104.342. Certain teachers employed by state to be members, when--may elect to remain members of public school retirement system, procedure, election for certain teachers required to be made, when--eff
Certain teachers employed by state to be members, when--may elect toremain members of public school retirement system, procedure, electionfor certain teachers required to be made, when--effect of failure tomake election--newly employed teachers to become members of statesystem--employees at time of service not covered by federal SocialSecurity, effect--certain employees electing to remain in schoolretirement system entitled to refund plus interest, when--certainteachers remaining in school retirement system to be noncontributorymembers.
104.342. 1. Any person hired by the state on or after August 13,1986, in any of the positions described in this subsection shall be amember of the system from the date on which such employment begins. Thissubsection shall apply to any person duly certified under the law governingthe certification of teachers who is employed full time:
(1) As a teacher by the division of youth services;
(2) As a teacher by a division of the state department of socialservices and who renders services in a school whose standards of educationare set and which is supervised by a public school officer of the county inwhich the school is located, by the department of elementary and secondaryeducation or by the coordinating board for higher education;
(3) As a teacher by the section of inmate education of the departmentof corrections;
(4) In either a teaching or supervisory teaching capacity by thedepartment of mental health, in which his or her duties includeparticipation in the educational program of the department of mentalhealth.
2. Any person employed in any of the positions described insubsection 1 of this section immediately prior to and on August 13, 1986,may elect, in writing, to:
(1) Become a member of the Missouri state employees' retirementsystem effective January 1, 1987. Any person who, by virtue of an electionmade under this subdivision, becomes a member of the Missouri stateemployees' retirement system shall be entitled to creditable prior servicecredit for service rendered in any of the positions described in subsection1 of this section. Members who so elect shall be eligible, upon writtenrequest filed with the public school retirement system, to receive a refundof their accumulated contributions including interest of six percent andupon payment of such refund, the public school retirement systems shall payto the state employees' retirement system before June 30, 1987, an amountequal to the amount paid the public school retirement system on behalf ofeach member so electing by the member's employer; or
(2) Remain a member of the public school retirement system ofMissouri created under sections 169.010 to 169.140, RSMo. Any personentitled to make the election provided by this subsection who does not makesuch election, in writing, by January 1, 1987, shall be deemed to haveelected to be governed by subdivision (1) of this subsection.
3. Any person who is employed on a full-time basis by Truman StateUniversity, Northwest Missouri State University, Central Missouri StateUniversity, Southeast Missouri State University, Southwest Missouri StateUniversity, Harris-Stowe State College or Missouri Southern State Collegeand Missouri Western State College shall be a member of the system; exceptthat any person who is duly certified under the laws governing thecertification of teachers and who is a full-time employee of suchinstitution or institutions on June 14, 1989, and is contributing becauseof such employment to a retirement system established under sections169.010 to 169.140, RSMo, or sections 169.410 to 169.540, RSMo, may make anelection to continue in that retirement system if such election is made onor before December 31, 1989. This election shall not apply to any suchperson who commenced receiving retirement benefits prior to January 1,1990, from any state retirement system because of such service.
4. Effective January 1, 1990, only after an affirmative referendum inaccordance with section 105.353, RSMo, any person who is employed on afull-time basis by the department of elementary and secondary educationshall be a member of the system; except that any person duly certifiedunder the law governing the certification of teachers who is a full-timeemployee at any time during the period extending from June 14, 1989,through December 31, 1989, and is contributing because of such employmentto the retirement system established under sections 169.010 to 169.140,RSMo, may elect to continue in that retirement system if such election ismade on or before December 31, 1989. This election shall not apply to anysuch person who commenced receiving retirement benefits prior to January 1,1990, from any state retirement system because of such service.
5. On June 14, 1989, all newly employed persons in the positionsdescribed in subsection 3 of this section shall become members of theMissouri state employees' retirement system. Effective January 1, 1990,and only after an affirmative referendum provided for in subsection 4 ofthis section, all newly employed persons in the positions described insubsection 4 of this section shall become members of the Missouri stateemployees' retirement system.
6. Any employee actively employed on June 14, 1989, who, because ofemployment in a position described in subsection 1, 3 or 4 of this section,has creditable service in this system for such employment which at the timethe service was rendered was not covered by the federal Social SecurityAct, shall remain in this system and be entitled to the benefits providedunder subdivision (1) of subsection 7 of this section; except that any suchemployee who has creditable service in this system because of employment ina position described in subsection 4 of this section which is not coveredby the federal Social Security Act on January 1, 1990, shall not beentitled to the benefits provided under subdivision (1) of subsection 7 ofthis section for such creditable service.
7. Any person entitled to make the election provided by subsection 3or 4 of this section, who does not make such election, in writing, on orbefore December 31, 1989, shall be deemed to have elected to be governed bysubdivision (1) of this subsection:
(1) Those persons described in subsections 3 and 4 of this sectionwho elect or have elected by written request filed with the board to bemembers of this system, shall be entitled to creditable prior service forservice rendered in any of the positions described in subsections 1, 3 and4 of this section. Any person who so elects shall be eligible, uponwritten request filed with the board on or before March 31, 1990, with theretirement system established under sections 169.010 to 169.140, RSMo, orsections 169.410 to 169.540, RSMo, to receive a refund of the member'saccumulated contributions for the creditable service in any of thepositions described in subsections 1, 3 and 4 of this section, plusinterest at an annual rate of six percent computed on the refundablebalance, if any, in the member's account in that retirement system as ofJune 30, 1989. Such refunds shall be made prior to June 1, 1990. If anycreditable prior service transferred under subsection 1, 3 or 4 of thissection, or subsection 3 of section 104.372, includes periods of servicenot covered by the federal Social Security Act, as provided in sections105.300 to 105.445, RSMo, then, in calculating the benefit amount payableto such member, the normal annuity shall be an amount equal to two andone-tenth percent of the average compensation of the member multiplied bythe number of years of such creditable service for the positions describedin subsections 1, 3 and 4 of this section not covered by the federal SocialSecurity Act in addition to an amount payable under section 104.374 for allservice covered by the federal Social Security Act. The normal annuity asdescribed in this subdivision shall be adjusted for early retirement, ifapplicable;
(2) Any person described in subsections 3 and 4 of this section, whoelects to remain in one of the retirement systems established undersections 169.010 to 169.140, RSMo, or sections 169.410 to 169.540, RSMo,shall, notwithstanding any provision of chapter 169, RSMo, to the contrary,be a noncontributing member of such system and shall receive a refund ofthe member's accumulated contributions for the creditable service in any ofthe positions described in subsection 1, 3 or 4 of this section, plusinterest at an annual rate of six percent computed on the refundablebalance, if any, in the member's account in that retirement system as ofJune 30, 1989. Such refunds shall be made prior to June 1, 1990. At thetime of retirement under the provisions of sections 169.010 to 169.140,RSMo, or sections 169.410 to 169.540, RSMo, such person shall receive aretirement benefit computed under the then existing law of that retirementsystem; except that, for any person employed in a position described insubsection 4 of this section, the benefit shall be the amount computed asthough the position were not covered by the federal Social Security Act,reduced by the amount of any federal Social Security benefit the person mayreceive which is attributable to service rendered in the positionsdescribed in subsection 4 of this section after December 31, 1989.
8. Upon payment of the refunds provided in subdivision (1) ofsubsection 7 of this section, each refunding retirement system shall pay tothe state employees' retirement system, by December 31, 1990, an amountactuarially determined to equal the liability transferred from suchretirement systems. At least ninety days before each regular session ofthe general assembly the board of trustees of the affected public schoolretirement system shall certify to the division of budget an actuariallydetermined estimate of the amount which will be necessary during the nextappropriation period to pay all liabilities, including costs ofadministration, which shall exist or accrue under subsections 1 through 7of this section during such period. The estimate shall be computed as alevel percentage of payroll compensation to cover the normal cost and toamortize the accrued liability over a period not to exceed forty years.The commissioner of administration shall request appropriation of theamount calculated under the provisions of this subsection. Thecommissioner of administration monthly shall requisition and certify thepayment to the executive secretary of the appropriate school retirementsystem.
9. Notwithstanding any provisions of chapter 169, RSMo, to thecontrary, any member who becomes a member under the provisions ofsubsection 2, 5, or 7 of this section and who has creditable service with apublic school retirement system under that chapter because of employmentwith any employer other than those defined in subsection 1, 3, or 4 of thissection shall immediately vest in that public school retirement system andupon attainment of the minimum retirement age of that system shall beentitled to a monthly benefit based on such creditable service and the lawin effect at that time, provided the person does not elect to withdraw themember's accumulated contributions for such creditable service from thatpublic school retirement system.
10. Effective July 1, 1988, the Lincoln University board of curatorsshall terminate the Lincoln University retirement, disability and deathbenefit plan and shall purchase through competitive bids annuities adequateto cover the liability for all benefits presently being paid from such planto former employees or their surviving beneficiaries upon the death of theemployee as provided by such plan at the time of the commencement ofbenefits to such former employees or beneficiaries. Lincoln Universityshall pay to the Missouri state employees' retirement system on or beforeJuly 1, 1988, an amount equal to all funds and securities thereon containedin the Lincoln University retirement, disability and death benefit planless the amount needed to purchase annuities for retiree and survivorbenefits.
11. Effective July 1, 1988, the Lincoln University board of curatorsshall certify to the board of trustees of the Missouri state employees'retirement system all persons eligible to receive but not yet receivingbenefits under the Lincoln University retirement, disability and deathbenefit plan, for service prior to June 30, 1988, together with the amountspayable and supporting documentation as to the methods, plan provisions anddata used to calculate such benefits, to the satisfaction of the board oftrustees of the Missouri state employees' retirement system, and theMissouri state employees' retirement system shall assume responsibility forpayment of such benefits in the future.
12. Any person employed on a full-time basis by Lincoln University onor after July 1, 1988, shall become a member of the Missouri stateemployees' retirement system, and may elect in writing to receivecreditable prior service for all full-time service to Lincoln University ifsuch service is not now credited the member under the Missouri stateemployees' retirement system, and provided the member elects in writing toforfeit all rights accrued under the Lincoln University retirement,disability and death benefit plan for such service.
13. (1) Any person who is employed by Harris-Stowe State College asa teacher or administrator on August 28, 1995, who was employed full timeby Harris-Stowe College prior to September 1, 1978, who became a member ofthe Missouri state employees' retirement system on or after September 1,1978, and who has been continuously employed by the college, may purchasecreditable prior service for any service rendered to Harris-Stowe Collegeprior to September 1, 1978, which is not otherwise credited under theMissouri state employees' retirement system, not to exceed twelve years;
(2) Any person eligible to purchase creditable prior service underthe provisions of subdivision (1) of this subsection may make writtenapplication to the board of trustees of the Missouri state employees'retirement system prior to retirement, but not later than April 1, 1996.The purchase shall be effected by the member and the public schoolretirement system of which the member was previously a member paying to theMissouri state employees' retirement system the following amounts:
(a) The amount contributed by the employee to the St. Louis publicschool retirement system during the years of prior service withHarris-Stowe College for which the employee seeks to purchase creditableprior service in the Missouri state employees' retirement system, includinginterest which may have been credited to the member's individual accountwith the system, or which would have been credited to the account had itremained with the St. Louis public school retirement system; and
(b) An amount which shall not be less than zero and which shall equalthe actuarial accrued liability of the St. Louis public school retirementsystem for the prior service, determined as of the transfer date as if themember were still in active service covered by the St. Louis public schoolretirement system, less the amount stipulated in paragraph (a) of thissubdivision;
(c) If the member had received a refund of contributions related toservice covered by the St. Louis public school retirement system, theamount stipulated in paragraph (a) of this subdivision shall be paid to theMissouri state employees' retirement system by the member, otherwise, suchamount shall be paid to the Missouri state employees' retirement system bythe St. Louis public school retirement system;
(3) Any amount payable to the Missouri state employees' retirementsystem by the member may be paid in a lump sum or in monthly installments.If paid in monthly installments, the period over which payments are beingmade may not extend beyond the earlier of the member's retirement date orApril 1, 1997, and shall include interest at a rate established by theboard of trustees of the Missouri state employees' retirement system;
(4) Any amounts payable to the Missouri state employees' retirementsystem by the St. Louis public schools retirement system shall be paid in alump sum and shall not be paid later than the earlier of the member'sretirement date or April 1, 1997, and shall include interest at a rateestablished by the board of trustees of the Missouri state employees'retirement system;
(5) Any person who elects to purchase creditable prior service underthe provisions of this section shall file with the St. Louis public schoolretirement system an irrevocable waiver and release of any rights andbenefits in that system for the creditable prior service being purchased.The member shall file with the Missouri state employees' retirement systema copy of the waiver and an affidavit stating that he or she is no longereligible to receive benefits or credits in any other retirement system forthe creditable prior service being purchased;
(6) All retirement plans defined under section 105.660, RSMo, shalldevelop a procurement action plan for utilization of minority and womenmoney managers, brokers and investment counselors. Such retirement systemsshall report their progress annually to the joint committee on publicemployee retirement and the governor's minority advocacy commission.
14. In no event shall any person receive service credit for the sameperiod of service under more than one retirement system.
(L. 1986 H.B. 1496, A.L. 1987 H.B. 713 merged with H.B. 384 Revision, A.L. 1988 H.B. 1100, et al., A.L. 1989 H.B. 610, A.L. 1995 H.B. 416, et al. merged with S.B. 340, A.L. 1997 H.B. 356)