104.345. Circuit clerks entitled to prior service credit, when--certain circuit clerks to be appointed consultants, duties, compensation to be creditable service, when--clerks entitled to refund of co
Circuit clerks entitled to prior service credit, when--certain circuitclerks to be appointed consultants, duties, compensation to becreditable service, when--clerks entitled to refund of contribution,procedure, also entitled to prior service credit.
104.345. 1. Any circuit clerk holding office or employment as suchon or after August 28, 1989, for service rendered as an employee of anycounty or other political subdivision for the purposes of performing dutiesfor the judicial system, is entitled to creditable prior service pursuantto the provisions of this chapter in the Missouri state employees'retirement system, provided such period of service has not been includedfor purposes of qualification for any other retirement system.
2. Any member who was a circuit clerk on July 1, 1980, and whoseemployment as a circuit clerk terminated prior to October 1, 1989, uponapplication to the board shall be made, constituted, appointed, andemployed by the board as a special consultant on the problems of retirementfor the remainder of the person's life. Upon request of the board, theconsultant shall give opinions or be available to give opinions in writingor orally in response to such requests. As compensation, the consultantshall receive creditable service for service rendered as a circuit clerk,deputy circuit clerk or division clerk, if:
(1) The member does not receive credit for the same period of serviceunder more than one retirement system;
(2) The person made application to the board for such creditableprior service within ninety days of October 1, 1989; and
(3) The person establishes proof of such service to the satisfactionof the board.
Such person shall be a member of the Missouri state employees' retirementsystem and be entitled to a normal annuity or to a deferred normal annuity,based on the person's creditable service and the law in effect at the timeservice as a circuit clerk was terminated.
3. Notwithstanding any provision of law to the contrary, any personwho is an employee on August 28, 1990, who was a circuit clerk, deputycircuit clerk or division clerk on June 30, 1981, employed by a countywhich participated in the local government employees' retirement systempursuant to sections 70.600 to 70.755, RSMo, or which paid to the Missouristate employees' retirement system to actuarially fund the creditable priorservice of such clerk, and such person elected to receive creditable priorservice under this system by waiving rights to the person's accumulatedcontributions made or accrued while such person was a county employee orwho made payment to the county as reimbursement for the costs incurred bythe county to actuarially fund the creditable prior service for such personwhich were received by this system pursuant to the provisions of thissection in effect when such person became a member, upon writtenapplication filed with the board, shall be eligible to receive a refund ofsuch accumulated contributions or payment amount. Members receiving such arefund shall not forfeit any service presently credited the member underthis system but in no event shall a member receive credit for the sameperiod of service under more than one retirement system.
4. Any actively employed member of the Missouri state employees'retirement system on or after August 28, 2000, shall be entitled tocreditable prior service for service rendered as a circuit clerk, deputycircuit clerk or division clerk, if:
(1) The service had not become vested in a county or city retirementplan;
(2) The person made application to the board for such creditableprior service; and
(3) The person establishes proof of such service to the satisfactionof the board including proof that the person worked in a position thatnormally required at least one thousand hours of service per year forservice after October 1, 1984, or one thousand five hundred hours ofservice per year for service prior to October 1, 1984.
(L. 1981 H.B. 835, et al., A.L. 1982 H.B. 1720, et al., A.L. 1983 H.B. 713 Revision, A.L. 1984 H.B. 1370, A.L. 1989 H.B. 674, A.L. 1990 H.B. 1347, et al., A.L. 2000 H.B. 1808, A.L. 2001 S.B. 371)