104.1042. Long-term disability, effect on retiree's annuity.
Long-term disability, effect on retiree's annuity.
104.1042. 1. Any member who is in the Missouri state employees'retirement system pursuant to the year 2000 plan created by sections104.1003 to 104.1093 and who becomes disabled and qualifies for long-termdisability benefits and retires after August 28, 1999, or who becomesdisabled and qualifies for long-term disability benefits under a programprovided by the member's employing department and retires after August 28,1999, shall continue to accrue credited service and such member's rate ofpay for purposes of calculating an annuity pursuant to the year 2000 plancreated by sections 104.1003 to 104.1093 shall be the member's regularmonthly pay received at the time of disablement, increased thereafter forany increases in the consumer price index. Such increases in the member'smonthly pay shall be made annually beginning twelve months afterdisablement and shall be equal to eighty percent of the increase in theconsumer price index during the calendar year prior to the adjustment, butnot more than five percent of the member's monthly pay immediately beforethe increase. Such accruals shall continue until the earliest of receiptof an early retirement annuity, attainment of normal retirementeligibility, or termination of disability benefits.
2. A member described in subsection 1 of this section who continuesto be disabled until normal retirement eligibility may elect an annuitystarting date upon termination of disability payments and shall receive anormal retirement annuity provided for in section 104.1024.
3. If the member's disability terminates, disability accrualsdescribed in subsection 1 of this section shall terminate.
4. Upon termination of disability payments and not returning to aposition in which the member is an employee, the member's rights to planbenefits shall be determined as if the member had terminated employment attime 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 employeeafter July 1, 2000, shall be covered under the closed plan and shall beeligible to elect coverage under the new plan as provided by subsection 5of section 104.1015.
(L. 1999 S.B. 308 & 314, A.L. 2000 H.B. 1808)Effective 7-1-00