencement.
(E) Beginning January
				1, 2000, officials whose compensation is collected partly or wholly from fees
				or a combination of fees and salary may only include these fees if they are
				processed through county payroll and in accordance with the definition of
				compensation included in
				16 CSR
				50-2.010(1)(K).
(F) Compensation received from sources other
				than an employer and compensation received pursuant to independent contracting
				relationships shall not be included in calculating the retirement
				benefit.