104.340. Creditable prior service and prior service credits--what is included--special consultants, requirements, compensation.
Creditable prior service and prior service credits--what isincluded--special consultants, requirements, compensation.
104.340. 1. Any member, on the first day of the first monthfollowing the original effective date of sections 104.310* to 104.540,September 1, 1957, shall be entitled to creditable prior service for thepurpose of sections 104.310* to 104.620 for all active military serviceperformed in the United States Army, Air Force, Navy, Marine Corps, CoastGuard and members of the United States Public Health Service when in theactive military service, or any women's auxiliary thereof in time of activearmed warfare, if such member was a state employee immediately prior to themember's entry into the armed services and became an employee of the statewithin ninety days after termination of such service under honorableconditions or release to inactive status in a reserve component of thearmed forces. This includes:
(1) Members of the reserve component of the armed forces (NationalGuard of the United States, United States Army Reserve, Air National Guardof the United States, United States Air Force Reserve, United States NavalReserve, United States Marine Corps Reserve, United States Coast Guard);
(2) Reserve components existing prior and subsequent to the originaleffective date of sections 104.310* to 104.540; and
(3) The reserve of the United States Public Health Service, while inthe active military service of the United States.
2. Any former full-time employee of a state board, whether unassignedor assigned to the governor, who becomes a member within one year oftermination of employment with the board, shall be entitled to creditableprior service not to exceed eight years for service rendered, provided themember had not become vested in a city or county retirement system and hasor attains one or more years of continuous service.
3. Notwithstanding any other provision of law to the contrary, anyemployee of a political subdivision who becomes a state employee, or gainseligibility to become a member, by an act, or acts, of the general assemblyafter August 13, 1986, making such employment state employment shall beentitled only to prior service credit for such employment with a politicalsubdivision. Such prior service credit, which cannot exceed eight years,shall be used in the determination of eligibility for benefits pursuant tothe provisions of sections 104.310* to 104.612 but not in determining theamount of benefits, if the person makes application to the board for suchprior service credit within ninety days of becoming a member of theMissouri state employees' retirement system, and establishes such serviceto the satisfaction of the board; except that such prior service creditshall not be used for the purposes of computing the minimum benefitprovided by section 104.615.
4. Any member who had performed active service in the United StatesArmy, Air Force, Navy, Marine Corps, Army or Air National Guard, CoastGuard, or any reserve component thereof prior to last becoming a member, orwho is otherwise ineligible under subsection 1 of this section or otherprovisions of this chapter, and who became a member after the person'sdischarge under honorable conditions may elect, prior to retirement, topurchase all of the member's creditable prior service equivalent to suchservice in the armed forces, but not to exceed four years, provided theperson is not receiving and is not eligible to receive retirement creditsor benefits from any other public or private retirement plan for theservice to be purchased. However, if the member is eligible to receiveretirement credits in a United States military service retirement system,the member shall be permitted to purchase creditable prior serviceequivalent to such service in the armed forces, but not to exceed fouryears, any other provision of law to the contrary notwithstanding. Thepurchase shall be effected by the member's submission of appropriatedocumentation verifying the member's dates of active service and by payingto the retirement system an amount equal to what would have beencontributed by the state in the member's behalf had the member been amember for the period for which the member is electing to purchase creditand had the member's compensation during such period of membership been thesame as the annual salary rate at which the member was initially employedby a department, with the calculations based on the contribution rate ineffect on the date of employment with simple interest calculated from thedate of employment from which the member could first receive creditableservice to the date of election under this subsection. The payment shallbe made over a period of not longer than two years, measured from the dateof election, and with simple interest on the unpaid balance. Payments madefor such creditable prior service under this subsection shall be treated bythe retirement system as would contributions made by the state and shallnot be subject to any prohibition on member contributions or refundprovisions in effect at the time of enactment of this subsection**.
5. Any member who terminated employment prior to August 13, 1986, whohad served in the armed forces of the United States prior to becoming amember, or who is otherwise ineligible pursuant to subsection 1 of thissection or other provisions of this chapter, and who became a member afterthe person's discharge under honorable conditions shall, upon applicationto the board of trustees of the Missouri state employees' retirementsystem, be made, constituted and appointed and employed by the board as aspecial consultant on the problems of retirement, aging and other statematters for the remainder of the person's life. Upon request of the boardof the system or the court from which the person retired, the consultantshall give opinions or be available to give opinions in writing or orallyin response to such requests. As compensation for such services, theconsultant shall be eligible to purchase, prior to retirement, creditableprior service as provided in this subsection.
6. Any member who is an employee on or after June 30, 1988, shall beentitled to creditable prior service for all full-time service rendered atLincoln University prior to June 30, 1988, if such service is establishedto the satisfaction of the board, provided such member elects in writing toforfeit all rights accrued under the Lincoln University retirement plan forsuch service, and provided such service is not now credited the memberunder the Missouri state employees' retirement system.
7. Any person who is an employee on or after August 28, 1989, and whohas been denied credit for any service because the person was a member ofsome other retirement system or benefit fund to which the state was acontributor shall receive creditable prior service for all the servicerendered which would have otherwise been earned during such period ofservice by the person except for the denial of credit; however, in no eventshall any person receive service credit for the same period of serviceunder more than one retirement system.
8. Upon application to the board, any member or former member not yetretired previously employed by the Missouri institute of psychiatry priorto July 1, 1974, and who by virtue of such employment was a member of aretirement system or plan other than the Missouri state employees'retirement system but did not become vested in that system or plan shallreceive creditable prior service for such service, provided that suchservice is not used for the calculation of benefits under any otherretirement system or plan, excluding Social Security, and that such serviceis established to the satisfaction of the board.
9. Any retired member previously employed by the Missouri instituteof psychiatry prior to July 1, 1974, and who by virtue of such employmentwas a member of a retirement system or plan other than the Missouri stateemployees' retirement system but did not become vested in that system orplan may make application to be made, constituted, appointed, and employedby the board as a special consultant on the problems of retirement, agingand other state matters. As compensation the special consultant shallreceive beginning the month next following such appointment an amount equalto the retirement benefit the member would have been receiving had suchservice been included in the original retirement benefit calculation,provided that such service is not used for the calculation of benefitsunder any other retirement system or plan, excluding Social Security, andthat such service is established to the satisfaction of the board.
10. Notwithstanding any other provisions of law to the contrary, if aformer employee terminated employment before January 1, 1988, and suchformer employee had also served as a board member pursuant to theprovisions of section 329.190, RSMo, such former employee shall uponapplication to the board of trustees of the Missouri state employees'retirement system be made a special consultant on the problems ofretirement and shall upon request of the board of trustees give opinions inwriting or orally in response to such request. As compensation for suchservices, the former employee shall receive creditable service for all timethe former employee was employed by the state and the time the formeremployee served on the board pursuant to the provisions of section 329.190,RSMo, provided that such service is not used for vesting in any otherpublic employee retirement system.
(L. 1957 p. 706 § 5, A.L. 1959 H.B. 283, A.L. 1972 S.B. 548, A.L. 1978 H.B. 1634, A.L. 1981 H.B. 835, et al., A.L. 1984 H.B. 1370, A.L. 1985 H.B. 790, H.B. 575, A.L. 1986 H.B. 1496, A.L. 1987 H.B. 713, A.L. 1988 H.B. 1643 & 1399, A.L. 1988 H.B. 1100, et al., A.L. 1989 H.B. 610 merged with H.B. 674, A.L. 1992 S.B. 499, et al., A.L. 1993 S.B. 126, A.L. 1994 H.B. 1149, A.L. 1997 H.B. 356, A.L. 2003 S.B. 248, et al.)*Section 104.310 was repealed by H.B. 1643, 1988.
**"This subsection" was enacted as subsection 12 of H.B. 1496, 1986, and went into effect on 8-13-86.