104.404. Certain employees eligible for retirement may apply for medical benefits upon retirement, amount of contribution, time limitations.
Certain employees eligible for retirement may apply for medicalbenefits upon retirement, amount of contribution, time limitations.
104.404. 1. An employee who has not been a retiree of the system inwhich such employee is currently receiving creditable or credited service,who is eligible to receive a normal annuity pursuant to section 104.080,104.090, 104.100, 104.271, or 104.400, or a life and any temporary annuitypursuant to section 104.1024, and whose annuity commences no later thanSeptember 1, 2003, shall be eligible to receive the medical benefitsdescribed in section 104.403.
2. An employee who would be eligible to receive a normal annuitypursuant to section 104.080, 104.090, 104.100, 104.271, or 104.400, or alife and any temporary annuity pursuant to section 104.1024, no later thanJanuary 1, 2004, shall be eligible to retire based on the employee'screditable or credited service and the average compensation or finalaverage pay on the employee's date of termination of employment if theemployee applies to retire and whose annuity commences no later thanSeptember 1, 2003. Such employee who so retires shall be eligible toreceive the medical benefits described in subsection 1 of this section.
3. Any employee described in subsections 1 and 2 of this section whootherwise would be eligible to elect to receive benefits under theprovisions of sections 104.625 and 104.1024, by no later than January 1,2004, shall be eligible to elect to receive benefits pursuant to sections104.625 and 104.1024; except that in no event shall a lump sum payment bemade for any time period after the employee's annuity starting date.
4. A retiree whose retirement annuity commenced on or after February1, 2003, but no later than September 1, 2003, shall be eligible to receivethe medical benefits described in section 104.403.
5. The state may hire employees to replace those employees retiringpursuant to this section and section 104.403, except that departments shallnot fill more than twenty-five percent of those positions vacated.Exceptions to the twenty-five percent restriction may be made for criticalor seasonal positions or positions which are entirely federally funded.Such determination shall be made by rule and regulation promulgated by theoffice of administration. The provisions of this subsection shall notapply to Truman University, Lincoln University or the educationalinstitutions described in section 174.020, RSMo.
6. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2003, shall beinvalid and void.
7. The Missouri state employees' retirement system and the highwaysand transportation employees' and highway patrol retirement system shallmake a report in writing to the governor, commissioner of administration,and the general assembly by April 1, 2004, and in addition shall providemonthly tracking of the effect of state employee retirements pursuant tothis section and section 104.403. The report shall cover the time periodof February 1, 2003, to January 31, 2004. The report shall include thenumber of such retirements, the amount of payroll affected as a result ofretirements, and the financial effect of such retirements as expressed in areport by each system's actuary.
8. The office of administration shall make a report in writing to thegovernor and the general assembly by April 1, 2004, and in addition shallprovide monthly tracking of the budgetary effect of state employeeretirements pursuant to this section and section 104.403. The report shallinclude the amount of payroll reduced as a result of such retirements, thenumber of positions that are core cut as a result of such retirements, thenumber of employees employed to replace those who retired pursuant to thissection, and the financial effect on the budget, including any costsassociated with payment of medical premiums by the state.
9. The Missouri consolidated health care plan shall make a report inwriting to the governor and the general assembly by April 1, 2004, and inaddition shall provide monthly tracking of the effect of state employeeretirements pursuant to this section and section 104.403. The report mayinclude, and not be limited to, the amount of payroll reduced as a resultof such retirements, the number of positions that are core cut as a resultof such retirements, the number of employees employed to replace those whoretired pursuant to this section, and the financial effect on the budget,including any costs associated with payment of medical premiums by thestate.
(L. 2003 S.B. 248, et al. § 2)Effective 7-01-03