95.540. City may establish pension system for officers, employees and dependents--costs for utility, library, museum and zoo employees, how paid (cities over 450,000).
City may establish pension system for officers, employees anddependents--costs for utility, library, museum and zoo employees,how paid (cities over 450,000).
95.540. 1. The following words and phrases as used in this section,unless a different meaning is plainly required by the context, shall mean:
(1) "Employee", any person regularly employed by any city, within theauthorization of this section, who receives remuneration from the city forpersonal services rendered the city. The term "employee" shall not includeany person:
(a) Who is included as an active member in any other pension plansimilar in purpose by reason of his employment with the city, except thefederal Social Security Old Age, Survivors, and Disability Insurance Program,as amended; or
(b) Who acts for the city under contracts or is paid wholly on a feebasis; or
(c) Who is a city officer or elected official of the city as defined inthis section; or
(d) Who is employed by the city as a "fireman" or "policeman";
(2) "Officer", any officer or elected official of the city who has beendelegated some substantial part of the sovereign power to be independentlyexercised with some continuity and without control of a superior power otherthan the law.
2. Any city of this state that now has or may hereafter have apopulation of more than four hundred and fifty thousand inhabitants is herebyauthorized to provide by ordinance or otherwise for the pensioning of itsemployees and officers, in one or more plans, whether performing city orcounty functions, and the widows and minor children of deceased employees andofficers and to appropriate and utilize its municipal revenues and otheravailable funds for such purposes.
3. The employees and officers of any municipally owned public utilitymay be included within the provisions of any pension plan adopted in pursuanceof subsection 2, but the cost of paying pensions to such employees andofficers and the widows and minor children thereof, as well as its pro ratashare of the expenses of administration and the operation of the pensionsystem, as a whole, shall be borne by the funds or revenues of suchmunicipally owned public utility.
4. The employees and officers of any administrative board or board ofcontrol organized and existing under the general laws of the state of Missourifor the purpose of furnishing library services or maintaining and operating anart museum or a zoological park or similar public service to the inhabitantsof such city may be included within the provisions of any pension plan adoptedin pursuance of subsection 2, but the cost of paying pensions to suchemployees and officers and widows and minor children thereof, as well as theirpro rata share of the expenses of administration and the operation of thepension system, as a whole, shall be borne by the funds or revenues of suchadministrative board or board of control; provided, however, that theemployees and officers of any such board or board of control shall not beincluded in any such pension plan unless the ordinance of such city providingfor the inclusion of such employees and officers shall be accepted byresolution of such administrative board or board of control.
(L. 1959 S.B. 329 §§ 1, 2, 3, A.L. 1971 S.B. 207)